Equal Remuneration Convention, 1951 (No. 100) - Germany (Ratification: 1956)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the German Confederation of Trade Unions (DGB) received on 21 November 2019. It further notes the additional observations of the DGB received on 10 November 2020. The Committee requests the Government to provide its comments with respect to the additional observations.

Article 2 of the Convention. Minimum wages. The Committee previously noted the adoption of the Minimum Wage Act which introduces a general statutory minimum wage and provides that collective agreements can fix higher sectoral minimum wages. It noted that a slight narrowing of the gender pay gap had been observed after the adoption of the legislation, but that a significant number of workers were reportedly paid below the minimum wage. It requested the Government to: (1) provide statistical information on the percentage of women and men who are paid the statutory minimum wage or below the minimum wage; and (2) indicate how it is ensured that, in defining minimum wages through collective agreements, rates are fixed on the basis of objective criteria. The Committee notes the Government’s indication in its report that the rate of the statutory minimum wage is adjusted every two years on the recommendation of the tripartite Minimum Wage Commission. On 1 January 2020, this rate was raised t0 EUR 9.35 an hour (gross) and, following a decision of the Minimum Wage Commission dated 30 June 2020, it is envisaged that there will be a further increase of the statutory minimum wage for the period from 1 January 2021 to 31 December 2022 in four half-yearly increments. The Committee welcomes this information. It further notes that, in its supplementary information, the Government indicates that, according to the 2019 Structure of Earnings Survey, about 800,000 women and 600,000 men are paid the minimum wage. The Government adds that, depending on the data source, the number of workers paid below the minimum wage is estimated between 530,000 (2019 Structure of Earnings Survey) and 2.4 million (German Institute for Economic Research, 2018). In this regard, the Committee notes the Government’s statement that a more precise analysis of these aspects is planned under the statutory evaluation of the minimum wage in 2020. With regard to sectoral minimum wages determined by collective agreement, the Committee notes the Government’s indication that several collective agreements were adopted at the federal level and two collective agreements were adopted at the Länder level. It however observes that the Government has not provided information on the content of the relevant provisions or on the criteria used to set the rates for minimum wages in collective agreements. In light of the persistent gender pay gap and gender segregation of the labour market, the Committee again asks the Government to provide: (i) information on the measures taken to ensure that, when defining minimum wages through collective agreements, rates are fixed on the basis of objective criteria, free from gender bias, such as qualifications, skills, effort, responsibilities and conditions of work, and that sector-specific wages do not result in the undervaluation of jobs predominantly occupied by women in comparison to those occupied by men; (ii) an extract of the relevant provisions of collective agreements fixing minimum wages; and (iii) updated statistical information on the percentage of women and men who are paid the national minimum wage, and on the number of workers who are reportedly paid below the minimum wage, as well as information on any analysis undertaken in that respect in the framework of the statutory evaluation of the minimum wage planned in 2020.

Articles 2 and 4. Collective agreements and collaboration with the social partners. The Committee previously noted that several projects were developed in collaboration with the social partners to raise awareness of and reduce the gender pay gap. It requested the Government to provide further information on: (1) the content and impact of the activities implemented in collaboration with the social partners, particularly in rural areas, including by equal pay advisors; and (2) any follow-up measures taken on the basis of the results of the “Collective Bargaining and Equal Pay” project. The Committee notes the Government's indication that, as a result of the project implemented in collaboration with the German Association of Agricultural Women, 21 women were trained as “equal pay advisors” between 2014 and 2018 to explain to women and men in rural areas the influence of stereotypical roles on career choices and career breaks, and encourage them to share career and family responsibilities more equally. The Government adds that in 2019 a new project was launched by the German Association of Women in Agriculture aimed at supporting start-ups in rural areas as an alternative for women’s access to economic resources, with women equal pay advisors being actively involved in the training of women involved in start-up pilots. With regard to the “Collective Bargaining and Equal Pay” project ,which examined whether, to what extent and why wage bargaining can influence the gender pay gap, the Committee notes that the Government again refers to the conclusions reached, but that no information is provided on any follow-up measures undertaken in this regard. It further notes that in its observations the DGB considers that the results of this project, which has shown that the gender wage gap of workers covered by collective agreements has declined over time and is significantly below that of workers not covered by such agreements, corroborates the findings of previous studies and documents the need for legislative provisions to extend the coverage of collective agreements. The DGB further highlights the critical importance of regular tripartite discussions to examine the different aspects of the gender pay gap and elaborate possible solutions. The Committee asks the Government to continue providing information on: (i) the activities implemented in collaboration with the social partners, including by equal pay advisors, to promote the application of the principle of the Convention and their impact, particularly in rural areas; and (ii) any follow-up measures taken as a result of the conclusions of the “ Collective Bargaining and Equal Pay” project, in particular regarding the extension of the coverage of collective agreements.

Article 3. Tools for the assessment of the gender pay gap and objective job evaluation. The Committee previously noted that several tools were available to help employers identify gender disparity in their pay structure, including the “eg-check” tool and the “monitor pay transparency” tool developed to assist employers in the implementation of the Act of 2017 to promote remuneration transparency between women and men (the Transparency of Remuneration Act). It further noted that the Examination of Job Evaluation Procedures (EVA) list, which allows individual job evaluation procedures to be reviewed for gender neutrality using selected questions, was easily accessible by the social partners engaged in the bargaining process. It requested the Government to provide information on the use and impact of such tools, as well as on any other steps taken to develop and implement objective job evaluation methods. The Committee welcomes the Government’s indication that: (1) from 2017 to 2020 a number of businesses have run the “eg-check”; (2) an “eg-check” manual has been available since 2019; and (3) an equality test for small and medium-sized businesses, is currently being developed, which should adapt the “eg-check” for smaller businesses. It however notes with regret that no information has been provided on the impact of the tools already available to help employers identify gender disparity in their pay structure, or on any measures taken to enhance the development and implementation of objective job evaluation methods. In light of the persistent high level of the gender pay gap, the Committee asks the Government to provide information on: (i) the use of the various assessment tools available for employers, including the “ monitor pay transparency” and “ eg-check” tools, and the EVA list for the social partners engaged in the bargaining process; (ii) the impact of such tools in reducing the gender pay gap; and (iii) any active measures taken to promote the design and use in the private sector of objective job evaluation methods that are free from gender bias.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the German Confederation of Trade Unions (DGB) received on 21 November 2019. It further notes the additional observations of the DGB received on 10 November 2020. The Committee requests the Government to provide its comments with respect to the additional observations.

Article 2 of the Convention. Wage transparency. The Committee previously noted the adoption of the Act promoting remuneration transparency between women and men (Transparency of Remuneration Act), 2017, which introduces: (1) an individual entitlement for employees in establishments with more than 200 employees to obtain information on the median monthly gross salary of at least six employees of the other gender who perform the same work or work of equal value, as well as on the criteria and procedure used for determining the remuneration; and (2) regular reporting about the measures taken to promote gender equality and create equal pay for women and men for private sector employers with more than 500 employees, which are also encouraged to use internal company evaluation procedures to assess their remuneration system. It requested the Government to provide information on: (1) the implementation of the Transparency of Remuneration Act; and (2) the proportion of companies and employees covered by these provisions. The Committee notes the Government's statement, in its report, that several guides, leaflets and sample forms were disseminated to raise awareness of the provisions of the Transparency of Remuneration Act, and advice were provided to specific target groups, including workers and employers. The Government indicates that, as a result of an assessment carried out on the implementation of the Act in 2019, it appears that: (1) only 4 per cent of employees in enterprises with over 200 employees have made an information request; (2) 45 per cent of companies surveyed have voluntarily reviewed their in-house pay structures; and (3) 44 per cent of companies with reporting obligations indicated they were complying with the reporting obligation and 40 per cent were planning to do so. The Committee notes that, in its observations, the DGB considers that the assessment reveals that further amendments should be introduced in the Transparency of Remuneration Act, more particularly in order to: (1) ensure the right to information to all workers irrespective of the size of the company; (2) introduce an obligation to carry out certified evaluation procedures even for companies with less than 500 employees; (3) standardize the content and form of reporting obligations; (4) provide for sanctions in case of non-compliance of these requirements; and (5) introduce a right to bring a collective action so that the burden of enforcing their rights does not fall on individual workers. In that regard, the Committee notes the Government’s indication that, in a 2019 ruling (No. 16 Sa 983/18), the Berlin-Brandenburg State Labour Court decided that a woman journalist alleging pay discrimination was not able to exercise the individual right of information under the Transparency of Remuneration Act as, being a freelance worker, she was only a “quasi-employee” and not a “regular employee”. It however notes that, in its supplementary information, the Government indicates that following the claimant’s appeal to the Federal Labour Court, it was finally decided that the claimant was able to request information from the defendant on the criteria and procedures for wage-setting as she was, as a freelance employee, a “worker” within the meaning of section 5(2)(1) of the Act. The Committee asks the Government to continue to provide information on the implementation of the Transparency of Remuneration Act, including any assessment made of the level of compliance with the statutory reporting requirements on gender equality and equal pay at the company level, and any actions taken to address gender wage gaps revealed, and the impact thereof. It also asks the Government to provide information on: (i) any measures taken to enhance the implementation of the Act, including by raising awareness of workers, employers and their respective organizations about its provisions and remedies available; (ii) any measures envisaged to overcome obstacles to its effectiveness that may have been identified by the assessments carried out or the social partners; as well as (iii) the number of companies of more than 200 employees and of more than 500 employees in the country, as well as the proportion of the workforce covered by these undertakings.

Articles 2 and 3. Assessing and addressing the gender pay gap. The Committee previously noted the measures implemented by the Government to combat vertical and horizontal occupational gender segregation of the labour market, but expressed concern at the persistent high level of the gender pay gap. It requested the Government to strengthen its efforts in order to reduce the gender pay gap both in the public and private sectors, and address its underlying causes. The Committee notes, from the statistical information provided by the Government, that the unadjusted wage differentials between men and women slightly decreased from 21 per cent in 2017 to 20 per cent in 2019, while the gender pay gap remained unchanged in the public sector, being still estimated at 9 per cent in 2019. Clear variations still persist between the regions (21 per cent in the western part of the country, compared to 7 per cent in the eastern part of the country). The Committee notes that, in 2019, pay differentials between women and men were still particularly wide in scientific and technical activities (29 per cent); financial and insurance services (28 per cent); as well as information and communication (24 per cent) and manufacturing (23 per cent). It further notes the Government's statement that a number of causes of pay inequality have been identified among which: different choices of occupations, working hours, low representation of women in leadership positions and family-related career breaks and unpaid care work. In that regard, the Government refers to its comments made on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) on occupational gender segregation and reconciliation of work and family responsibilities. It notes that, in its observations, the DGB expresses concern at persistent stereotyped assumptions that the main responsibility for family care lies with women, which results in financial losses, career breaks and higher levels of women's participation in part-time work and "mini- jobs", thus adversely affecting their remuneration and pension levels. The Committee notes that, in its supplementary information, the Government indicates that a three-year programme “Strengthen enterprises, promote pay equality” was launched in July 2020 to embed the implementation of the pay equality requirement in enterprises as the core of a comprehensive company personnel policy. The Government adds that it will be supporting regular company discussions on the topic of pay equality, developing and awarding a label denoting fair employers and providing specific assistance on the subject of equal treatment and equality at work, including by providing examples of best practices. The Committee welcomes the initiatives implemented by the Government which contributed to the slight decrease in the gender pay gap. It however notes that: (1) the gender pay gap still remains as high as 21 per cent, being still one of the highest in the European Union (6 percentage points above the European Union average) ; and (2) according to the 2019 Structures of Earnings Survey, when women have the same formal qualifications and otherwise identical qualities as men, the pay gap between women and men is still 6 per cent in 2019, which was considered as an indication of latent discrimination against women in the labour market. The Committee urges the Government to strengthen its efforts to eliminate the gender pay gap, including by addressing the differences in remuneration that may be due to gender discrimination. It further asks the Government to provide: (i) information on the proactive measures implemented to that end, both in the public and private sectors, including by enhancing women’s access to jobs with career prospects and higher pay; (ii) information on any assessment made of the impact of such measures, including of the results of the “Strengthen enterprises, promote pay equality” programme; as well as (iii) statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the German Confederation Trade Union (DGB) of 5 December 2016.

Article 2 of the Convention. Minimum wages. The Committee takes note of the adoption of the Minimum Wage Act, entered into force on 1 January 2015, which introduced a general statutory minimum wage. It notes that workers aged 18 years or younger, trainees in vocational training or interns, as well as long-term unemployed workers in the first six months of employment are excluded from the scope of the new legislation. Collective agreements can fix higher sectoral minimum wages. The Committee notes that while there is no study available yet on whether and how the legislation might influence the gender pay gap, the DGB indicates that a slight narrowing of the gender pay gap was observed as a direct consequence of the new legislation. It notes that the Federal Statistical Agency also considered that it may have reduced the gender pay gap by 1 percentage point. The Committee however notes that, in its 2018 concluding observations, the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) expressed concern that a significant number of workers are reportedly paid below the minimum wage (E/C.12/DEU/CO/6, 12 October 2018, paragraph 36). The Committee therefore requests the Government to provide statistical information on the percentage of women and men who are paid the national minimum wage, as well as on the number of workers who are reportedly paid below the minimum wage. It further requests the Government to indicate how it is ensured that, in defining minimum wages through collective agreements, rates are fixed on objective criteria, free from gender bias, and that female-dominated occupations are not undervalued in comparison with those predominantly undertaken by men. The Committee requests the Government to provide a copy of collective agreements fixing minimum wages.

Articles 2 and 4. Collective agreements and collaboration with social partners. The Committee notes the Government’s indication, in its report, that several initiatives have been developed in collaboration with the social partners in order to identify and reduce the gender pay gap. It notes that, according to the DGB, the “What do women earn? Economic Independence!” project, jointly held with the Government since September 2014, which aims at strengthening the economic autonomy of women, already contributed to reducing the gender pay gap by placing the issue on the agenda of business, trade unions and political actors. Referring to its previous comments concerning equal pay for men and women in rural areas, it notes that as a result of the project launched by the German Association of Agricultural Women and the Government, 14 women have been trained as “equal pay advisers” between 2014 and 2015 to explain to women and men in rural areas topics such as gender-stereotypical career choices, part-time employment and long career breaks; to encourage equitable sharing of family responsibilities; and to provide information on equal pay in cooperation with regional business associations, business chambers and municipalities. The Committee further notes that, as highlighted by the DGB, the “Collective Bargaining and Equal Pay” project has shown that the gender wage gap of workers covered by collective agreements has declined over time and is significantly below those of workers not covered by such agreements. Nevertheless, it notes that there is still an unexplained residual wage gap also for workers covered by a collective agreement. The Committee requests the Government to provide further information on the activities implemented in collaboration with social partners in rural areas, including by equal pay advisers, in order to promote the application of the principle of the Convention and the impact thereof. It also requests the Government to provide information on any follow-up measures taken on the basis of the results of the “Collective Bargaining and Equal Pay” project.

Article 3. Tools for the assessment of the gender pay gap and tools for objective job evaluation. Referring to its previous comments concerning the developments of the Logib-D equal pay assessment online tool which helps employers in identifying gender disparity in their pay structure, the Committee notes the Government’s indication that as a result of the evaluation undertaken in 2013, a new IT-supported model process has been developed to help employers in the implementation of the Transparency in Wage Structures Act. It notes that, as reported by the Government in the framework of the European Social Charter of the Council of Europe, this new “monitor pay transparency” tool is a free online tool offering that will enable workplaces to conduct operational audit procedures under the Act. As a result, the Logib-D website was scheduled to be shut down at the end of 2017 (35th National Report, RAP/Cha/DEU/35(2018), 28 December 2017). The Government adds that this tool also includes modules and approaches from the previously referred “eg-check”, an equal pay checking tool that helps to evaluate the main elements of remuneration, and that the six-step ILO Job Evaluation Tool is also available to help enterprises in that regard. The Committee further notes that the Examination of Job Evaluation Procedures (EVA) list, forwarded by the Government, also allows individual job evaluation procedures to be reviewed for gender neutrality using selected questions. The Government states that the list assesses job evaluations in collective agreements and company agreements and is easily used by social partners engaged in the bargaining process. The Committee requests the Government to provide information on the use and impact of the various assessment tools, including the new “monitor pay transparency” and “eg-check” tools. It further requests the Government to provide information on the use of the EVA list by the social partners engaged in the bargaining process, including the results of relevant studies and reports analysing the impact of the EVA list in practice. The Committee requests the Government to provide information on any other steps taken to develop and implement objective job evaluation methods and the results thereof.

Enforcement. The Committee notes the Government’s indication that, in a 2014 judgment, the Labour Court of Rhineland-Palatinate ruled that the non respect of the right to equal pay is to be considered as a breach of the prohibition of discrimination under the General Equal Treatment Act. It further notes that, as reported by the Government in the framework of the European Social Charter of the Council of Europe, since the start of the Federal Anti-Discrimination Agency (FADA) in 2006, counselling has been provided in a total of 303 cases of alleged gender-based wage discrimination (35th National Report, RAP/Cha/DEU/35(2018), 28 December 2017). It notes that, in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government indicates that an independent commission appointed by the FADA presented recommendations on dealing with gender discrimination, particularly concerning pay discrimination. The Committee however notes that, in its 2017 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned about the limited mandate of the FADA, which, notwithstanding its increased resources, continues to lack sufficient authority to file or support court cases, launch investigations or impose sanctions in response to discrimination claims (CEDAW/C/DEU/CO/7-8, 9 March 2017, paragraph 17). It also notes, that according to the European Foundation for the Improvement of Living and Working Conditions, there is some indication that cases of discrimination are significantly under-reported. The Committee requests the Government to provide information on the recommendations made by the independent commission appointed by the Federal Anti-Discrimination Agency on gender pay discrimination. It further requests the Government to provide information on any cases concerning the application of the principle of the Convention addressed by the Federal Anti-Discrimination Agency, as well as any judicial or administrative decisions concerning equal remuneration for men and women for work of equal value. The Committee requests the Government to indicate any measures taken or envisaged to consider expanding the mandate of the Federal Anti-Discrimination Agency to include the investigation and filing of complaints in court.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the German Confederation of Trade Unions (DGB) of 5 December 2016.

Article 2 of the Convention. Legislation. Wage transparency. The Committee notes with interest the adoption of the Transparency in Wage Structures Act on 30 June 2017, which introduces an individual entitlement for employees in establishments with more than 200 employees to obtain information on the median monthly gross salary of at least six employees of the other gender who perform the same work or work of equal value, as well as on the criteria and procedure used for determining the remuneration. It notes that “equal work” is defined as identical or similar activity, and that “work of equal value” will be deemed to be conducted by women and men if taking into consideration the totality of the factors, such as the type of work, the training requirements and the working conditions, they can be seen as being in a comparable situation. In addition, according to the Act, private sector employers with more than 500 employees shall regularly report about the measures taken to promote gender equality and create equal pay for women and men in their company. Such employers are also encouraged, but not obliged, to use internal company evaluation procedures to assess their remuneration systems as well as the way in which they are applied, on a regular basis, to determine compliance with the equal pay requirements. The Committee also notes that the DGB criticizes the introduction of both thresholds and calls for compulsory internal company evaluation procedures. The Committee requests the Government to provide information on the practical implementation of the Transparency in Wage Structures Act, including data on the level of compliance with the statutory reporting requirement on gender equality and equal pay at the company level, information on sanctions imposed in cases of non-compliance, information on employers’ exercise of their entitlements to information and any follow-up measures taken based on the disclosure of this information, as well as information on any actions taken to address gender wage gaps revealed, and the impact thereof. It also requests the Government to provide information on the number of undertakings of more than 200 employees and of more than 500 employees in the country and on the proportion of the workforce covered by these undertakings.

Assessment of the gender pay gap. The Committee notes the Government’s indication, in its report, that since 2002 the unadjusted wage differentials between men and women has remained virtually unchanged, as it was 21 per cent in 2017. It notes that the gender pay gap was 23 per cent in the private sector, against 9 per cent in the public sector, differentials being still substantially higher in the western part of Germany (23 per cent against 7 per cent in the new Länders). In 2016, pay differentials between women and men were still particularly wide in scientific and technical activities (31 per cent); financial and insurance services (28 per cent); as well as in information and communication (25 per cent) and manufacturing (25 per cent). The Committee notes the Government’s explanation that family-related career breaks have been identified as a particular cause of pay inequality and that, as a result, specific measures have been taken to better balance family responsibilities between men and women, including through the expansion of childcare services, the introduction of new family benefits (e.g. “Family Allowance Plus”), as well as through the implementation of several programmes, in collaboration with social partners, aimed at helping men and women return to work and promoting family-friendly working environments (e.g. “Back to Work Perspective” programme and “Success Factor Family” programme). The Government also indicates that, in order to fight against vertical segregation, a new Act on the Equal Participation of Women and Men in Leadership Positions in the Private and Public Sectors was adopted on 6 March 2015, with the objective of significantly increasing the proportion of women managers by introducing a mandatory 30 per cent gender quota, to be realized by 2016, for supervisory boards of more than 100 companies which are publicly listed and subject to parity co-determination (i.e. employees’ representation on their supervisory board). As of 2018, the proportion of women must be increased to 50 per cent. In addition, about 3,500 medium-sized companies are also required to set, by June 2017, their own targets for increasing the proportion of women on supervisory boards, executive boards and at the top management levels, which is considered by the DGB as being less successful. In accordance with the new legislation, the Federal Act on Gender Equality and the Federal Act on Appointment to Federal Bodies were revised to increase the proportion of women in leadership positions in the public sector. The Committee also notes that, in order to combat horizontal occupational segregation, the Government continued the Girls’ and Boys’ Days, introduced in 2011 to raise awareness on gender-stereotypical career choices, and that a new website was started in 2013 to give boys and girls opportunities to explore gender-related subjects (mytestingground 2.0). The Committee however notes with concern that, as highlighted by the DGB, the gender pay gap is still one of the highest in the European Union, being considerably higher than the average. It notes that, according to the most recent Structures of Earnings Survey, while three-quarters of the unadjusted gender pay gap can be attributed to structural differences, the remaining quarter cannot be explained by the characteristics relevant to the workplace. The Government states that when women have the same formal qualifications and otherwise identical qualities as men, the pay gap is still 7 per cent, which is a clear indication of latent discrimination against women in the labour market. The Committee further notes that the United Nations (UN) Committee on the Elimination of Discrimination Against Women (CEDAW), as well as the UN Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the fact that the prevailing gender pay gap both in the public and private sectors continues to have a negative impact on women’s career development and pension benefits owing to insufficient effective implementation of legislation on the principle of equal pay for work of equal value, as well as at the persistence of horizontal and vertical occupational segregation, the concentration of women in the lower-paying service sectors and precarious employment owing to their traditional role as caregivers for children and the underrepresentation of women in managerial positions in companies (E/C.12/DEU/CO/6, 12 October 2018, paragraph 38 and CEDAW/C/DEU/CO/7-8, 9 March 2017, paragraph 35). While welcoming the measures implemented by the Government to combat vertical and horizontal occupational gender segregation of the labour market as a root cause of pay inequality between men and women, the Committee hopes that the Government will strengthen its efforts to eliminate the substantial gender pay gap which has remained at a high level for more than 15 years, in order to give its full application to the principle of equal remuneration between women and men for work of equal value, enshrined in its national legislation. The Committee requests the Government to continue to provide information on the specific measures implemented to reduce the gender pay gap both in the public and private sectors, and to address its underlying causes, including by combating occupational gender segregation as well as stereotypes regarding the roles of women and men. It also requests the Government to continue to provide statistical information on the distribution of men and women in the different sectors of the economy and occupational levels and their respective levels of earnings.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Assessment of the gender pay gap. The Committee notes the Government’s indication that the unadjusted wage differential between men and women was 22 per cent in 2012. The Committee also notes the statistics provided by the Government indicating that in 2010 the average unadjusted gross hourly wage was highest in self-employed service activities, scientific and technical services (34 per cent) and financial and insurance services (30 per cent). It was also between 25 and 28 per cent in a number of other sectors, including health care and social services and manufacturing. The occupational groups with the highest unadjusted pay gap included management and technicians and non-technical occupations of equal rank (30 per cent), and graduate professionals (28 per cent). The Committee notes further the Government’s indication that it considers that tackling the structural causes of the gender pay gap should be tackled as a matter of priority, including women’s low representation in certain occupations, sectors and at higher levels, as well as those structural causes due to family responsibilities, and the failure of individual and collective negotiations to make a substantial contribution to the undervaluation of work typically done by women. With regard to measures taken to reduce horizontal occupational segregation, the Government has instituted both Girls’ Day and Boys’ Day, during which young women and men are provided with information on employment opportunities in sectors where they are underrepresented. Regarding vertical segregation, the Government has promoted women’s access to senior management positions, and the Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in this regard. In addition it has adopted policies with a view to improving the reconciliation of work and family responsibilities for men and women by promoting paternity leave, providing greater access to childcare facilities, and supporting women’s re-entry into the workplace following career breaks for family reasons. The Government draws attention to its parental benefits policy, which allows parents to care for their children during the first year of life by replacing 65–67 per cent of the stay-at-home parent’s average net income in the year preceding the child’s birth. The Committee notes that the proportion of fathers who claimed parental benefits rose from 3.5 per cent to 27.3 per cent between 2006 and 2011. The Committee requests the Government to continue providing information on measures taken to address the structural causes of the gender pay gap, and the impact of such measures. The Committee also requests the Government to continue to provide up to date statistical data on remuneration levels by sector and occupational group, disaggregated by sex.

Article 2 of the Convention. Public service. The Government indicates that the objectives of non-discrimination and equal pay for men and women have been implemented through the collective agreement for the public service, which includes a litigation agreement that there shall be no wage discrimination. The Government states that the principle of non-discrimination is also being included in the new wage provisions for the public service, which are the subject of ongoing negotiations. The Committee notes the Government’s indication that longer career breaks and reduced working hours tend to have a negative impact on earnings prospects. In this regard, the Government reports that the law amending civil service labour regulations of 2009 provides that pregnancy, maternity and parental leave may not have an adverse effect on hiring and career advancement. The Committee requests the Government to continue to provide information on the steps taken to address the gender pay gap in the public service, and to provide information on the results achieved. Please also provide recent statistical information on the gender pay gap in the public service, and on the distribution of men and women at the various levels of the public service, and the corresponding wages.

Articles 2 and 4. Collective agreements and collaboration with social partners. The Government indicates that there are numerous regulations in collective wage agreements which promote the implementation of the principle of the Convention, including regulations which support the compatibility of work and family, and enable women to increase their working hours in order to overcome pay inequality. The Committee notes that the federal Family Ministry has sponsored a two-year research project run by the University of Erlangen-Nuremberg and the Institute for Employment Research which aims to identify starting points for reducing remaining pay differentials during collective wage agreement negotiations. The Committee also notes that in March 2012, the federal Family Ministry approved 10 regional equal opportunities alliances composed of policy makers and businesses, and that each regional alliance signed a written declaration pledging to ensure that men and women are paid equally for work of equal and equivalent value. The objective is to create structures conducive to equal opportunities and in this way to boost the attractiveness and competiveness of participating businesses and regions. The Government also indicates that following the end of the symposium on equal pay for men and women in rural areas, a project was launched by the German Association of Agricultural Women with the Government, to ensure fair earnings perspectives for rural women. The first phase of the project demonstrated that work-related decisions in rural communities prioritize the needs of the family over the individual, and that the commonly held perception that family care is a woman’s job limits women’s employment prospects and contributes to the wage gap. The Committee notes that the project will also develop curriculum to be used to train equal-pay experts who will advise and support individual women and businesses in rural areas. The Committee requests the Government to provide further information on the activities of the regional alliances related to the principle of the Convention and on the implementation of the project to promote equal pay in rural areas, and the impact thereof. Please also provide information on the results of the research project on reducing pay differentials in the negotiation of collective agreements once available, including information on any follow-up measures taken based on the project’s findings.

Article 3. Tools and objective job evaluation. The Committee notes that the federal Family Ministry has commissioned the establishment of a checklist for collective wage agreements to ensure non-discriminatory work assessments. This checklist will be distributed to the social partners in order for them to verify that the collective wage agreements are non-discriminatory. The Committee also notes that as of May 2013, 130 enterprises had received the Logib-D equal pay assessment tool and were awarded the label “Logib-D tested”, and for 70 other establishments the process was still ongoing. The Committee notes that the free online tool, which calculates the wage gap between men and women adjusted for personal and employment characteristics, allows employers to upload their data and receive a detailed wage analysis within minutes. The Committee also notes that an evaluation of the Logib-D pilot project is currently being prepared. With regard to the equality-of-pay check (“eg-check”) tool, the Government indicates that it is only aware of two businesses which have utilized the tool. The Committee notes further that the Anti-Discrimination Office plans to perform an analysis of wage equality using the eg-check tool, in conjunction with private and public sector employers. The Committee requests the Government to continue to provide information on the use and impact of the various pay assessment tools, and to provide a copy of the checklist for collective wage agreements. Please provide information on the evaluation of the Logib-D pilot project once it is available, including information on follow-up action taken on the basis of the evaluation. The Committee also asks the Government to provide information on any other steps taken to develop and implement objective job evaluation methods and the results thereof.

Parts III and IV of the report form. Enforcement. The Committee requests the Government to provide information on any cases concerning the principle of the Convention addressed by the Anti-Discrimination Office, and any judicial or administrative decisions concerning equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Assessment of the gender pay gap. The Committee previously noted with concern that the gender pay gap (average gross hourly wage) had continued to increase, reaching 23.2 per cent in 2008. The Committee notes that the gender pay gap remained roughly unchanged at 23 per cent in 2010 (Federal Statistics Office). In this regard, a number of studies show three main causes explaining the wage differential: shortage of women in certain professions or sectors and in executive positions; more and longer career breaks, as well as part-time work for family reasons; and the undervaluation of “typically women’s work” in individual and collective working relationships. Furthermore, according to the analysis undertaken by the Federal Statistics Office, as part of the “Earnings disparities between men and women” project, part of the gender pay gap could be explained by differences in personal circumstances and jobs (education and work experience, job level, career choices). However, the study still found a difference of 8.5 per cent in pay that could not be accounted for and, therefore, could be ascribed to sex discrimination. The Committee further notes that, according to the data collected by the Federal Statistics Office, the gender pay gap is significantly higher in the private sector than in the public sector and in the federal public services. The level of wage discrimination against women is higher in female-dominated sectors (education, banking sector). Further, the gender pay gap appears to increase with the job level. Finally, earnings disparities between female and male workers are less pronounced in the eastern part of Germany. The Government indicates that the first Equality Report, drafted by an independent commission and endorsed by the Federal Government on 15 June 2011, focuses on a strategy tackling the causes of pay inequality and proposes comprehensive and sustainable equality policies with a view to reducing gender-related disadvantages resulting from career choices. Noting that, as part of the Europe 2020 Strategy, the Federal Government has committed to narrowing the gender pay gap by 10 per cent by the year 2020, the Committee asks the Government to provide detailed information on the measures, taken or envisaged, to address more effectively the structural causes of the gender pay gap, including occupational segregation, career breaks and childcare availability and the impact of such measures on reducing the gender pay gap. The Committee also asks the Government to continue to provide the most recent statistical data on remuneration levels and information on the nature and extent of wage discrimination in the various economic sectors and occupations, including higher level posts, in the public and private sectors.

Public sector. The Committee notes that the second progress report under the Federal Equality Act, submitted to the Parliament in 2010, includes a survey on pay inequalities in the public sector. According to this report, one of the main causes of the gender pay gap is the undervaluation of jobs predominantly carried out by women and the failure of the social partners to address this issue in collective bargaining. The Committee also notes that the new public service pay scales are currently being negotiated. Further to its previous comments, the Committee asks the Government to indicate the methods used in order to ensure that public sector pay regulations are being established in compliance with the principle of equal remuneration for men and women for work of equal value, and to provide information on any follow-up given to the recommendations made in the abovementioned report.

Collective agreements and collaboration with social partners. The Committee notes that the Government pursues, in cooperation with the social partners, the implementation of a number of programmes and initiatives promoting equal remuneration for men and women for work of equal value, including “Equal Pay Day” and “Women’s wage indicator”, European Union-funded tool which, like the 2007 “Fair P(l)ay guidelines”, offers guidance in the negotiation of individual pay. It also notes the several joint initiatives of the Government and the trade unions aimed at raising awareness on wage disparities between men and women workers (“I’m worth more” and “Women as breadwinners” initiatives). Finally, the Committee also notes that the collective agreement, concluded by Bundesarbeit geberverbands Chemie (BAVC) and Industrie gewerkschaft Bergbau Chemie, Energie (IG BCE) in 2006 in the chemical industry sector and which set up family-friendly measures, such as flexible working hours and childcare support, has provided a framework for over a hundred company-level collective agreements. The Committee asks the Government to continue to provide specific information on the provisions of collective agreements supporting the implementation of the principle of the Convention, as well as on other measures taken to promote, in cooperation with the social partners, the principle of equal remuneration for men and women for work of equal value.

With regard to business associations’ initiatives promoting equal pay for men and women for work of equal value, the Committee takes note of the 2001 Agreement, concluded between the Government and the leading German business associations, to, inter alia, enhance training prospects and work opportunities for women, reconcile work and family life and reduce income disparities between men and women. According to the Fourth Equal Opportunities Audit, conducted in 2011 as part of the Agreement, progress has been achieved in creating and improving equality of opportunity between men and women workers. Nevertheless, the findings revealed the perpetuation of gender-specific patterns in career choices and the persistent undervaluation of work predominantly carried out by women. In this regard, the Committee notes that to complete the Agreement, up to ten regional business networks will be established at local level throughout the country, with a view to better addressing issues relating to the promotion of equal opportunities between men and women workers and to developing a constructive dialogue with employers. Furthermore, two specific programmes aim to reconcile work and private life by creating more flexible, family-conscious working time models (“Family – factor for success” programme) and by avoiding career breaks (2010–12, “Changing business cultures – avoiding career breaks” programme). The Committee asks the Government to provide information on the implementation of the abovementioned initiatives and programmes and their impact on the reduction of the gender pay gap.

The Committee also notes that in 2010, the German Rural Women’s Confederation held, with funding from the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, a symposium offering theoretical and practical views on ways to tackle the urban–rural divide as regards equal pay. Based on the findings of the symposium, recommendations were made to raise the value attributed to careers carried out at home and to examine career choice trends of boys and girls in rural areas. The Committee asks the Government to provide information on any follow-up action taken on the basis of the conclusions of the symposium to promote equal pay for men and women for work of equal value in rural areas.

Tools and objective job evaluation. The Committee notes the 2010–12 “Logib-D” project, initiated by the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth, which offers free consultancy and expertise to 200 selected enterprises to help them analyse their wage structure, identify the factors underlying the gender pay gap in their establishment and, based on the consultant’s report, develop tailored solutions to close the gender pay gap. The Committee further notes the development of “eg-check”, a tool which analyses the pay structure of a company and identifies potential wage discrimination, in light of domestic and European Union legislation. The Committee asks the Government to supply information on the use of these tools and their impact in reducing the gender pay gap. The Committee further asks the Government to provide information on any measures taken to encourage the development and implementation of objective job evaluation methods.

Enforcement. The Government indicates that the Anti-Discrimination Office, which seeks, inter alia, to provide out-of-court advice to individuals, is collecting key findings on pay inequality. The Committee asks the Government to provide information on the findings on pay inequality, any conclusions or recommendations of the Anti-Discrimination Office, and any follow-up thereto. The Committee also asks the Government to continue to supply information on the number, nature and outcome of cases concerning equal remuneration for men and women for work of equal value decided by the competent administrative authorities and the courts.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Assessment of the gender pay gap. The Committee notes with concern that the gender pay gap (average gross hourly earnings) has continued to increase from 23 per cent in 2007 to 23.2 per cent in 2008 (Eurostat). The Committee understands that the Government’s general equal treatment report, expected to be published in 2010, will contain detailed information on the income situation of men and women. The Committee also notes that, following the introduction of the Earnings Statistics Act in 2007, the Federal Statistics Office has been implementing a project to improve its capacity with regard to equal pay data collection and analysis. The Committee asks the Government to provide a copy of the Government’s general equal treatment report, as well as detailed and updated statistical information on the remuneration levels of men and women in the various sectors, occupations, and their levels of education.

The Committee notes that the Government continued its efforts to analyse the causes of the gender pay gap and to seek ways and means to address it. It particularly notes the report Unequal Pay of Women and Men in Germany published in March 2009 which, based on a number of research projects, identifies and weighs the main causes of the gender pay gap, discusses their interrelationship and proposes areas of intervention (individual and collective negotiation of remuneration; job evaluation; addressing horizontal and vertical occupational segregation of the labour market; reducing career breaks; addressing the effects of part-time work; childcare availability). A number of initiatives involve cooperation with the social partners. The Government also indicates that the measures taken to address unequal pay will be brought under a single strategic plan. The Committee asks the Government to continue to provide detailed information on the measures taken to promote equal remuneration for men and women for work of equal value, including information on the related single strategic plan and its implementation.

Collective agreements. In its previous comments, the Committee asked the Government to provide information on whether the efforts to promote equal remuneration for men and women for work of equal value have led to changes in collective agreements. In its report, the Government states that it is not in a position to provide information on whether specific changes to collective agreements are planned. The Government further indicates that the principle of non-discrimination was enshrined in the public service collective agreement which entered into force in 2005 and supplementary agreements thereto, whereas the negotiations on the public service pay scales have not yet been concluded. The Committee trusts that the Government will continue its cooperation with the social partners with regard to the application of the principle of equal remuneration for men and women for work of equal value and to provide the following:

(i)    information on progress made in taking the principle fully into account in the context of collective bargaining;

(ii)   information on the specific methods used in order to ensure that public sector wage scales are being established in compliance with the principle of the Convention; and

(iii)  examples of any collective agreements that have been adopted or amended with a view to promoting and ensuring equal remuneration for men and women for work of equal value.

Objective job evaluation. The Committee notes that the abovementioned report highlights, as one of the causes of the gender pay gap, the undervaluation of jobs predominantly carried out by women as a result of sexist stereotypes with regard to “women’s work”. In this regard, the Committee welcomes the development of “Logib-D”, an equal pay self-assessment tool for enterprises. However, in its report, the Government also indicates that it has not been possible, at this stage, to perform a comprehensive study on the use of objective job evaluation methods. The Committee therefore asks the Government to consider undertaking a study in this area and to provide information on any measures taken to promote actively the development and use of objective job evaluation. Please also provide information on the use of Logib-D and its impact on reducing gender pay differentials.

Enforcement. The Committee asks the Government to provide information on cases decided by the courts regarding the principle of equal remuneration for men and women for work of equal value during the reporting period.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Assessing the gender pay gap. The Committee notes that a new Earnings Statistics Act entered into force on 1 January 2007, which enables more comprehensive data collection on remuneration and hence, as of 2008, more precise information on equality in remuneration will be available. It notes that the Act provides for the collection of data on earnings, structure of earnings and labour costs. The Committee asks the Government to provide information on the Act’s implementation and on the manner in which it is contributing to a better assessment of the extent and evolution of the gender pay gap. It also asks the Government to continue to provide the most recent statistical data on the earnings received by men and women, both in the private and public sectors.

2. Promoting equal pay through collective agreements and workplace practices. The Committee notes that the Government has published in 2007 an updated version of the guidelines for the implementation of the principles of equal remuneration for women and men for equal work and work of equal value (“Fair p(l)ay – Equal pay for women and men”). The Committee welcomes these guidelines which provide an introduction to the issue of equal pay, relevant legal provisions, objective job evaluation, as well as practical recommendations to collective bargaining parties, work councils, and workers and employers. The Committee notes that the Government is encouraging collective bargaining parties to undertake joint initiatives and to promote the systematic analysis and redrafting of collective agreements, and that an analysis of the Federal Employees Collective Agreement to identify potential discrimination is still ongoing. The Committee asks the Government to:

(a)   continue to provide information on the measures taken to promote the application of the principle of equal remuneration for work of equal value, including indications as to the results achieved by such action (e.g. examples of changes made in collective agreements with a view to promoting equal pay or information on the extent that objective job evaluation methods are being used in practice);

(b)   indicate the outcomes of the analysis of the Federal Employees Collective Agreement with regard to potential discrimination and on how the results of the analysis have led to any changes in the collective agreement.

3. Enforcement. The Committee notes the information provided by the Government concerning an equal pay case brought by a works council before the Hamburg Labour Court in 2007, which was the first case brought under the General Equal Treatment Act. The case was settled with an agreement that men and women performing the same work in the same unit of an enterprise cannot be remunerated under different collective agreements. The Committee notes that collecting and publishing court cases on equality is an important aspect of promoting respect for the legislation and to assess compliance. The Committee asks the Government whether any consideration is being given to collecting and publishing systematically information on court decisions concerning equality, including equal remuneration for work of equal value. Please continue to provide information on relevant jurisprudence.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the Government’s indication that its report on the career and income situation of women and men will be integrated into the Government’s equal treatment report to Parliament. It asks the Government to provide a copy of this document with its next report.

2. Assessing the gender pay gap. The Committee thanks the Government for providing detailed statistical information concerning wages in the private and public sector in 2001. The Committee also notes that, according to data published by the Statistisches Bundesamt in March 2006, the gender remuneration gap among full-time employees in trades, commerce and the credit and insurance sector has continued to decrease, but remained at 20 per cent. The Committee asks the Government to continue to provide statistical information on the earnings of men and women, as well as its assessment of the progress made in closing the gender pay gap. Noting that the data provided for the public sector allows for a comparison only between the total average earnings of men and women taken together, and women’s earnings, the Committee asks the Government to provide data that allows for a comparison between the average earnings of women and men in that sector.

3. Promoting equal pay through collective bargaining and workplace practices. The Committee notes the Government’s statement that it was its objective to take all possible measures to contribute to the elimination of pay differentials between women and men. The Government also states that it could only play a supporting role, as it was the task of the collective bargaining partners to develop wage structures that satisfy the principle of equal remuneration for work of equal value. In this regard, the Committee reiterates its previous request to the Government to indicate whether and to what extent wage categories for “light physical tasks” are still being used in collective agreements. The Committee also asks the Government to provide further information on:

(a)   the implementation and impact of the scheme launched in 2002 which provides assistance to employers’ organizations and trade unions, as well as individual employers and human resource managers, in the application of the principle of equal remuneration for work of equal value; and

(b)   the progress made in promoting equal remuneration for men and women for work of equal value in the context of the review of the wage agreement applying to federal public employees.

4. Enforcement. The Committee notes that the Government’s report contains no information on court decisions involving matters relating to the application of the Convention. It therefore asks the Government to provide such information with its next report.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes the Government’s reports on the application of the Convention. It also notes the attached report on the career and income situation of women and men submitted to Parliament in April 2002, which summarizes the findings from research done by a group of experts and sets out the Government’s response with regard to these findings.

2. The Committee notes that in 1997 women overall earned 75.8 per cent of the average income of men. For the western Länderthis ratio was 74.8 per cent (2.8 per cent increase since 1977), for the eastern part of the country 93.9 per cent (1.9 per cent increase since 1977). The group of experts referred to above concluded, inter alia, that women had caught up with men with regard to vocational qualification, which led to their increased participation in employment, but that women are still under-represented in technical professions. In addition, women are still occupying significantly fewer management positions and gender income disparities increase with the level of education. The experts also found that the labour market continues to be segregated, women being concentrated in low-income sectors with few career opportunities.

3. The Committee notes the various measures taken or envisaged by the Government with regard to closing the gender wage gap as outlined in its response to the experts’ report. It particularly notes the plans for stepping up vocational guidance, the efforts to promote women’s opportunities in IT-related employment, and the measures to assist and encourage both men and women to combine work and family responsibilities. The Government is asked to continue to provide information on the implementation of these and other measures to promote equal remuneration as outlined in the report on the career and income situation of women and men and envisaged under the programme Frau und Beruf adopted in 1999.

4. The Committee notes that the abovementioned group of experts also concluded that to some extent existing wage disparities may be caused by discriminatory determination of wages in collective agreements and at the enterprise level, due to the under-rating of jobs in sectors in which women are concentrated. In this regard, the Committee notes the various initiatives undertaken or supported by the Government to promote equal remuneration for men and women for work of equal value, including a project comparing collective agreements in the retail industry in Germany, United Kingdom and Austria with regard to pay rate policies. The Committee also notes that the public sector unions and employers are examining collective agreements with regard to indirect discrimination and that during 2002 this issue will also be discussed when the collective agreement for federal public employees is being updated. The Committee asks the Government to keep it informed of these and other initiatives to promote equal pay through objective appraisal of jobs in accordance with Article 3 of the Convention. With reference to its previous comments, the Committee also asks the Government to indicate whether and to what extent wage categories for "light physical tasks" are still being used in collective agreements.

5. Noting that up-dated statistical information for 2001 will become available in 2003, the Committee invites the Government to submit such information with its next report, indicating the levels of remuneration of men and women in the private and public sectors as outlined in the 1998 general observation on the Convention. Please also provide any court decisions raising matters of principle relating to the application of the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  In its previous comments, the Committee asked the Government to provide information on the measures that had been taken or were envisaged to bring about a more balanced representation of men and women in skilled and unskilled categories of workers in production industries, and to reduce wage gaps. The Committee notes with interest that, on 23 June 1999, the Federal Government adopted a programme entitled "Women and Occupations", with the objective of achieving equality of treatment between men and women workers in private industry and the abolition of all obstacles to the achievement of such equality. In the context of this programme, the Government has commenced an intensive dialogue with the representatives of employers’ and workers’ organizations, political circles and universities, gathered together in a working group of experts composed of both men and women. The mandate of the working group is to develop rules and instruments to promote equality of status between men and women in their professional lives, and to compile examples of enterprises which have succeeded in this respect. One of the points to which the Government attaches great importance, in connection with this working group, is the implementation of the principle of equal remuneration for men and women for work of equal value. The second component of this programme consists of the preparation of a detailed report on equal remuneration and the economic situation of women which the Government intends to submit to Parliament at the end of 2001 and which will include, among other information, the remuneration levels of men and women in the various economic sectors. The report also has the aim of identifying the principal causes, whether direct or indirect, of wage discrimination between men and women, of examining procedures for the evaluation of jobs, bonuses, wage agreements and other relevant issues.

2.  The Committee would be grateful if the Government would keep it informed of the various activities carried out in the context of this programme, and particularly if it would provide copies of the conclusions and recommendations of the expert group, as well as of the report on equal remuneration and the economic situation of women, which it is to submit to Parliament in 2001.

3.  With regard to the maintenance of "wage categories for light physical tasks" in 26 collective agreements (out of a total of 268), the Committee notes that the Government considers that the problem is now minor, taking into account the fact that in practice this classification concerns only a limited number of men (13,000) and women (21,000) and that the wage gap between this category and the one which immediately follows it is low (2 per cent). The Committee also notes that both Parliament and the Government are of the opinion that it is for the social partners to continue the efforts that they have made to refine the criteria used for the evaluation of unskilled jobs, since collective agreements have tended up to now to place emphasis on the physical strength required for this type of job. The Committee hopes that the Government will decide to encourage the social partners to take into account the case law of the Federal Labour Tribunal which is tending to give more weight to tasks that, although physically lighter, cause mental and nervous tension.

4.  Finally, the Committee notes the statistical data on wages provided by the Government in reply to its general observation adopted in 1998, although it regrets that these relate only to the private sector. It notes the Government’s statement that the wage differences between men and women are not all due to discrimination against women and that some can be explained by the low skill level of the women concerned, their occupation of low-skilled jobs, the concentration of each of the sexes in different branches and sectors, differences in seniority, career interruptions due to family responsibilities, the overtime hours worked, early retirement, etc. In this respect, the Committee wishes to draw the Government’s attention to paragraph 100 of its 1986 General Survey on equal remuneration, in which it emphasizes the indivisibility of equality and the fact that many difficulties encountered in applying the principle of equal remuneration for work of equal value are intimately linked to the general status of women and men in employment and society. The Committee considers that the objective of eliminating wage discrimination between the two sexes "cannot be reached in a satisfactory way unless national policy also aims at eliminating discrimination on the basis of sex in respect of access to the various levels of employment".

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report.

1. The Committee notes from the statistics provided that there remains a marked, and only slightly improved, difference between male and female representation in the workforce of the producing industries, especially in the categories of skilled and unskilled work. The figures reflect that, in 1997, 60.1 per cent of males in the workforce were in the skilled work category in the old federal states, as compared with 9.6 per cent of females in the workforce. In contrast, 9.8 per cent of males in the workforce were in the unskilled work category of the old federal states as compared with 47.6 per cent of females in the workforce. The statistics also show that a wage gap between men and women within these different categories continues to exist. In this respect, the Committee requests the Government to provide information on what measures are being taken or contemplated to bring about a more balanced representation of males and females in the skilled and unskilled categories of the producing industries. It also requests information on measures taken to reduce the wage gap, including, for example, measures to improve the skill levels of women, and to ensure that jobs are evaluated on the basis of objective criteria that reflect the types of work women do as well as the types of work men do.

2. With reference to its previous comments concerning the continued inclusion of wage categories for light physical tasks in a number of collective agreements, the Committee notes the Government's indication that the 11th report on the matter was to be submitted to the German Federal Parliament in November 1998. The Committee notes from the Government's report that 26 collective agreements still contain "light wage categories", one less than during the previous period scrutinized, and that, between 1990 and 1995, the number of women in "light wage categories" was reduced by almost half, while the number of men increased by over 60 per cent. The Committee also notes the view, long maintained by the federal Government, that the mere existence of "light wage categories" in certain collective agreements is no indication of whether or not women's work is actually undervalued and that this is demonstrated by the fact that not only women, but to an increasing extent, men are placed in these categories. It also states that, with just a little less than 0.5 per cent of workers of both sexes in the processing industries, only a very small proportion of workers are affected.

3. The Committee recalls that it had previously noted that the most recent jurisprudence of the Federal Labour Court ensures that a higher classification can be obtained for jobs which, while physically lighter, involve mental and nervous strain; and that the category of "physically arduous work", which is better paid, also includes jobs which involve not only muscular but other strain on human beings which can result in physical reactions. Noting the Government's statement that the German Federal Parliament and the federal Government hold the continued view that the parties to collective agreements should continue to endeavour to improve the classification criteria of unskilled activities in their collective agreements, which, almost without exception, are geared to physical strain, the Committee again expresses the hope that the Government will pursue more specific and proactive measures to encourage the social partners to take account of such rulings. It hopes to receive information in this connection in the Government's next report.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its report and attached documents.

1. In its previous observations, the Committee has referred to "light wage groups" (leichtlohngruppen) which originated as explicitly female wage groups. The Committee noted that the wage classifications of women and men in a number of collective agreements tended to be differentiated mainly or solely according to the criterion of "physically light" versus "physically heavy" work, thus perpetuating the former wage differentiation which had been made expressly on the basis of gender. The Committee had noted that the most recent jurisprudence of the Federal Labour Court ensures that a higher classification can be obtained for jobs which, while physically lighter, involve mental and nervous strain; and that "physically arduous work", which is better paid, also includes jobs which involve not only muscular but other strain on human beings which can result in physical reactions. Accordingly, the Committee had asked the Government to provide information on the extent to which measures are being taken, to ensure that job evaluation and classification include criteria which are associated more often with the work performed by women, particularly in respect of those collective agreements where wages are differentiated mainly or only through the application of the criterion of "light" versus "heavy" work.

2. The Committee notes that the tenth report of the federal Government on the nature, scope and outcome of the action taken in respect of Article 119 of the EEC Treaty on Equal Pay for Men and Women (report to Parliament No.13/3120 of 28 November 1995) indicates that the situation has not changed since 1992 when the ninth such report was presented: out of a total of 268 industrial collective agreements scrutinized, 27 still contain "light wage groups". The Committee notes that on average, the remuneration in "light wage groups" is 2.8 per cent less than that paid for physically heavy unskilled work. The Government indicates that the number of persons classified into "light wage groups" (approximately 40,000 women and 8,000 men according to 1990 statistics) constitutes less than 0.6 per cent of the approximately 8.4 million workers employed in the processing industries at that date. According to the Government, these figures indicate that the problem is now of minor practical importance.

3. The Committee notes that, according to the Government, the lack of change in the situation means that further efforts will have to be made by the parties to collective agreements in areas where such agreements still focus almost exclusively upon the degree of physical effort for the purposes of classifying forms of unskilled work. The Government also points out, however, that the mere existence of "light wage groups" in collective agreements provides no indication of whether or not women's work is actually undervalued in individual branches of industry; and that this is supported by the fact that both men and women are to be found in these wage groups, even though the proportion of men is much smaller. The Government does state, none the less, that if collective agreements were also to refer explicitly to sensory and nervous or similar mental strain, more so-called women's jobs would probably be classified in higher wage groups (as these factors are already generally considered to constitute "physically arduous jobs" for the purposes of pay classification criteria following the 1992 ruling of the Federal Labour Court, referred to above). While noting that any rulings of tribunals which are of practical importance are published and subscribed to by the employers' and workers' organizations, the Committee hopes that the Government will pursue specific measures to encourage the social partners to take account of such rulings. It looks forward to receiving information in this connection in the Government's next report.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the information and explanations provided in the Government's report concerning the narrowing of the gap between the average earnings of male and female workers. The Government states that the difference in earnings may be due to various reasons, including lower occupational qualifications, a limited range of occupational choices, employment in low-paid branches, shorter length of service with the enterprise, shorter working time, less overtime, interrupted career due to family responsibilities, fewer promotion opportunities, less shift work and earlier retirement from employment. The Committee asks the Government to supply whatever data may be available which show that any of the suggested reasons do, in fact, explain part of the wage disparity. In this regard, the Committee also notes the statement made by the German Confederation of Trade Unions (DGB) in the Ninth Report of the Federal Government on equal pay (Report to Parliament No. 12/4033) commenting on the phenomenon of indirect wage discrimination. The DGB observes that the elimination of diverse forms of wage discrimination against women is a task for society of such magnitude as to far exceed the scope of the setting of standards through collective agreements. The DGB states that this task will require action in the legislative and political spheres in many areas, such as education, social insurance and family policy, the promotion of women and employment policy, with the aim of affording equal jobs, earnings and life opportunities and the possibility of reconciling work and family responsibilities for women and men. Noting the DGB's proposal that the federal Government prepare a report covering all forms of job discrimination against women, the Committee requests the Government to indicate whether such action might be contemplated, in order to tackle all of the real causes of the wage gap more effectively in future policies and programmes.

2. The Committee requests the Government to indicate the outcome of the discussion of the above-mentioned Ninth Report in the plenary session of the federal Parliament, which had not taken place at the time the Government submitted its report. The Committee also requests the Government to furnish copies of the next report on this subject.

3. The Committee notes with interest that the Federal Labour Court ruled, in October 1991, that section 1(3), No. 2, of the Continued Payment of Wages Act (which bars workers from any claim to the payment of wages during a period of incapacity if the employment relationship does not involve more than ten hours of work per week or 45 hours per month) amounts to indirect discrimination in that it affects considerably more women than men and is not justified by objective factors. The Committee requests the Government to indicate the measures it has taken to amend the Continued Payment of Wages Act to bring it into line with this decision.

4. The Committee also notes with interest that the Federal Labour Court ruled, in September 1992, that where men and women employees perform the same work, and almost one-half of the men but only one-tenth of the women are paid above the standard rate, this constitutes an infringement of section 612(3) of the Federal Civil Code, if the higher remuneration paid to men is not justified by factors unrelated to sex. The Court stated that prima facie evidence, which would shift the burden of proof onto the employer and suggest that a group of workers is adversely affected because of their sex, is present if a considerably higher proportion of one sex than of the other is adversely affected by a provision and if the criteria adopted in the employer's remuneration policy are not transparent. A ruling of December 1992 also involving indirect discrimination against women concerned the case of a woman working 20 hours per week who also had been denied reclassification to a higher grade on the ground that she had not carried out the requisite six-year probationary period, as required by the relevant collective agreement, because of her reduced working hours. The Federal Labour Court ruled that for indirect sex discrimination to exist, it must be shown that the provision in question places one sex at a serious disadvantage, and this is possible only if the proportion of that sex which is placed at a disadvantage is significantly higher than the proportion which is favoured by the provision. According to the Court, it remains undecided whether it is also a criterion of indirect discrimination that the disadvantage suffered by individuals of one sex can only be explained by their sex or gender roles. The Committee requests the Government to continue to furnish copies of decisions relevant to the application of the Convention and to indicate, where appropriate, the steps taken to ensure that any such rulings are brought to the attention of the workers' and employers' organizations.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. In its previous observations, the Committee has referred to "light wage groups" (leichtlohngruppen) which had originated as explicitly female wage groups. The Committee noted that the wage classifications of women and men in a number of collective agreements tended to be differentiated mainly or solely according to the criterion of "physically light" versus "physically heavy" work, thus perpetuating the former wage differentiation expressly by gender. Following the April 1988 decisions of the Federal Labour Court which defined the term "light physical work" as work not devoid of muscle demand but also including other factors, such as the requirement to stand or to maintain certain positions, repetitive work, nervous strain and noise or the pulse rate of work and which concluded that the difficulty inherent in one and the same job should be calculated according to the respective strength of the man or woman performing the job, the Committee also noted the Government's indication that these decisions constituted steps towards the improvement of job classifications and equality of remuneration for women workers.

2. The Committee notes with interest a decision of 29 July 1992 of the Federal Labour Court on this point. In the case, a woman marking prices in the goods receipt department of a retail establishment claimed that, as her work generally required heavy physical effort, she ought to be classified in a higher wage step of the relevant collective agreement, a step reserved for jobs which, as a rule, required some significant degree of physically heavy work. In its decision confirming the reclassification, the Federal Labour Court stated that the characteristics of "heavy physical work" in the collective agreement in question did not refer exclusively to the muscular demand placed on the worker, but rather referred to all factors which placed a demand on the worker and led to physical reactions (such as the posture necessary, time-controlled or repetitive work, nervous or sensory stress, noise and other environmental and social factors). In the view of the Court, the principle of equal wages permits a graduation in wages determined exclusively according to muscular demand only if the overall wage system also includes compensatory factors which are more associated with the female sex.

3. The Committee also notes the information supplied on the latest developments with regard to "light wage groups" in the "Ninth Report of the Federal Government on the kind, scope and outcome of the objections made by it or by the Governments of the Länder concerning the application of Article 119 of the EEC Treaty on equal pay for men and women" (Report to Parliament No. 12/4033 of 21 December 1992). According to this report, the survey of collective agreements has shown that the parties to such agreements need to make further efforts in examining those jobs in which classifications turn, almost exclusively, on physical effort. However, states the report, the mere presence of "light wage groups" in collective agreements does not indicate whether or not the work of women is in fact undervalued in the respective occupational sphere. If, however, collective agreements also take into account sensory and nervous strain or similar mental stresses, many of the so-called "women's jobs" - precisely those which, while "physically light", involve mental or nervous strain - will have to be classified in higher wage groups. In its report, the Government states that the most recent jurisprudence of the Federal Labour Court ensures that a higher classification can be obtained for jobs which, while physically lighter, involve mental and nervous strain; and that following, in particular, the above-mentioned ruling, "physically arduous work", which is better paid, also includes jobs which involve not only muscular but other strain on human beings which can result in physical reactions.

4. In the light of these indications, the Committee requests the Government to provide information on the extent to which measures are being taken, or are envisaged, to ensure that job evaluation and classification include criteria which are associated more often with the work performed by women, particularly in respect of those collective agreements where wages are differentiated mainly or only through the application of the criterion of physically "light" versus "heavy" work. The Committee also requests the Government to indicate the extent to which "physically lighter" jobs have been reclassified into higher wage categories through evaluations that take into account all of the factors which produce physical reactions on workers.

5. The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous comments, the Committee notes the Government's report and attached documentation.

1. The Committee notes that, on 16 May 1990, after discussing the Eighth Report of the federal Government to the federal Diet on the application of the principle of equal remuneration under article 119 of the EEC Treaty, the Labour and Social Affairs Committee of the federal Diet concluded that deficiencies still exist in the application of the principle of equal remuneration and that therefore continued examination of the implementation of this principle is necessary. Noting that the federal Diet has not yet given its final consideration to this matter, the Committee requests the Government to provide a copy of the federal Diet's findings on the application of the principle of equal remuneration for work of equal value in collective agreements.

2. The Committee notes the Government's concern that in the evaluation of work as "physically light" or "physically arduous", only muscle demand and the necessary physical strength are considered, and that this criterion corresponds to the lowest and lowest-paid wage groups in collective agreements. Collective agreements having wage groups for light work also refer to "physically arduous" unskilled work, and some collective agreements subdivide the next higher semi-skilled activities into "physically light" and "physically heavy" work. The Committee also observes that for those agreements which take into account mental strain in the description of job activities not dependent on physical strength, the Government indicates that there is an assumption that the mental strain criterion does not apply to "wage groups for light work", since unskilled female activities in comparison to unskilled male activities could be classified more objectively and impartially. Recalling that the previously mentioned Eighth Report concluded that if wage agreements also took into account mental strain and stress, many female activites - specifically those that require little physical but much mental strain - would have to be reclassified at higher wage levels, the Committee requests the Government to provide information on progress achieved in the reclassification of jobs so as to take account of the criteria of mental strain and stress and to eliminate potentially discriminatory factors.

3. The Committee notes the statistical information provided on the employment of men and women in industry indicating that women still predominate in production groups for unskilled workers and that women's average gross hourly earnings continue to remain lower than those of men even when employed in the same production groups. The Committee also notes from the Government's report that under the regional collective agreements in metal trades concluded in 1991, in all occupational categories wage rates in lower wage groups, and thus those in the existing "wage groups for light work", have partially increased as compared with the medium and higher wage groups, with the effect that the wage differentials between "wage groups for light work" and "wage groups for physically arduous work" has decreased. The Committee would be grateful if the Government would continue supplying information on the employment of women and men in industry, including the metal trades, and on the hourly wage differential between men and women workers, along with information on any measures being taken to reduce this differential.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

In its previous observations, the Committee had referred to wage groups for "light work", which had their origin in former female wage categories. The Committee notes the Government's indication that the Federal Labour Court's decisions (4/AZR 707 and 4/AZR 713/87 of 27 April 1988, already noted by the Committee) defining the term "light physical work" to include not only the criterion of muscle demand but also other factors (such as the requirements of standing or maintaining certain positions, repetitive work, nervous strain and noise or the pulse rate of work) and concluding that the difficulty inherent in one and the same job should be calculated according to the respective strength of the man or woman performing the job, are steps towards the improvement of job classifications and equality in the remuneration of women workers. It also notes that the Government's Eighth Report to the Federal Diet on the application of the principle of equal remuneration, under article 119 of the EEC Treaty, defines "wage groups for light work" as wage groups set out in collective agreements for physically light, unskilled (lower grade) work.

Noting the Government's statement that employers' and workers' organizations are familiar with the 1988 court decisions, but also that 21 collective agreements still contain "wage groups for light work" and that, while the social partners ought to make greater efforts to eliminate such potentially discriminatory categorizations, the Government cannot intervene directly in the contents of freely concluded collective agreements in the private sector, the Committee trusts that the Government will appeal to the social partners, in accordance with Article 4 of the Convention, to take account of the decisions of the Federal Labour Court when renegotiating the 21 collective agreements in question so as to eliminate those remaining "wage groups for light work" which are based exclusively on physical effort. The Committee requests the Government to provide copies of any of these agreements which have been renegotiated and any recent court decisions concerning this issue.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the Government's report and the documentation annexed thereto.

1. Further to its previous comments concerning wage groups for light work in collective agreements, the Committee notes the Eighth Report of the Federal Government to the Federal Diet concerning the application of the principle of equal remuneration under Article 119 of the EEC Treaty. It notes that from 1986 to 1988 there was no further reduction in the number of collective agreements containing wage groups for light work which remains at 21; the definition of the wage groups in these agreements has not been further clarified. The report concludes, however, that if wage agreements also take into account mental strain and stress, many female activities, specifically those that require little physical but much mental strain, need to be reclassified at higher wage levels. Referring to its observation on the application of the Convention, the Committee requests the Government to supply information on any action taken or contemplated to clarify the definition of the wage groups in these 21 agreements, particularly by reference to such criteria as mental strain and stress.

2. According to the above-mentioned Report, the results of the survey on wage agreements show that renewed efforts by the social partners will be essential in those sectors where wage agreements are based uniquely on physical demand and classified accordingly. With a view to assisting the social partners both to examine those wage agreements which still contain references to "light labour wage groups" and to calculate and compare the difficulty inherent in jobs undertaken by women and men, the Committee requests the Government to indicate whether measures have been or will be taken to ensure that workers' and employers' organisations are aware of the decisions of the Federal Labour Court referred to in the observation to provide information on the results of any action in this area.

3. The Committee notes the information supplied concerning the employment of men and women in industry (including structural and civil engineering) which indicates not only that women predominate in production groups for unskilled workers but that the average gross hourly earnings of women remain lower than those of men even when employed in the same production groups. The Committee observes that, in so far as these indications are attributable to the behavioural pattern of women in employment and their lower qualifications, the measures which are being taken to overcome traditional attitudes regarding jobs considered appropriate for men and women (which were noted by the Committee in its previous comments under Convention No. 111) would assist in reducing the wage differential. While recalling the explanations provided by the Government in its previous report concerning the way in which groups of economic activities are established for the purposes of analysis, the Committee would be grateful if the Government would continue to supply information concerning the hourly wage differential between women and men in industry, together with information on any other measures being taken to reduce that differential.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

In its previous comments on the criteria used in job classification, the Committee had referred in particular to wage groups for "light work" (having their origin in former female wage categories).

The Committee notes with interest that the Federal Labour Court has concluded in two recent decisions (4AZR 707 and 4AZR 713/87 of 27 April 1988) that, in defining the term "light physical work", not only the previously accepted criterion of muscle demand should be taken into account, but also all factors that put pressure on workers and result in physical reactions (including standing or maintaining certain positions, repetitive work, nervous strain and noise, or the pulse rate at work). The Court also considered, having taken account of expert opinion on the average male and female physical capacity, that the difficulty inherent in one and the same job should be calculated according to the respective strength of the man or woman doing the job.

The Committee requests the Government to continue to provide information on developments in the application of the principle of the Convention, including any relevant court decisions.