Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Czechia (Ratification: 1993)

Part III (Old-age benefit). Article 15(3) of the Convention. Reduction of pension age for persons engaged in arduous or unhealthy occupations. The Committee notes the concerns expressed by the Czech–Moravian Confederation of Trade Unions (CM KOS) that while providing for the gradual increase of the statutory retirement age beyond 65 years, Czech legislation does not contain provisions giving effect to Article 15(3) of the Convention, which requires lowering of the age limit for persons who have been engaged in occupations that are deemed by national legislation to be arduous or unhealthy. In reply, the Government states that the Czech legislation currently in force does not deem any occupation to be arduous or unhealthy and, consequently, there is nobody who might benefit from lowering of the retirement age. To ascertain that the current Czech legislation complies with the Convention, the Government asks for clarification of the meaning of Article 15(3).

The Committee recalls that Article 15(3) is applicable to pension schemes where the retirement age is 65 or higher, while in the Czech Republic in 2012 the retirement age is 62 years and six months for men, 61 years and four months for childless women and lower ages for women who have raised children. This age will be gradually increased to attain a uniform age limit of 67 for insured men and women born in 1977 who will retire in 2044. In the meantime, the Government may wish to consider, in consultation with the social partners, the experience of other European countries, the legislation of which recognize the need, as does the Convention, to reduce the retirement age in arduous or unhealthy occupations.

Article 18(2). Payment of a reduced pension. In reply to the Committee’s previous comment concerning the need to restore the right to a reduced old-age pension for insured persons who on reaching the statutory retirement age have completed an insurance period of only 15 years, the report states that the Ministry of Labour and Social Affairs intends to make such a change in the current legislation in order to ensure that the Czech Republic again complies with this provision of the Convention. The Committee hopes that the necessary changes will be introduced by the Government in the very near future and reported as soon as they are adopted.

Part VI (Common provisions). Article 35(1). General responsibility of the State for the due provision of the benefits. The Committee notes the concerns expressed by the CM KOS about the possible future negative impact on the application of the Convention of the pension reform carried out by the Government, as well as the detailed explanations and statistics given by the latter in this respect.