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

Private Employment Agencies Convention, 1997 (No. 181) - Slovakia (Ratification: 2010)

The Committee notes the Government’s first report on the application of the Convention received in August 2012. It notes that questions related to activities of private employment agencies are regulated by Act No. 5/2004 Coll. on Employment Services and on the amendment of certain acts, as amended by later regulations. With respect to the cooperation between public and private employment agencies, the Government provides information on the creation of partnerships. It indicates that a partnership can be established by a municipality, a self-governing region, a non-profit organization, a foundation, a bank or another person who participates in the implementation of a project. The Government further indicates that partnerships cooperate with an office of labour, social affairs and family in the implementation of projects. The Committee invites the Government to include in its next report further information on the conditions in which efficient cooperation between the public employment service and private employment agencies is promoted and reviewed periodically (Article 13 of the Convention). Please also provide a general appreciation of the manner in which the Convention is applied, by providing extracts from inspection reports and information on the number of workers covered by the measures giving effect to the Convention, and the number of infringements reported (Part V of the report form).

Article 5(2) of the Convention. Special services or programmes for disadvantaged jobseekers. The Government reports that Act No. 5/2004 Coll. and other legal regulations contain no provisions limiting private employment agencies from providing special services or targeted programmes designed to assist the most disadvantaged workers in their jobseeking activities. It adds that under section 58(2) of Act No. 5/2004 Coll., a supported employment agency can assist a jobseeker who has a disability or a jobseeker who is long-term unemployed following a written agreement with the competent office of labour, social affairs and family. The Committee invites the Government to indicate if special services or targeted programmes designed to assist the most disadvantaged jobseekers in their job seeking activities have been envisaged or implemented with respect to other vulnerable categories of workers and, if so, to provide information in its next report on the results achieved.

Article 7(1) and (2). Fees. The Government indicates that pursuant to section 25(3) of Act No. 5/2004 Coll. an intermediary may charge a fee for services connected with employment intermediation abroad up to a set amount only from a natural person who is not a jobseeker at the date of the submission of the request for employment intermediation for a fee. The intermediary can collect the fee only after the person has been accepted in intermediated employment. The Committee invites the Government to clarify what categories of workers may be charged fees and to provide the reasons thereof. It also invites the Government to indicate whether there is any control over the quantum of the fees charged and to provide information on the employers’ and workers’ organizations consulted with respect to this matter.

Article 8. Protection of migrant workers. The Government indicates that Act No. 5/2004 Coll. guarantees an equal legal status for migrant workers from Member States of the EU, the European Economic Area and the Swiss Confederation and for citizens of the Slovak Republic. It also refers to section 5 of the Labour Code which provides protection to workers in the territory of the Slovak Republic. Furthermore, the Government provides information on the bilateral agreements on employment concluded within the European Economic Area and with the Russian Federation. The Committee invites the Government to provide information in its next report on the impact of the measures taken to provide adequate protection for and prevent abuses of migrant workers recruited or placed in the Slovak Republic by private employment agencies (Article 8(1)). It also invites the Government to provide information on the manner in which penalties are laid down against agencies covered by the Convention which engage in fraudulent practices and abuses. Please also indicate whether any bilateral agreements have been concluded with other countries outside the European Economic Area (Article 8(2)).

Article 10. Investigation of complaints. The Government reports that control of compliance with the conditions stipulated in Act No. 5/2004 Coll. is executed by the Central Office of Labour, Social Affairs and Family and the office of labour, social affairs and family. The Committee invites the Government to provide detailed information in its next report on the machinery and procedures for the investigation of complaints concerning the activities of private employment agencies.

Article 12. Allocation of responsibilities between private employment agencies and user enterprises. The Government reports that all private employment agencies, whether legal persons or natural persons, must abide by legislation governing the rights referred to in Article 12(a)–(i) of the Convention. The Committee invites the Government to specify the manner in which the applicable legislation has allocated the respective responsibilities of private employment agencies and user enterprises in each of the areas of collective bargaining (Article 12(a)), minimum wages (Article 12(b)), working time and other working conditions (Article 12(c)), statutory social security benefits (Article 12(d)), access to training (Article 12(e)), protection in the field of occupational safety and health (Article 12(f)), compensation in the case of occupational accidents and protection (Article 12(g)), compensation in case of insolvency and protection of workers claims (Article 12(h)), and maternity and parental protection/benefits (Article 12(i)).