"Public procurement is of great economic importance and provides the state with considerable market power. Public authorities have always used public contracts as an instrument to influence economic developments. In the past two decades, however, the strategic use of public procurement to promote more socially and environmentally sustainable economic development has acquired particular importance in Germany. A core element of this is the promotion of collective bargaining.

The present report will first of all provide an overview of the development of collective bargaining in Germany. It will then analyse the importance and organisation of public procurement, as well as its legal basis in Germany. After discussing the chequered history of the use of labour clauses in German public procurement, the report focuses on analysing the current status of labour clauses in regional public procurement laws and describes the latest discussions on a new national procurement act for public contracts at federal level. It also discusses the different approaches to implementing and enforcing labour clauses in practice. After a short overview of other social clauses in German public procurement laws, such as procurement-related minimum wages, the report concludes with a review of the current debate in Germany on ensuring that public money is given only to companies that respect fair wages and working conditions laid down in collective agreements."

Support: Digital;Paper

ISBN (PDF) : 1994-4454

Legal deposit : D/2025/10.574/15