Germany is a constitutional democracy. Citizens choose their representatives periodically in free and fair multiparty elections. The lower chamber of the federal parliament (Bundestag) elects the chancellor as head of the federal government. The second legislative chamber, the Federal Council (Bundesrat), represents the 16 states at the federal level and is composed of members of the state governments. The country’s 16 states exercise considerable autonomy, including over law enforcement and education. Observers considered the national elections for the Bundestag in 2017 to have been free and fair, as were state elections in 2018 and 2019.
Responsibility for internal and border security is shared by the police forces of the 16 states, the Federal Criminal Police Office (BKA), and the federal police. The states’ police forces report to their respective interior ministries; the federal police forces report to the Federal Ministry of the Interior. The Federal Office for the Protection of the Constitution (FOPC) and the state offices for the protection of the constitution (OPCs) are responsible for gathering intelligence on threats to domestic order and other security functions. The FOPC reports to the Federal Ministry of the Interior, and the state OPCs report to their respective ministries of the interior. Civilian authorities maintained effective control over security forces.
Significant human rights issues included refoulement of those with pending asylum applications; crimes involving violence motivated by anti-Semitism or other forms of extremism, and violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons or members of other minority groups.
The government took steps to investigate, prosecute, and punish officials in the security services and elsewhere in government who committed human rights abuses.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
Freedom of Expression: While the government generally respected these rights, it imposed limits on groups it deemed extremist. The government arrested, tried, convicted, and imprisoned a number of individuals for speech that incited racial hatred, endorsed Nazism, or denied the Holocaust (see also section 6, Anti-Semitism).
In May, Facebook announced it had removed 2.19 billion “fake profiles” between January and March, including some that promoted the AfD, after the NGO Avaaz identified them as sources of targeted misinformation. Saarland AfD politician Laleh Hadjimohamadvali claimed her posts had been deleted or blocked in the past, which deprived her of her freedom of expression.
Lower Saxony’s government approved a law in March that makes it illegal for judges and state prosecutors to wear religious symbols openly during public trials. This includes (Muslim) headscarves, (Christian) crosses, and (Jewish) kippas. Similar laws already existed in Baden-Wuerttemberg, Bavaria, Berlin, and Bremen, while Hesse and Thuringia imposed more vague limits on religious attire for judges and state prosecutors.
Georg Restle, the host of the left-leaning political TV program “Monitor” on Westdeutscher Rundfunk (WDR), received a death threat by mail after he made critical comments about the AfD on July 11. WDR has filed charges against the unknown perpetrator, and 44 WDR journalists expressed solidarity with Restle in an ad in the local newspaper Koelner Stadt-Anzeiger. After the threat, Restle requested stronger protection for freedom of speech and press. The threatening letter appeared to have the same author as similar letters sent to Cologne Mayor Reker and to Altena Mayor Hollstein. The Federal Prosecutor assumed that an individual with a right-wing extremist background was responsible. Cologne police were investigating.
Press and Media, including Online Media: The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. The law bans Nazi propaganda, Holocaust denial, and fomenting racial hatred.
Violence and Harassment: On May 1, during a demonstration of the far-right Pro Chemnitz movement in the city of Chemnitz, a journalist from the local daily Freie Presse was threatened by protesters. Instead of defending the journalist’s right to cover the demonstration, police forced him to delete his pictures and afterwards expelled him from the demonstration site. Later, police released a statement saying it was a “misunderstanding.” Pro Chemnitz is a right-wing organization which the Saxony Office for the Protection of the Constitution monitors to evaluate whether it should be banned.
In August 2018 representatives of the anti-Islam Patriotic Europeans against the Islamization of the Occident movement and the AfD party protested Chancellor Merkel’s visit to Dresden. A demonstrator (an off-duty police employee) claimed privacy laws prohibited a ZDF camera team from filming him, and he filed a complaint with police on the spot. Police held the camera team for 45 minutes, reportedly to verify their identities. Chancellor Merkel issued a statement in support of press freedom and noted that demonstrators should expect they may be filmed. The Dresden Police Commissioner apologized to the journalists, and the police employee was transferred to the state directorate in September 2018. In June the employee sued ZDF for violating media law and his personal rights. The case was ongoing as of November.
b. Freedoms of Peaceful Assembly and Association
While the constitution provides for the freedoms of peaceful assembly and association, the government restricted these freedoms in some instances.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
d. Freedom of Movement
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation; the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.
In 2016 the federal government issued a law requiring refugees with recognized asylum status who received social benefits to live within the state that handled their asylum request for a period of three years, and several states implemented the residence rule. States themselves can add other residence restrictions, such as assigning a refugee to a specific city. Local authorities who supported the rule stated that it facilitated integration and enabled authorities to plan for increased infrastructure needs, such as schools.
f. Protection of Refugees
Abuse of Migrants, Refugees, and Stateless Persons: On August 21, the law addressing deportation, known as “better implementing the obligation to leave the country,” entered into force. In an open letter, 22 NGOs, including lawyers’ and judges’ associations and child rights, welfare, and human rights organizations, called on the Bundestag to reject the law, which they criticized for its focus on ostracizing migrants and for its alleged violation of human rights. Under the law, all asylum seekers will have to remain in initial reception facilities until the end of their asylum procedure, up to 18 months. Until passage of the new law, this only applied to those from “safe countries of origin.” Rejected asylum seekers who do not cooperate sufficiently in obtaining travel documents can be obliged to stay in the institutions for longer than 18 months. Authorities are now able to arrest persons who are obliged to leave the country without a court order. Persons obliged to leave the country who do not attend an embassy appointment to establish their identity can be placed in detention for 14 days. The law indicates that persons detained under “deportation detention”–including families and children–will be held in regular prisons. NGOs such as Pro Asyl, Amnesty International, and the Jesuit Refugee Service criticized this as contradicting “the clear case law of the European Court of Justice,” which calls for a strict separation of deportation detention and imprisonment. Refugees deemed to be flight risks can be taken into preventive detention. Officials who pass on information about a planned deportation are liable to prosecution. Legal scholars stress the regulations are legally problematic, as both the German constitution and the EU Return Directive pose high hurdles for deportation detention. The law also provides for the withdrawal of all social benefits from those recognized as asylum seekers in other EU states after two weeks. Of the 16 federal states, 11 announced they would not implement the law.
Assaults on refugees, asylum seekers, and migrants continued, as did attacks on government-provided asylum homes. On April 14, a video appeared online showing four security guards beating an asylum seeker in Halberstadt, Saxony-Anhalt. Saxony-Anhalt’s Interior Ministry suspended the four security guards and ordered an investigation of the incident. The investigation was ongoing as of November.
In May the Council of Europe’s Committee for the Prevention of Torture (CPT) criticized the country’s deportation practices for rejected asylum seekers, including the practice of not informing detainees of their exact deportation date. In its report the CPT also called on the country’s government to refrain when deporting migrants from “disproportionate and inappropriate” use of force, such as methods that cause suffocation or severe pain. On a deportation flight in August 2018 the CPT’s experts had witnessed a police officer pressing his arm against a deportee’s neck, which restricted his ability to breathe. Another police officer repeatedly squeezed the genitals of the same man, who was tied with tape. The CPT also specifically condemned methods in the Eichstaett, Bavaria, detention center, where security guards were not specially trained and detainees lived in prison-like conditions that included limited access to multipurpose rooms, lack of access to their own clothing, and no ability to speak directly to a doctor. In response, the Federal Ministry of Justice rejected accusations that a direct visit to the doctor was not possible. It further asserted detainees usually did not have enough clothing to change regularly and needed to supplement this with clothing from the detention center when their own clothing was being washed.
Refoulement: In 2018 the government lifted its deportation ban for Afghanistan, and approximately 200 refugees were deported to that country during the first six months of the year. Previous federal policy permitted deportations only of convicted criminals and those deemed a security risk. NGOs including Amnesty International criticized the policy as a breach of the principle of refoulement.
Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The country faced the task of integrating approximately 1.3 million asylum seekers, refugees, and migrants who arrived between 2015 and 2017, as well as an additional 305,943 who requested asylum in 2018 and during the first six months of the year. The heavy influx of asylum seekers, refugees, and migrants taxed the country’s infrastructure and resources.
The NGO Pro Asyl criticized the “airport procedure” for asylum seekers who arrive at the country’s airports. Authorities stated the airport procedure was used only in less complex cases and that more complex asylum cases were referred for processing through regular Federal Office for Migration and Refugees (BAMF) channels. Authorities maintained that only persons coming from countries the government identified as “safe” (see below) and those without valid identification documents could be considered via the “fast track procedure.” The “fast track procedure” enabled BAMF to decide on asylum applications within a two-day period, during which asylum applicants were detained at the airport. If authorities denied the application, the applicant had the right to appeal. Appeals were processed within two weeks, during which the applicant was detained at the airport. If the appeal was denied, authorities deported the applicant. The NGO Fluechtlingsrat Berlin criticized a similar “fast track” or “direct” procedure applied to some asylum seekers in Berlin. The organization claimed asylum applicants were not provided with sufficient time and access to legal counsel.
In April 2018 BAMF suspended the head of its Bremen branch amid allegations that the official improperly approved up to 2,000 asylum applications. In April, however, a BAMF review concluded that just 50 Bremen asylum decisions (0.9 percent) should be subject to legal review–a proportion below the national average of 1.2 percent.
A Hamburg lawyer and former Green party state parliamentarian confirmed in February that he was representing four German families with seven children aged two to 14 who were calling on the German Ministry of Foreign Affairs for repatriation from Syria and Iraq, where they had joined the Islamic State. In April the government allowed one of the mothers to return from Iraq to Germany with her three children; the mother was promptly arrested. In November an appeals court in Berlin ruled the German government must repatriate from Syria the German wife and three children of an Islamic State member. Their lawyer said he hoped the decision would set a precedent for the 20 other German mothers and 40 children he represented.
Safe Country of Origin/Transit: The country adheres to the EU’s Dublin III regulation, which permits authorities to turn back or deport individuals who entered the country through “safe countries of transit,” which include the EU member states, and Switzerland, Norway, Iceland, and Liechtenstein. “Safe countries of origin” also include Albania, Bosnia and Herzegovina, Ghana, Kosovo, North Macedonia, Montenegro, Senegal, and Serbia. The government did not return asylum seekers to Syria. The NGO Pro Asyl pointed out that refugees who under the Dublin III regulation fell into another EU state’s responsibility but could not be returned to that country often remained in a legal gray zone. They were not allowed to work or participate in integration measures, including German language classes.
Employment: Persons with recognized asylum status were able to access the labor market without restriction; asylum seekers whose applications were pending were generally not allowed to work during their first three months after applying for asylum. According to the Federal Employment Agency, approximately 200,000 refugees were unemployed as of July. Refugees and asylum seekers faced several hurdles in obtaining employment, including lengthy review times for previous qualifications, lack of official certificates and degrees, and limited German language skills.
The law excludes some asylum seekers from access to certain refugee integration measures, such as language courses and employment opportunities. This applies to asylum seekers from countries considered “safe countries of origin” and unsuccessful asylum seekers who cannot be returned to the country through which they first entered the area covered by the Dublin III regulation. The government did not permit asylum seekers and persons with a protected status from safe countries of origin to work if they applied for asylum after 2015.
Access to Basic Services: State officials retain decision-making authority on how to house asylum seekers, refugees, and migrants, and whether to provide allowances or other benefits.
Several states provided medical insurance cards for asylum seekers. The insurance cards allow asylum seekers to visit any doctor of their choice without prior approval by authorities. In other states asylum seekers received a card only after 15 months, and community authorities had to grant permits to asylum seekers before they could consult a doctor. The welfare organization Diakonie criticized the medical insurance card system, which only enabled asylum seekers to obtain emergency treatment. Local communities and private groups sometimes provided supplemental health care.
Durable Solutions: The government accepted for resettlement and facilitated the local integration (including naturalization) of refugees who had fled their countries of origin, particularly for refugees belonging to vulnerable groups. Such groups included women with children, refugees with disabilities, victims of trafficking in persons, and victims of torture or rape. Authorities granted residence permits to long-term migrants, asylum seekers, refugees, and migrants who could not return to their countries of origin.
The government assisted asylum seekers, refugees, and migrants with the safe and voluntary return to their countries. In the first half of the year, authorities provided financial assistance of 300 to 500 euros ($330 to $550) to 6,786 individuals to facilitate voluntary returns to their country of origin. Beneficiaries were either rejected asylum seekers or foreigners without valid identification.
The government also offered a return bonus of 800 to 1,200 euros ($880 to $1,320) per person to asylum seekers whose applications were pending but who were unlikely to have their applications approved. Most of the applicants who received this bonus came from Albania, Serbia, North Macedonia, and Iraq.
Temporary Protection: The government provides two forms of temporary protection–subsidiary and humanitarian–for individuals who do not qualify as refugees. In the first six months of the year, the government extended subsidiary protection to 11,855 persons. This status is usually granted if a person does not qualify for refugee or asylum status but might face severe danger in his or her country of origin due to war or conflict. During the same period, 3,872 individuals were granted humanitarian protection. Humanitarian protection is granted if a person does not qualify for any form of protected status, but there are other humanitarian reasons the person cannot return to his or her country of origin (for example, unavailability of medical treatment in their country of origin for a health condition). Both forms of temporary protection are granted for one year and may be extended. After five years, a person under subsidiary or humanitarian protection can apply for an unlimited residency status if he or she earns enough money to be independent of public assistance and has a good command of German.
Section 3. Freedom to Participate in the Political Process
The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were isolated reports of government corruption during the year.
Corruption: In a June report, the Council of Europe’s Group of States against Corruption (GRECO) assessed the country as “globally unsatisfactory” and accused the Bundestag of not implementing its recommendations on the prevention of bribery of members of parliament. Of the eight recommendations GRECO made in 2014, the government had only implemented three of them satisfactorily. Among other things, GRECO faulted the Bundestag for its unclear rules with regard to dealings with lobbyists and for overly lax reporting obligations of parliamentarians, including existing or potential conflicts of interest.
Research by multiple media outlets in April examined Russia’s attempts to influence German politics, in particular through the AfD. They uncovered Russian documents from 2017 recommending that Russia provide concrete assistance to AfD candidate Markus Frohnmaier, as his victory would provide Russia with “its own absolutely controlled MP in the Bundestag.” Frohnmaier entered the Bundestag in 2017 and has taken consistently pro-Russia positions.
In March, Transparency Germany, Transparency International’s national chapter, filed a criminal complaint against Bundestag member Karin Strenz and former Bundestag member Eduard Lintner over an alleged bribery case orchestrated by the Azerbaijani government. Beginning in the early 2000s, the Azerbaijanis operated a money laundering scheme to, among other things, bribe politicians at the Council of Europe to soften human rights resolutions and election observation reports. Following an investigation, the Council of Europe banned both Strenz and Lintner for life from the Council of Europe in June 2018. In January the Bundestag presidium announced Strenz had violated the Bundestag’s rules of conduct.
Financial Disclosure: Members of state and federal parliaments are subject to financial disclosure laws that require them to publish their earnings from outside employment. Sanctions for noncompliance range from an administrative fine to as much as half of a parliamentarian’s annual salary. Appointed officials are subject to the public disclosure rules for civil servants, who must disclose outside activities and earnings. If the remuneration exceeds certain limits, which vary by grade, the employee must transfer the excess to the employing agency. Under the federal disciplinary law, sanctions for noncomplying officials include financial penalties, reprimand, or dismissal. In the corruption case involving Strenz, the Bundestag fined her more than 19,000 euros ($20,900) in March for the late disclosure of her payments from a company that passed along the money from Azerbaijan.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights
A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.
Government Human Rights Bodies: A number of government bodies worked independently and effectively to protect human rights. The Bundestag has a Committee for Human Rights and Humanitarian Aid and one for Petitions. The Petitions Committee fields complaints from the public, including human rights concerns. The German Institute for Human Rights has responsibility for monitoring the country’s implementation of its international human rights commitments, including treaties and conventions. The Federal Anti-Discrimination Agency (FADA) is a semi-independent body that studies discrimination and assists victims of discrimination. The Office of the Federal Commissioner for Persons with Disabilities has specific responsibility for protecting the rights of persons with disabilities. The Justice Ministry’s commissioner for human rights oversees implementation of court rulings related to human rights protections.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The constitution, federal legislation, and government regulations provide for the right of employees to form and join independent unions, bargain collectively, and conduct legal strikes. Wildcat strikes are not allowed. The law prohibits antiunion discrimination and offers legal remedies to claim damages, including the reinstatement of unlawfully dismissed workers.
Some laws and regulations limit these labor rights. While civil servants are free to form or join unions, their wages and working conditions are determined by legislation, not by collective bargaining. All civil servants (including some teachers, postal workers, railroad employees, and police) and members of the armed forces are prohibited from striking.
Employers are generally free to decide whether to be a party to a collective bargaining agreement. Even if they decide not to be a party, companies must apply the provisions of a collective agreement if the Federal Ministry of Labor and Social Affairs declares a collective bargaining agreement generally binding for the whole sector. Employers not legally bound by collective bargaining agreements often used them to determine part or all of their employees’ employment conditions. Employers may contest in court a strike’s proportionality and a trade union’s right to take strike actions. The law does not establish clear criteria on strikes, and courts often rely on case law and precedent.
The government enforced applicable laws effectively. Actions and measures by employers to limit or violate freedom of association and the right to collective bargaining are considered unlawful and lead to fines. Penalties were adequate and remediation efforts were sufficient.
Laws regulate cooperation between management and work councils (companies’ elected employee representation), including the right of the workers to be involved in management decisions that could affect them. Work councils are independent from labor unions but often have close ties to the sector’s labor movement. The penalty for employers who interfere in work councils’ elections and operations is up to one year in prison or a fine. Findings from 2018 showed that a significant number of employers interfered with the election of work council members or tried to deter employees from organizing new work councils. This practice has been criticized by labor unions for a long time; they call for stronger legislation that shields employees seeking to exercise their rights under the law.
b. Prohibition of Forced or Compulsory Labor
The constitution and federal law prohibit all forms of forced or compulsory labor. Penalties for forced labor range from six months to 10 years in prison and were generally sufficient to deter violations.
The government effectively enforced the law when they found violations, but NGOs questioned the adequacy of resources to investigate and prosecute the crime. Some traffickers received light or suspended sentences, consistent with the country’s sentencing practices for most types of crime.
There were reports of forced labor involving adults, mainly in the construction and food service industries. There were also reported cases in domestic households and industrial plants. In 2018 police completed 21 labor-trafficking investigations that identified 63 victims, mostly from Ukraine (27), Vietnam (9), and Hungary (8).
In August the Federal Customs Office and federal police conducted a raid on more than 100 sites against a construction company in Berlin on suspicion of illegal employment and human trafficking for labor exploitation. Law enforcement officers cooperated closely with a labor protection NGO to provide immediate support and counseling to the victims (approximately 160 Serbian nationals who worked as construction workers).
In August, 800 federal police officers conducted raids in the states of Thuringia and Saxony-Anhalt on the suspicion of human trafficking and labor exploitation of workers from Eastern Europe. Police arrested two Ukrainian nationals who allegedly paid very low wages to the mostly illegal workers from Ukraine, Moldova, and North Macedonia working in cattle breeding and meat-processing plants.
In September police officers in Berlin, Brandenburg, Saxony, Mecklenburg-West Pomerania, and North Rhine-Westphalia raided 33 sites in connection with human trafficking. They detained nine Vietnamese citizens who allegedly arranged fake marriages and false acknowledgements of paternity to obtain residence or working rights for Vietnamese citizens in Germany.
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
c. Prohibition of Child Labor and Minimum Age for Employment
The law prohibits the worst forms of child labor and provides for a minimum age of employment, including limitations on working hours and occupational safety and health restrictions for children. The law prohibits the employment of children younger than 15 with a few exceptions: Children who are 13 or 14 may perform work on a family-run farm for up to three hours per day or perform services such as delivering magazines and leaflets, babysitting, and dog walking for up to two hours per day, if authorized by their custodial parent. Children under 15 may not work during school hours, before 8 a.m., or after 6 p.m.; or on Saturdays, Sundays, or public holidays. The type of work must not pose any risk to the security, health, or development of the child and must not prevent the child from obtaining schooling and training. Children are not allowed to work with hazardous materials, carry or handle items weighing more than 22 pounds, perform work requiring an unsuitable posture, or engage in work that exposes them to the risk of an accident. Children between the ages of three and 14 may take part in cultural performances, but there are strict limits on the kind of activity, number of hours, and time of day.
The government effectively enforced the applicable laws, and penalties were generally sufficient to deter violations. Isolated cases of child labor occurred in small, family-owned businesses, such as cafes, restaurants, family farms, and grocery stores. Inspections by the regional inspection agencies and the resources and remediation available to them were adequate to ensure broad compliance.
d. Discrimination with Respect to Employment and Occupation
The law prohibits discrimination in all areas of occupation and employment, from recruitment, self-employment, and promotion to career advancement. Although origin and citizenship are not explicitly listed as grounds of discrimination in the law, victims of such discrimination have other means to assert legal claims. The law obliges employers to protect employees from discrimination at work.
The government effectively enforced these laws and regulations during the year. Employees who believe they are victims of discrimination have a right to file an official complaint and to have the complaint heard. If an employer fails to protect the employee effectively, employees may remove themselves from places and situations of discrimination without losing employment or pay. In cases of violations of the law, victims of discrimination are entitled to injunctions, removal, and material or nonmaterial damages set by court decision. Penalties were sufficient to deter violations.
FADA highlighted that applicants of foreign descent and with foreign names faced discrimination even when they had similar or better qualifications than others. FADA stated the majority of complaints concerned the private sector, where barriers for persons with disabilities also persisted.
The law provides for equal pay for equal work. In March the Federal Statistical Office found the gross hourly wages of women in 2017 were on average 21 percent lower than those of men. It blamed pay differences in the sectors and occupations in which women and men were employed, as well as unequal requirements for leadership experience and other qualifications as the principal reasons for the pay gap. Women were underrepresented in highly paid managerial positions and overrepresented in some lower-wage occupations (see section 7.d.). FADA reported women were also at a disadvantage regarding promotions, often due to career interruptions for child rearing.
In December 2018, two teachers filed an action with the Essen administrative court to achieve equal pay for all teachers with civil service status. Under current law, elementary school teachers earn 500 euros ($550) gross less each month than secondary school teachers, even though the educational requirements for the positions have been identical since 2009. The case was pending as of November.
The law imposes a gender quota of 30 percent for supervisory boards of certain publicly traded corporations. It also requires approximately 3,500 companies to set and publish self-determined targets for increasing the share of women in leading positions (executive boards and management) and to report on their performance. Consequently, the share of women on the supervisory boards of those companies bound by the law increased from approximately 20 percent in 2015 to more than 30 percent in 2018. The representation of women on management boards in the top 200 companies stood at 9 percent.
There were reports of employment discrimination against persons with disabilities. The unemployment rate among persons with disabilities decreased to 11.4 percent in 2017, remaining considerably higher than that of the general population (on average 5.7 percent for 2017). Employers with 20 or more employees must hire persons with more significant disabilities to fill at least 5 percent of all positions; companies with 20 to 40 employees must fill one position with a person with disabilities, and companies with 40 to 60 employees must fill two positions. Each year companies file a mandatory form with the employment office verifying whether they meet the quota for employing persons with disabilities. Companies that fail to meet these quotas pay a monthly fine for each required position not filled by a person with disabilities. In 2017 more than 123,000 employers did not employ enough persons with disabilities and paid fines.
The law provides for equal treatment of foreign workers, although foreign workers faced some wage discrimination. For example, employers, particularly in the construction sector, sometimes paid lower wages to seasonal workers from Eastern Europe.
e. Acceptable Conditions of Work
The nationwide statutory minimum wage is below the internationally defined “at-risk-of poverty threshold,” which is two-thirds of the national median wage. The minimum wage does not apply to persons under 18, long-term unemployed persons during their first six months in a new job, or apprentices undergoing vocational training, regardless of age. A number of sectors set their own higher minimum wages through collective bargaining.
The government effectively enforced the laws and monitored compliance with the statutory and sector-wide minimum wages and hours of work through the Customs Office’s Financial Control Illicit Work Unit, which conducted checks on 53,000 companies in 2018. The number of investigations for noncompliance with the statutory minimum wage under the Minimum Wage Act rose 10 percent to 2,744. Employees may sue companies if employers fail to comply with the Minimum Wage Act, and courts may sentence employers who violate the provisions to pay a substantial fine.
Federal regulations set the standard workday at eight hours, with a maximum of 10 hours, and limit the average workweek to 48 hours. For the 78 percent of employees who are directly or indirectly affected by collective bargaining agreements, the average agreed working week under current agreements is 37.7 hours. According to the Federal Statistical Office, the actual average workweek of full-time employees was 41 hours in 2018. The law requires a break after no more than six hours of work, stipulates regular breaks totaling at least 30 minutes, and sets a minimum of 24 days of paid annual leave in addition to official holidays. Provisions for overtime, holiday, and weekend pay varied, depending upon the applicable collective bargaining agreement. Such agreements or individual contracts prohibited excessive compulsory overtime and protected workers against arbitrary employer requests.
Extensive laws and regulations govern occupational safety and health. A comprehensive system of worker insurance carriers enforced safety requirements in the workplace.
The Federal Ministry of Labor and Social Affairs and its state-level counterparts monitored and enforced occupational safety and health standards through a network of government bodies, including the Federal Agency for Occupational Safety and Health. At the local level, professional and trade associations–self-governing public corporations with delegates representing both employers and unions–as well as work councils oversaw worker safety. The number of inspectors was sufficient to ensure compliance.
The number of work accidents continued to decline among full-time employees, and workplace fatalities decreased to 420 in 2018, down from 451 in 2017. Most accidents occurred in the construction, transportation, postal logistics, wood, and metalworking industries.