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TITLE: GERMANY HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
In 1994 some firms in eastern Germany refused to join employer
associations, or withdrew from them, and then bargained
independently with workers. Likewise, some large firms in the
west withdrew at least part of their work force from the
jurisdiction of employer associations, complaining of
rigidities in the centralized negotiating system. The law
mandates a system of works councils and worker membership on
supervisory boards, and thus workers participate in the
management of the enterprises in which they work. The law
thoroughly protects workers against antiunion discrimination.
Germany has no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Basic Law prohibits forced or compulsory labor, and there
were no known violations.
d. Minimum Age for Employment of Children
Federal law generally prohibits employment of children under
age 15, with a few exceptions: those aged 13 or 14 may do farm
work for up to 3 hours per day, or may deliver newspapers for
up to 2 hours per day; those aged 3 to 14 may take part in
cultural performances, albeit under stringent curbs on the
kinds of activity, number of hours, and time of day. The
Federal Labor Ministry effectively enforces the law through its
Factory Inspection Bureau.
e. Acceptable Conditions of Work
There is no legislated or administratively determined minimum
wage. Wages and salaries are set either by collective
bargaining agreements between industrial unions and employer
federations or by individual contracts. Covering about 90
percent of all wage- and salary-earners, these agreements set
minimum pay rates and are legally enforceable. These minimums
provide an adequate standard of living for workers and their
families. The number of hours of work per week is regulated by
contracts that directly or indirectly affect 80 percent of the
working population. The average workweek for industrial
workers is 36.9 hours in western Germany and about 40 hours in
the eastern states.
An extensive set of laws and regulations on occupational safety
and health incorporates a growing body of European Union
standards. These provide for the right to refuse to perform
dangerous or unhealthy work without jeopardizing employment. A
comprehensive system of worker-insurance carriers enforces
safety requirements in the workplace. This system now applies
in the eastern states, where lax standards and conditions under
the Communist regime created serious problems. The Labor
Ministry and its counterparts in the states effectively enforce
occupational safety and health standards through a network of
government organs, including the Federal Institute for Work
Safety. At the local level, professional and trade
associations--self-governing public corporations with delegates
both from the employers and from the unions--oversee worker
safety.
safety.