Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Czechia (Ratification: 1993)

The Committee notes the information provided in the Government’s report. The Committee further notes the comments of the Czech-Moravian Confederation of Trade Unions (CMKOS) and the Government’s reply thereto. The Committee finally notes the comments of the International Confederation of Free Trade Unions (ICFTU).

1. Article 2 of the Convention. Right of all workers without distinction whatsoever, to establish and join organizations of their own choosing. The Committee recalls that its previous comments concerned the need to amend the Act on Associations so as to ensure that all workers without distinction, whether nationals or foreigners working in the territory, enjoy the right to form and join organizations of their own choosing. The Committee notes that, according to the Government’s report, although a bill to amend the Act on association of citizens (No. 83/1990) is under preparation and should come into effect in 2006, this amendment is not likely to substitute a more general term for the term "citizen" in the text of the law, for the following reasons. First, the Charter on Fundamental Rights and Freedoms (promulgated through Act No. 23/1991) provides in section 42 that "if the existing law uses the term ‘citizen’, this is to mean every person, if it concerns fundamental rights and freedoms, regardless of nationality". Second, section 27 guarantees freedom of association as a fundamental right and section 1 provides that all other acts and legal norms must be in compliance with the Charter. Thus, the Government indicates that the right to organize is guaranteed for everybody regardless of nationality. The Committee takes note of this information.

2. Article 3. Right to strike. The Committee takes note of the comments made by the ICFTU with regard to legislative restrictions on the right to strike which had been previously raised by the Committee in its comments. The Committee recalls that its previous comments concerned the need to amend section 17 of the Act on collective bargaining so as to ensure that balloting for industrial action only takes account of the votes cast and that the required quorum and majority are fixed at a reasonable level. The Committee had noted the Government’s indication that the quorum requirements were under revision so that a union could declare a strike if it had the support of more than half of the voting employees concerned, on the condition that at least half of the concerned employees voted. It had further noted with interest the Government’s indication that the provision on the submission of a list of strikers should be repealed. The Committee notes from the Government’s report that an amendment proposal to Act No. 2/1991 on collective bargaining is under consideration. It contains, among other things, a change in section 17(1) and (2) of the Act concerning the required majority vote for a strike to be declared, as well as a provision abolishing the requirement to submit a list of strikers. The Committee requests the Government to indicate progress made in the adoption of amendments to section 17 of Act No. 2/1991 in its next report.