Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Czechia (Ratification: 1993)

The Committee notes the comments made by the International Trade Union Confederation (ITUC) dated 4 August 2011 and by the Czech–Moravian Confederation of Trade Unions (CMKOS) on the application of the Convention, as well as the Government’s reply thereon. Moreover, the Committee notes that, in response to previous comments made by the ITUC concerning negotiations on pay in the public sector and collective bargaining in the health-care service, the Government indicates that intensive collective bargaining takes place before finalizing the draft state budget; the Government also provides information on the results of labour inspections which have been conducted in 2010, including in the health-care sector.

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. In its previous observation, the Committee requested the Government to provide an overall assessment of the effectiveness of the system of protection against anti-union discrimination and interference, in consultation with the most representative employers’ and workers’ organizations. The Committee notes that the Government indicates in its report that the State Labour Inspection Office and its eight regional labour inspectorates employ a total of 333 inspectors. The Committee also notes the Government’s indication that from 1 September 2009 to 20 June 2011, labour inspection did not register any provable case of anti-union discrimination. The Committee would first observe that the absence of proven cases of anti-union discrimination does not necessarily imply that such acts do not actually occur. Moreover, given the divergence between the information provided by the Government and the comments made by workers’ organizations alleging anti-union discrimination, the Committee reiterates its request that the Government provides in its next report an overall assessment of the effectiveness of the system of protection against anti-union discrimination and interference, in consultation with the most representative employers’ and workers’ organizations, including data on the number of complaints brought to the labour inspection and the courts, as well as the duration of proceedings and their outcome.

Article 4. Collective bargaining. In its previous observation, noting that the Constitutional Court had rendered a sentence (No. 116/2008 Coll) which repealed certain provisions of the Labour Code, more particularly, provisions that afforded the right of trade unions to supervise the compliance with the legislation and collective agreements, the Committee requested the Government to indicate if the trade unions still had the right to denounce to the authorities cases of non compliance with the legislation and collective agreements. The Committee notes that the Government indicates that the Constitutional Court did not touch upon the right of trade unions to carry out inspections of the state of occupational safety and health in the enterprise. The Committee further notes that the Government indicates that trade unions can still make suggestions to labour inspection authorities. The Committee requests the Government to indicate whether trade unions have the right to denounce to the labour inspection authorities cases of non-compliance with the legislation.