Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) - Slovakia (Ratification: 1998)

Articles 6 and 7 of the Convention. Wage claims as privileged debts. In its previous comment, the Committee requested the Government to indicate any substantive changes that Act No. 7/2005 Coll. on Bankruptcy and Restructuring may have introduced as regards the scope of privileged protection of employees’ wages and other service-related claims in the context of bankruptcy or insolvency proceedings. In the absence of the Government’s reply on this point, the Committee again requests the Government to specify whether the bankruptcy legislation currently in force continues to give first-rank priority to all wage and other service-related claims arising from employment contracts in the three years prior to the bankruptcy, as previously provided for under Act No. 328/1991 Coll. on Bankruptcy and Settlement.

Article 3(2). Acceptance of Part III – protection by a guarantee institution. The Committee notes that wage guarantee insurance is part of the social insurance regulated by Act No. 461/2003 Coll. The Committee understands that the compulsory employers’ contribution to the wage guarantee fund is currently fixed at 0.25 per cent of the employees’ wages subject to a contribution ceiling of €1.153. Noting the Government’s indication that it will consider the acceptance of obligations of Part III of the Convention after consulting with its social partners, the Committee requests the Government to keep the Office informed of all future developments in this regard.

Part IV of the report form. Application in practice. The Committee notes that, according to the statistical information provided in the Government’s latest report, in 2011 guarantee insurance benefits were paid to 533 beneficiaries representing a total amount of €6.8 million. The Committee would appreciate if the Government could continue to supply detailed information on the operation, financing and management of the guarantee insurance system, including, for instance, the current rate of the employers’ compulsory contribution, and statistics on the number of applications received, claims settled and sums paid per year.