Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Workers' Representatives Convention, 1971 (No. 135) - Germany (Ratification: 1973)

The Committee notes the observations of the German Trade Union Federation (DGB) received on 31 August 2021, alleging gaps in the protection of workers’ representatives, in particular with respect to attempts at preventing works council ballots. The Committee notes that the DGB points to the adoption of the Works Council Modernization Act, 2021, amending the Works Constitution Act, 2001, which governs the establishment and functioning of works councils and alleges that while some improvements have been made in the legislation, gaps remain both in matters of protection of workers’ representatives and the applicable sanctions. The Committee further notes the Government’s indication that the Works Constitution Act and the European Works Councils Act have been amended as a result of new laws adopted between 2016 and 2020, but observes that the Government does not refer to the Works Council Modernization Act mentioned by the DGB. In line with the above, the Committee requests the Government to provide its reply to the DGB observations and to indicate the amendments made to the relevant national legislation, whether the Works Constitution Act or other laws giving effect to the guarantees of the Convention, as a result of the Works Council Modernization Act, 2021 and, in particular, to clarify the effect of these amendments on the rights guaranteed by the Convention.