Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Article 2, paragraphs 1 and 2(b). In its previous comments, the Committee referred to the situation of persons requesting asylum, who were not normally authorised to take employment for several years beginning from the date of their application for asylum, but who could be called upon to perform socially useful work, which they had no choice but to carry out if they were to maintain their entitlement to public assistance (regulations respecting work permits of 12 September 1981, as amended; Act of 6 January 1987; and Federal Social Assistance Act, as amended by the Second Act to improve the budget structure of 22 December 1981). The Committee referred to paragraph 21 of its 1979 General Survey on the Abolition of Forced Labour, in which it indicated that the penalty set out in Article 2, paragraph 1, of the Convention may take the form of loss of rights or privileges. The Committee noted that, in a situation where the authorities have, through the prohibition of employment, deprived asylum seekers of the possibility of taking up work of their choice and made them dependent on welfare entitlements, the threat to withhold these payments in the event of failure to perform specified work brings that work within the scope of the Convention.

The Committee notes with interest that the Act of 21 June 1991 to amend certain provisions relating to the promotion of employment and other social measures has repealed as of 1 July 1991 the waiting period during which persons requesting asylum could not take employment (section 1 of the Act repealing section 19(1)(a) to (c) of the Employment Promotion Act).

The Committee takes due note of the Government's statement in its report that persons requesting asylum, provided that they are not subject to restrictions concerning their residence, may therefore obtain employment throughout the federal territory. The Government adds that work permits will be granted according to the general employment situation and the evolution of the labour market taking into consideration the facts in each individual case. By virtue of the legal provisions that are in force, priority has to be given to German workers and certain foreign workers.

The Committee also notes the information supplied by the Government concerning social assistance in relation to sections 18 to 20 of the Social Assistance Act (the new version of 10 January 1991).