Paid Educational Leave Convention, 1974 (No. 140) - Czechia (Ratification: 1993)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 2 and 6 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. Participation of the social partners. The Committee recalls that, for nine years, it has been requesting the Government to provide information on the development and implementation of a policy and the measures taken or envisaged – in consultation with the representative employers’ and workers’ organizations – to promote the granting of paid educational leave for the purposes envisaged in Article 2 of the Convention. The Committee has also repeatedly requested the Government to provide extracts of the relevant collective agreements together with extracts of reports, studies or inquiries relating to the practical application of the Convention, and available statistics on the number of workers to whom paid educational leave was granted. The Committee observes that the Government does not provide information in relation to the development and implementation of a policy, or any measures taken or envisaged to promote the granting of paid educational leave. The Committee recalls that the Convention requires the Government to formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave for the purpose of occupational training at any level, general, social and civil education and trade union education (Article 2) in consultation with the social partners (Article 6). Moreover, in response to the Committee’s previous comments, the Government once again indicates that it does not have any statistics or data on the implementation of the Convention in practice. It adds that there is no information available on the number of employees who were granted paid educational leave, or in relation to the nature of the paid educational leave granted. The Government indicates that there is no system in place for the registration or storing of collective agreements which would enable data on this point to be extracted. It explains that this is mainly due to the private nature of collective agreements, where at the company level these are obligations agreed between the employer and the employees’ representatives. The Government indicates that providing information on provisions concerning paid educational leave in collective bargaining agreements would give rise to a significant administrative and financial burden. The Committee notes the Government’s indication that the monitoring of collective agreements takes place through special surveys on earning and working conditions, particularly the Average Earnings Information System (ISPV) and the independent survey under the Information Scheme on Working Conditions (IPP). However, neither of the two surveys collect data on paid educational leave. Noting that the collection of information is necessary to enable it to assess the manner in which effect is given to the Convention, the Committee encourages the Government to consider including one or more questions in the above-mentioned special surveys in relation to the nature and availability of paid educational leave for the purposes set out in Article 2 of the Convention. Moreover, as there is no information in the Government’s report indicating the manner in which Article 2 of the Convention is implemented, the Committee requests the Government to communicate the texts, including government statements, declarations and other documents, in which the policy on promoting paid educational leave is expressed. The Committee also reiterates its request that the Government provide detailed updated information on the manner in which the Convention is applied, including, for instance, extracts from reports, studies and inquiries, and statistics on the number of workers granted paid educational leave (Part V of the report form). In view of the concerns expressed by the Government regarding the collection of such information, the Committee recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

Article 8. Discrimination. In its previous comments, the Committee requested the Government to provide information on any measures adopted or envisaged to ensure that all workers enjoy equal access to paid educational leave. The Government refers once again to the principle of equal treatment and non-discrimination established in section 16(2) of the Labour Code, which prohibits all forms of discrimination in labour relationships. The Government reports that the inspections carried out by the labour inspection authority during the reporting period did not reveal any violations in this regard, nor have workers made specific suggestions to carry out any inspection proceedings on the issue of paid educational leave. The Government indicates that it can therefore be assumed that cases of unequal treatment and discrimination in relation to access to paid educational leave do not occur in practice. The Committee nevertheless notes that the absence of disaggregated data on the number of workers to whom paid educational leave was granted renders it impossible to assess the implementation in practice of this Article of the Convention. The Committee therefore reiterates its request that the Government provide information on any measures taken or envisaged to ensure that all workers, particularly those belonging to disadvantaged groups, enjoy equal access to paid educational leave.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 2 and 6 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. Participation of the social partners. In its previous comments, the Committee requested the Government to provide an evaluation of its policy designed to promote the granting of paid educational leave as well as examples showing how social dialogue is used in the formulation and application of the policy. In addition, the Government was requested to provide general information on the manner in which the Convention is applied in practice. The Committee notes the Government’s indication that there is no information available on the number of workers to whom paid educational leave was granted. The Government adds that the Ministry of Labour and Social Affairs will examine the possibility of collecting data on the provision of paid educational leave under collective agreements. The Committee further notes that the Government does not provide information concerning the formulation and application of a policy to promote the granting of paid educational leave. The Committee therefore once again reiterates its request that the Government provide information on the development and implementation of a policy and the measures taken or envisaged – in consultation with the representative employers’ and workers’ organizations – to promote the granting of paid educational leave for the purpose of occupational training at any level (Article 2(a)); general, social and civic education (Article 2(b)); and trade union education (Article 2(c)). The Committee also once again reiterates its request that the Government provide extracts of the relevant collective agreements together with extracts of reports, studies or inquiries relating to the practical application of the Convention, and available statistics on the number of workers to whom paid educational leave was granted (Part V of the report form).

Article 8. Discrimination. The Government indicates that, under section 16 of the Labour Code, employers are required to ensure that all employees are treated equally with regard to, among other employment-related elements, working conditions, remuneration and other benefits, vocational training and opportunities for career advancement. In this context, the Government refers to the adoption of Act No. 206/2017 Coll., which came into effect on 29 July 2017, amending the Labour Code and the Employment Act. The Committee notes that the amendment to section 16(2) of the Labour Code provides that “in labour law relations, any discrimination, in particular discrimination on grounds of sex, sexual orientation, racial or ethnic origin, nationality, social origin, gender, language, health, age, religion or belief, property, marital and family status, family or political or other relationship, political or other opinion, membership and activity in political parties or political movements, trade unions or employers’ organizations; discrimination on grounds of pregnancy, maternity, paternity or sexual identification shall be considered discrimination on grounds of sex”. The Committee requests the Government to provide information on any measures adopted or envisaged to ensure that all workers enjoy equal access to paid educational leave.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Formulation and application of a policy designed to promote the granting of paid educational leave. The Committee notes the Government’s report received in September 2013 which includes information in reply to the 2011 direct request. The Government indicates that the Czech-Moravian Confederation of Trade Unions (CMKOS) provided useful information on the application of the Convention in practice which was included in the report. The Committee notes that the proportion of collective agreements with specific provisions concerning time off for the purposes of union activities, including attending courses organized by trade unions, increased from 33.9 per cent in 2007 to 50.9 per cent in 2012 in the private sector, and 15.4 per cent in 2007 to 33.4 per cent in 2012 in the public sector (public services and administration). Moreover, the proportion of collective agreements that include specific provisions concerning other professional development of staff increased from 26.4 per cent in 2009 to 33 per cent in 2012 in the private sector, and 48.5 per cent in 2007 to 61.4 per cent in 2012 in the public sector (public services and administration). The Government reports that more detailed analysis shows that employers provide paid educational leave in terms of both institutional (that is to say, studying in order to achieve a higher level of education) and other education (that is to say, participation in seminars, conferences, etc.) relevant to the needs of the employer or necessary for the proper performance of the agreed work. The Committee invites the Government to provide, in its next report, an evaluation of its policy designed to promote the granting of paid educational leave (Article 2 of the Convention). It also invites the Government to provide examples on how social dialogue is used in the formulation and application of the policy for the promotion of paid educational leave (Article 6). Please also continue to provide general information on the manner in which the Convention is applied in practice, including extracts from reports, studies and inquiries, and available statistics on the number of workers granted paid educational leave (Part V of the report form).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report for the period ending in August 2010, including comments by the Confederation of Industry and Transport (CIT).

Formulation and application of a policy designed to promote the granting of paid educational leave. The Government indicates the various provisions of the Labour Code which grant paid educational leave. For example, Section 203(2)(c) of the Labour Code provides that participation in trade union training is considered as being in the public interest. The Labour Code also provides that an employee is entitled to a five working days’ leave per calendar year for participation in training organized by unions, provided serious operational reasons do not prevent this, with the payment of compensation equivalent to average earnings. The Government states that, in connection with other legislative acts, the implementation of paid educational leave is enabled in a manner that best suits the needs and capacities of individual employers and workers. Furthermore, the Government indicates that the details of such implementation exceed the general framework of the law and therefore specific cases are left to social dialogue. The Committee recalls its previous comments and requests the Government to provide information on its policy designed to promote the granting of paid educational leave for trade union education (Article 2(c) of the Convention). The Committee also requests the Government to indicate the manner in which employers’ and workers’ organizations, and institutions or bodies providing education and training are associated with the formulation and application of the policy for the promotion of paid educational leave (Article 6). Please also provide general information on the manner in which the Convention is applied in practice (Part V of the report form).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government’s report, received in October 2003. In reply to its previous comments, the Government indicates that it does not currently have statistics on the application of the Convention and that it does not know of the existence of any studies on the subject. The Committee requests the Government to give a general appreciation in its next report of the manner in which the Convention is applied in practice (Part V of the report form).

2. Leave for trade union education. The Committee notes that the report was discussed by the tripartite Working Group of the Council of Economic and Social Agreements for Cooperation with the ILO and that the Czech–Moravian Confederation of Trade Unions (CMKOS) has made comments on the application of the Convention. According to the CMKOS, the granting of paid educational leave for the purpose of trade union education is not ensured; although it is possible to obtain such leave under Decree No. 172/1973, the result of such applications is variable. Recalling that Article 2(c) of the Convention sets forth the obligation to “formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave for the purpose of ... trade union education”, the Committee requests the Government to indicate the manner in which the existence of a form of leave for trade union education is secured.

3. The CMKOS also emphasizes the absence of legislation respecting the financing of leave for trade union education. The Committee requests the Government to indicate how the arrangements for leave for trade union education are financed.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government’s report, received in October 2003. In reply to its previous comments, the Government indicates that it does not currently have statistics on the application of the Convention and that it does not know of the existence of any studies on the subject. The Committee requests the Government to give a general appreciation in its next report of the manner in which the Convention is applied in practice (Part V of the report form).

2. Leave for trade union education. The Committee notes that the report was discussed by the tripartite Working Group of the Council of Economic and Social Agreements for Cooperation with the ILO and that the Czech-Moravian Confederation of Trade Unions (CMKOS) has made comments on the application of the Convention. According to the CMKOS, the granting of paid educational leave for the purpose of trade union education is not ensured; although it is possible to obtain such leave under Decree No. 172/1973, the result of such applications is variable. Recalling that Article 2(c) of the Convention sets forth the obligation to “formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave for the purpose of (...) trade union education”, the Committee requests the Government to indicate the manner in which the existence of a form of leave for trade union education is secured.

3. The CMKOS also emphasizes the absence of legislation respecting the financing of leave for trade union education. The Committee requests the Government to indicate how the arrangements for leave for trade union education are financed.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s report, received in October 2003. In reply to its previous comments, the Government indicates that it does not currently have statistics on the application of the Convention and that it does not know of the existence of any studies on the subject. The Committee requests the Government to give a general appreciation in its next report of the manner in which the Convention is applied in practice (Part V of the report form).

2. Leave for trade union education. The Committee notes that the report was discussed by the tripartite Working Group of the Council of Economic and Social Agreements for Cooperation with the ILO and that the Czech-Moravian Confederation of Trade Unions (CMKOS) has made comments on the application of the Convention. According to the CMKOS, the granting of paid educational leave for the purpose of trade union education is not ensured; although it is possible to obtain such leave under Decree No. 172/1973, the result of such applications is variable. Recalling that Article 2(c) of the Convention sets forth the obligation to "formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave for the purpose of (...) trade union education", the Committee requests the Government to indicate the manner in which the existence of a form of leave for trade union education is secured.

3. The CMKOS also emphasizes the absence of legislation respecting the financing of leave for trade union education. The Committee requests the Government to indicate how the arrangements for leave for trade union education are financed.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report covering the period ending in September 2000. It notes the detailed information on the manner in which promotion of the grant of paid educational leave is ensured by national laws and regulations, particularly the Labour Code and Notification No. 140/1968 on the leave and material security granted to employees for studying or training.

The Committee asks the Government in its future reports to provide particulars of the manner in which the Convention is applied in practice including, where available, statistics or reports, studies or inquiries on the number of workers receiving paid education and leave, particularly under the national training Fund (Part V of the report form).