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

Protection of Wages Convention, 1949 (No. 95) - Czechia (Ratification: 1993)

The Committee notes the Government’s report, in particular the adoption of a new Labour Code, Act No. 262/2006 Coll., which is expected to enter into force on 1 January 2007. As this text is not available at the Office, the Committee would appreciate receiving a copy. The Committee also notes the Government’s explanations on the application of Articles 1 and 9 of the Convention.

Article 4. Further to its previous comment on this point, the Committee notes the Government’s explanations that payment of wages in kind is authorized under section 13(1) of Act No. 1/1991 Coll. only with the employee’s consent and only under the conditions agreed upon with him. In this connection, the Committee is bound to recall that the Convention expressly requires that the partial payment of wages in kind be regulated by means of national laws or regulations, collective agreements or arbitral awards and therefore does not permit the modalities of such payment to be determined by individual agreement at the free discretion of the parties to an employment relationship. Moreover, the Committee notes that, with the exception of the prohibition against the payment in the form of spirituous liquors and other addictive substances, the national legislation contains no specific provisions aimed at ensuring that allowances in kind are restricted to those which are necessary for the personal use and benefit of the worker and his/her family. The Committee requests the Government to take appropriate steps to give full effect to the requirements of this Article of the Convention. It also asks the Government to indicate whether the new Labour Code introduces any significant changes on this point. Finally, the Committee would thank the Government for transmitting a copy of Act No. 435/2004 Coll. on employment which repeals Act No. 1/1991 Coll.

Articles 6 and 7. While noting the Government’s explanations on this point, the Committee wishes to refer to paragraph 210 of its 2003 General Survey on the protection of wages in which it considered that nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention. The Committee once again requests the Government to indicate the measures taken or envisaged in order to bring the national legislation into full conformity with the Convention in this regard and also to specify any legal provisions regulating the operation of works stores.

Articles 8 and 10. The Committee notes that all permissible wage deductions are now listed in Act No. 155/2000 Coll. It also notes the Government’s explanations concerning the calculation of the unattachable part of the wage (62 per cent of the subsistence minimum wage) and its periodic readjustment. The Committee once again requests the Government to indicate whether provision is made in national laws or regulations, including the new Labour Code, for the assignment of wages and, if so, to provide copy of any relevant text.

Article 11. The Committee notes that according to the Government’s report, Act. No. 182/2006 Coll., which has replaced Act No. 328/1991 Coll. on bankruptcy, continues to grant first rank privilege to workers’ wage claims for the last three years prior to the bankruptcy. The Committee would appreciate receiving a copy of the new legislation. In addition, the Committee understands that, by virtue of Act No. 118/2000 on protection of employees against the employer’s insolvency, new arrangements have been introduced seeking to guarantee the settlement of wage debts even in the absence of sufficient assets in the bankruptcy estate. In this connection, the Committee draws the Government’s attention to the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), which marks a clear improvement over the standards set out in Convention No. 95, and asks the Government to provide full particulars on the scope, management and financing of the wage guarantee institution.

Article 15. The Committee notes the Government’s reference to Act No. 251/2005 Coll. on labour inspection, sections 13 and 26 of which refer to violations and administrative misconduct related to employee remuneration. The Committee would appreciate receiving a copy of the new legislation.

Part V of the report form. The Committee would be grateful if the Government would provide general information on the application of the Convention in practice, including, for instance, extracts from official reports, up to date statistics on labour inspection visits and the results obtained in wage-related matters, as well as any other particulars which would facilitate the Committee’s task to supervise the observance of the standards set out in the Convention.