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

Employment Policy Convention, 1964 (No. 122) - Germany (Ratification: 1971)

The Committee takes note of the additional information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and on the basis of the information at its disposal in 2019.

The Committee also notes the observations of the German Confederation of Trade Unions (DGB) received on 30 September 2019, as well as the additional observations of the DGB received on 28 October 2020

Articles 1, 2 and 3 of the Convention. Implementation of an active employment policy. Employment trends and the impact of the COVID-19 pandemic. In its previous comments, the Committee requested the Government to provide information on the impact of active employment measures adopted to promote full, productive and sustainable employment opportunities, including for young persons, particularly those between 20 and 25 years of age. The Committee notes the legislation adopted during the reporting period, in particular the Bridge Part-Time Work Act of 11 December 2018 on Further Development of Part-Time Employment Law and the Act for the Promotion of Vocational Further Education in Structural Change and the Further Development of Educational Support of 20 May 2020. The Committee further notes the information provided, by both the Government and the DGB, on the serious social and economic impact of the COVID-19 pandemic on the German labour market. The Government indicates that, prior to the pandemic, the unemployment rate was at its lowest since the Reunification of the country. However, the pandemic has left deep marks on the German labour market and eroded the positive developments of recent years. The Committee notes that, during the pandemic, “Kurzarbeit” (shorter working hours arrangements) have reached a historically unprecedented level, with six million workers on shorter hours. In April 2020, 20 per cent of workers covered by mandatory social insurance across all sectors were drawing short-time allowances. The COVID-19 crisis has led to an increase in unemployment of about 620,000 persons between March and August 2020. The Committee notes with interest the series of measures taken by the Government to mitigate the impact of the pandemic on the labour market. A large range of support programmes and services, such as professional integration, career advice, vocational education and training (VET) courses, integration allowances, start-up grants and short time allowances, have been provided for those at risk of unemployment or already unemployed, as well as for young people at the beginning of their working lives. The Government has also taken measures to mitigate the negative impact of the pandemic on VET, in particular, through the approval and funding of the “Securing Apprenticeships” programme in 2020, which seeks to maintain training places and apprenticeships to give young people future employment prospects. The Government also refers to the development of a National Training Strategy (NTS), 2019, which is designed to prepare both individuals and society for structural changes and new challenges such as automation and digitalization. The Committee notes that in the framework of the NTS, an innovation competition, “Digital Platform Vocational Training (INVITE)” was launched in April 2020, to promote greater use of digitalization opportunities for future learning. Moreover, the Committee notes that labour market equality officers are present at all institutional levels to assist the administration of the particular federal agency (employment agencies, job centres, regional directorates and the head office of the Federal Employment Agency) in achieving the objectives of equal treatment of women and men. The Committee invites the Government to continue to provide updated information in its next report on the impacts of the global COVID-19 pandemic on the application of the Convention, including the challenges encountered and lessons learned. In particular, the Committee invites the Government to provide information on the effects of the measures taken to mitigate the impact of the pandemic. In this regard, the Committee requests statistical information on the impact of these measures in minimising the adverse impact of the pandemic on the Government’s policies for employment, unemployment, underemployment.

Employment services. The DGB observes that the Skilled Workers Immigration Law, which came into force on 1 March 2020, targets and manages the migration of skilled workers from non-European countries who seek to access the German labour market. The market is open to unregulated domestic or foreign private agencies, which often recruit workers in return for a fee and assign them to work in Germany. The DGB maintains that it is aware of numerous cases of abuse in the context of private work placements, not least by private recruitment agents based abroad, who operate without supervision and should be subject to certification. In light of the observations of the DGB, the Committee requests the Government to provide detailed information on any measures taken or envisaged, in consultation with the social partners, to regulate the activities of private recruitment agencies operating on German territory. In this regard, the Committee invites the Government to consider the possibility of ratifying the Private Employment Agencies Convention, 1997 (No. 181).

Long-term unemployment. The Committee previously requested the Government to provide information on the measures undertaken to help long-term unemployed persons to obtain lasting employment and to provide information regarding the impact of the “Open opportunities – secure social participation” programme. The Committee notes the Government’s indication that, in 2018, the number of long-term unemployed fell by 320,000 persons. In this respect, the Committee notes the series of measures taken by the Government to reduce long-term unemployment, including the “MitArbeit” (Cooperation) programme, developed to help the long-term unemployed into work through a holistic programme of intensive support, individual advice and effective funding, while at the same time offering them concrete employment opportunities. The Government further indicates that the Act on the Flexibilization of the Transition from Working Life to Retirement, and the Strengthening of Prevention and Rehabilitation in Working Life (Flexi-Pensions Act) of 8 December 2016 offers older workers the possibility of taking their full pension early or taking a partial pension and combining it with part-time work. The Committee requests the Government to continue to provide detailed updated information, including statistical data disaggregated by age and sex, on the nature and impact of measures taken to reduce long-term unemployment.

Young persons. In response to its previous comments, the Committee notes the statistics provided by the Government on youth unemployment. In particular, it notes that the unemployment rate among young people has increased following the outbreak of the COVID-19 pandemic, from 4.2 per cent in June 2019 to 6.3 per cent in July 2020. The DGB observes that, in 2019, 14.2 per cent of young workers (aged under 25) were working under temporary employment contracts, many of which ended during the pandemic, increasing youth unemployment. The Government refers to a series of measures aimed at supporting vocational training, apprenticeship and employment of young people. The Committee notes the impact of the “Future Starter” [Zukunftsstarter] initiative, which, during the reporting period, has given approximately 100 000 young adults (25 to 35) the opportunity to take up a first apprenticeship or to complete a vocational qualification. The Committee further notes various measures taken by the Government to promote youth employment, including for young persons with disabilities and disadvantaged youth. In this regard, the Government indicates that comprehensive and flexible labour market support schemes have continued to be available during the reporting period, supported by a high volume of funding in the Federal Employment Agency’s budget to support young people with disabilities and assist them in accessing vocational apprenticeships. The Government refers to the activities of the “youth employment agencies”, collaborative structures designed to promote cooperation between employment agencies, job centres and youth support providers to more effectively reach disadvantaged young people. In this regard, the Committee notes the creation of the “youth employment agencies service point”, an exchange and support structure for youth employment agencies, based at the Institute for Vocational Training (BIBB). It further notes the development of the “YouConnect” project, which aims to provide customized, ongoing support and funding for the vocational training of people with learning difficulties, or those who are socially disadvantaged. The Committee requests the Government to continue to provide updated detailed information on the impact of measures taken or envisaged to tackle youth unemployment, especially in the context of the current pandemic, as well as information, including statistical data disaggregated by age and sex, on the impact of the measures on young persons’ access to lasting employment, including young persons with disabilities and disadvantaged youth.

Refugees. In its previous comments, the Committee requested the Government to provide detailed information, including statistics, on the outcome of the measures taken to integrate refugees into the labour market. The DGB observes that no other group of workers has been as severely affected by the pandemic as migrants and refugees. In June 2020, the number of unemployed foreign passport holders had risen by some 37 per cent compared with the previous year (25 per cent in the case of Germans). Many refugees, for whom employment or an apprenticeship is the main condition for remaining in Germany, have been affected by massive redundancies that have aggravated their already threatening situation. The Government indicates that numerous legislative amendments have been introduced and various measures have been taken to facilitate social and economic integration of refugees in the labour market. These measures include acceleration of the asylum process, expanded German language and integration courses, assessment of professional qualifications, funding programmes and recognition of previous informal and formal qualifications of asylum seekers. The Committee notes that in 2018 the number of refugees in vocational apprenticeships increased by 16 000 persons compared to 2017 and that the overall employment rate of refugee workers has more than doubled since 2016 (14.5 per cent), reaching 34.4 per cent in April 2020. The Committee notes, however, that since June 2019 the number of refugees seeking work has fallen from 490,000 to 455,000 persons and the number of unemployed refugees has increased slightly, from 181,000 to 196,000. The Government indicates that research for the period covering October 2017 to March 2021 will be conducted to assess progress in relation to the integration of refugees into the labour market. The Committee requests the Government to provide information on the measures taken to mitigate the impact of the pandemic and to improve the labour market situation, in particular for those groups and individuals that encounter difficulties in entering and remaining in the labour market and who may have been made vulnerable by the outbreak, in particular, refugees. The Government is further requested to keep the Office informed of the results of the impact assessment research on the integration of refugees into the German labour market and to provide a copy of it once it has been finalized.

“Mini-jobs.” Temporary agency workers. In response to the Committee’s previous comments, the Government indicates that, over the last four years, the share of mini-jobs has declined. However, the DGB observes that, in June 2019, there were approximately 7.6 million people in marginal employment in Germany and one in five self-employed workers was in a “mini-job”. The number of mini-jobs grew approximately 43 per cent between June 2003 and June 2018. In addition, in the first two months of the COVID-19 crisis, 415,000 mini-jobs disappeared. Of these, 250,000 represented people exclusively in marginal employment, a majority of whom were women. Those in mini-jobs have no entitlement to unemployment benefit or to short-time allowances. The DGB further observes that, since May 2020, there has been a slight increase in the number of mini-jobs. Demands are growing to consolidate and expand mini-jobs by increasing the €450 monthly income limit. The DGB considers that any such measure would further undermine the social security system. The Government indicates that to remove the burden of social insurance contributions from low-income earners, the amount of their contribution has been decreased. The Committee notes that the Government is undertaking an impact assessment of the reform of the Temporary Employment Act of 2017 to enable itself to assess the Act’s impact on the mini-jobs market. The Committee invites the Government to provide updated information on the impact of measures developed and implemented, in consultation with the social partners, to promote lasting employment for and improve the situation of “mini-job” workers. It further requests the Government to provide information on the conclusions of the impact assessment of the Temporary Employment Act of 2017.