Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s detailed report and the information provided in reply to its previous comments.

Article 1, paragraph 1, of the Convention. The Committee notes the Government’s explanations concerning the reasons that justify lower minimum wage rates for disabled and young employees, in particular the willingness to promote the employability of those groups even where certain problems might be expected as regards the quality standards or the pace of the work performed. It also notes the Government’s statement that establishing differentiated minimum wage rates does not mean that these employees should have their wages a priori reduced regardless of their work performance and results since it would be clearly discriminatory and contrary to both the Labour Code and the Wages Act to permit two employees performing the same volume of the same work of comparable quality to be remunerated differently merely because of their age or physical condition. In this respect, the Committee requests the Government to further explain how the principle “equal remuneration for work of equal value” is fully applied in practice in view of the fact that the Labour Code anyhow endorses lower wage rates for young or disabled workers, and also considering that a strict application of that principle would tend to remove any incentive employers might have for the recruitment of those workers.

Article 3, paragraph 2(2). The Committee notes the Government’s reference to a special working party for wages, salaries and related matters set up within the framework of the tripartite Council of Economic and Social Agreement (RHSD CR), the country’s institutionalized central forum for social partnership and tripartite negotiations. The Committee requests the Government to clarify whether the annual adjustment of the national minimum wage involves prior consultations and, if so, in which form and manner, or whether it is automatically indexed to the consumer price index. The Committee would also appreciate receiving additional information on the composition, mandate and activities of the working party.

Article 3, paragraph 2(3). The Committee notes the Government’s statement that under the draft new Labour Code No. 262/2006 Coll., which is expected to enter into force on 1 January 2007, the national minimum wage is defined as the lowest permissible level of remuneration even for work performed in accordance with contracts outside an employment relationship. Noting that this provision of the new Labour Code would appear to give full effect to the principle of the Convention according to which minimum wage rates once fixed have the force of law and may not be subject to abatement by means of individual agreement, the Committee requests the Government to transmit the text of the new legislation as soon as it is enacted.

Article 4, paragraph 1. The Committee notes that, according to the Government’s report, information on the minimum wage is posted and regularly updated on the web pages of the Ministry of Labour and Social Affairs while an information sheet on the minimum wage is also regularly published.

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. 513/2005 Coll. and currently amounts to 48.10 crowns per hour or 7,955 crowns per month. It also notes the statistical information on the number of wage-related offences reported by the labour inspection services from July 2005 to March 2006 and the total amount of fines imposed. The Committee would be grateful if the Government would continue to supply up to date information on the effect given to the Convention in practice, including the minimum rates of pay in force, the approximate number of workers covered by relevant legislation, statistics on labour inspection visits and the results obtained in matters of minimum wages as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body on the continued relevance of the Convention based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Conventions Nos. 26 and 99 are among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.