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Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Germany (RATIFICATION: 1954)

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CMNT_TITLE

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions concerning minimum wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 together.

The Committee notes the observations of the German Confederation of Trade Unions (DGB) received in 2016 on the application of Convention No. 26.

Minimum wage-fixing machinery. The Committee takes note with interest of the adoption on 11 August 2014 of the Minimum Wage Act (the Act) that establishes a national minimum wage of general application and a machinery for its periodic adjustment. This machinery includes a standing Minimum Wage Commission.

Articles 1 and 2 of Convention No. 26 and Article 1 of Convention No. 99. Categories of workers excluded from the Act. The Committee notes that, in its observations, the DGB considers that the fact that the minimum wage established under the Act does not cover workers under the age of 18 years old who have not completed a vocational training and workers who were previously in a situation of long-term unemployment raises issues of conformity with the Convention. The Committee takes note of the Government’s indication in its report that these exceptions aim at securing the integration of the workers concerned into the labour market and at promoting the completion of vocational training education. Moreover, the Committee notes that in the case of workers who were previously in a situation of long-term unemployment the exclusion from the protection of the minimum wage only concerns the first six months of their employment, in accordance with section 22(4) of the Act.

Article 4 of Conventions Nos 26 and 99. Adequate system of supervision and inspection. The Committee notes that in its observations the DGB indicates that despite the recent introduction of the statutory minimum wage, the staff of the Tax Enforcement Unit for Undeclared Work (FKS) of the Customs Authority, which is responsible for controlling compliance with the Act, was barely raised. The DGB also indicates that the number of inspections concerning minimum wages is insufficient, especially in economic sectors at risk and in smaller companies. The Committee notes the Government’s information that FKS inspections are risk-based, and are also carried out on the basis of anonymous complaints, and that every inspection has included a minimum wage review under the Act. The Committee requests the Government to provide further information on the manner in which it ensures the enforcement of the Act, including the number of inspection staff, the number of inspections undertaken for this purpose and the sectors concerned.

CMNT_TITLE

Article 5 of the Convention and Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the evolution of the collectively agreed minimum wage rates for the agricultural sector in Western and Eastern Germany. The Committee requests the Government to continue providing up-to-date information concerning the practical application of the Convention, including labour inspection results, copies of official reports and studies, and any other relevant data. The Committee also requests the Government to refer to the comments made under Articles 1 and 3 of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26).

CMNT_TITLE

The Committee notes with interest the information provided by the Government concerning the evolution of minimum wage rates in the agricultural sector as determined by nationwide collective agreements. It would be grateful if the Government would continue sending up to date information concerning the practical application of the Convention, including available statistics on the number of workers covered by those agreements, copies of collective agreements or wage agreements fixing minimum rates of pay and other wage conditions, extracts from labour inspection reports showing the number and nature of any wage-related infringements observed and the sanctions imposed, copies of official documents and studies addressing pay issues in the agricultural sector or other aspects of particular concern, such as seasonal employment in agriculture, etc.

CMNT_TITLE

The Committee notes with interest the report provided by the Government and particularly the statistics on the fluctuations between 1993 and 2002 of the minimum wages set by collective agreement. It requests the Government to continue providing in future all information relating to compliance with the provisions of the Convention both in law and practice, in accordance with Article 5 of the Convention and Part V of the report form.

CMNT_TITLE

See under Convention No. 26, as follows:

The Committee notes the information provided in the Government's report in reply to its previous comments. It notes the Government's indication that, since the application of the Law on Home Work (HAG) in the new federal Länder, the principals and homeworkers concerned are also involved, as far as possible in the wage-fixing mechanism.

The Committee requests the Government to continue to supply, in accordance with Article 5 of the Convention and point V of the report form, general information on the application of the Convention in practice.