Reservations and Declarations for Treaty No.035 - European Social Charter

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 24/07/2019

Germany

Declaration contained in a letter from the Permanent Representative of the Federal Republic of Germany, dated 22 January 1965, handed to the Secretary General at the time of deposit of the instrument of ratification, on 27 January 1965 - Or. Fr. .

The Federal Republic of Germany considers itself bound by the following Articles and paragraphs:

a. in accordance with Article 20, paragraph 1 (b) :

Articles 1, 5, 6, 12, 13, 16 and 19,

b. in accordance with Article 20, paragraph 1 (c),

Article 1,
Article 2,
Article 3,
Article 4, paragraphs 1, 2, 3 and 5,
Article 7, paragraphs 2, 3, 4, 5, 6, 7, 8, 9 and 10,
Article 8, paragraphs 1 and 3,
Article 9,
Article 10, paragraphs 1, 2 and 3,
Article 11,
Article 14,
Article 15,
Article 17,
Article 18.
Period covered: 26/02/1965 -
Articles concerned : 20

Declaration contained in a letter from the Permanent Representative of the Federal Republic of Germany, dated 28 September 1961 - Or. Ger .

In the Federal Republic of Germany, pensionable civil servants (Beamte), judges and soldiers are subject to special terms of service and loyalty under public law, based in each case on an act of sovereign power. Under the national legal system of the Federal Republic of Germany they are debarred, on grounds of public policy and State security, from striking or taking other collective action in cases of conflicts of interest. Nor do they have the right to bargain collectively since the regulation of their rights and obligations in relation to their employers is a function of the freely elected legislative bodies. Hence, with reference to the provisions of items 2 and 4 of Article 6 of Part II of the Social Charter the Permanent Representative of the Federal Republic of Germany to the Council of Europe feels obliged to point out that in the view of the Government of the Federal Republic of Germany those provisions do not relate to the above-mentioned categories of persons. The above declaration does not relate to the legal status of non-pensionable civil servants (Angestellte) and workmen in the public service.
Period covered: 26/02/1965 -
Articles concerned : 6


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