Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Czechia (Ratification: 1993)

The Committee takes due note of the information contained in the Government’s report.

Article 1, paragraph 1, of the Convention. The Committee notes that, under section 2(1) of the Minimum Wage Regulation No. 303/1995, lower monthly and hourly wage rates are applied to certain categories of workers on the basis of criteria such as age or disability. In this regard, the Committee wishes to refer to paragraphs 169-176 of its General Survey of 1992  on minimum wages in which it invited States to devote special attention to the provision of fair remuneration to young or disabled workers, bearing in mind the principles of equal pay for equal work and equal opportunity as well as objective criteria such as the quantity and quality of work done. The Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to re-examine the question of the different minimum wages rates based on age or disability in the light of the principle of equal pay for work of equal value.

Article 3, paragraph 2(2). With reference to the core provision of the Convention requiring that a minimum wage fixing machinery be set up and operated in full consultation with representative organizations of employers and workers and that their participation in the functioning of the machinery should take place on an equal footing, the Committee notes the Government’s statement in an earlier report to the effect that no detailed conditions or machinery for the purpose of fixing the numbers of wage tariff grades, the amounts concerned or methods to be followed are to be found in the law. The Committee further notes that section 23 of the Labour Code makes only a general reference to the need for consultations with the social partners without specifying the manner in which these consultations should be carried out. The Committee asks therefore the Government to provide full particulars on the machinery used to consult the representatives of employers and workers concerned with regard to fixing or reviewing minimum wages and the practical arrangements ensuring the equal representation of the interests of employers and workers in the operation of such machinery. The Committee also wishes to receive a copy of the statutory instrument(s) setting out the powers and functions of the Council of Economic and Social Agreement.

Article 3, paragraph 2(3). The Committee notes the Government’s clarifications in reply to its previous request concerning the non-application of the statutory minimum wage to activities performed in accordance with contracts outside an employment relationship. In particular, the Committee notes the Government’s statement that these activities refer to work assignments of limited duration, that the amount of remuneration for such assignments may be freely agreed upon by the employer and the employee (and may thus be lower than the statutory minimum wage) in accordance with section 239(b)(1) of the Labour Code, and that statistics on the number of agreements falling under this provision or the amount of remuneration are not available. In this respect, the Committee is obliged to recall that, under the terms of the Convention, minimum wage rates once fixed have the force of law and may not be subject to abatement by means of individual agreement. In addition, the principle of the binding force of minimum wages calls for appropriate enforcement measures by way of a system of effective supervision and sanctions to ensure that wages are not paid at less than the applicable minimum rates. The Committee requests therefore the Government to bring the national legislation into harmony with the Convention on this point, or alternatively, consider the possibility of fixing, in accordance with the requirements of the Convention, special minimum wage rates applicable to the type of agreements referred to in sections 236 and 237 of the Labour Code. The Committee asks the Government to keep it informed of any developments in this regard.

Article 4, paragraph 1. The Committee would be grateful if the Government could indicate the measures taken or envisaged to ensure that adequate publicity is given to minimum wage rates in force, as required under this Article of the Convention, for example, through the posting of notices in places where wages are paid or at the workplace, or by other means.

Article 5 and Part V of the report form. The Committee notes the Government’s indication that the national minimum wage was last determined by Regulation No. 436/2002 and currently amounts to 33.90 CZK per hour or 5,700 CZK per month. It also notes that, in the first quarter of 2002, only 0.5 per cent of the total number of workers of the organizations for which statistical data are available were remunerated at the minimum wage rate with women representing 68.3 per cent of those working for a minimum wage. The Committee requests the Government to continue supplying up-to-date information on the effect given in practice to the Convention including, for instance, extracts from reports of the inspection services and any other relevant data bearing on the enforcement of minimum wage legislation or the operation of the minimum wage fixing machinery.