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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 4. Partial payment of wages in kind. The Committee recalls its previous comment in which it noted that wage payments in kind based on an individual labour agreement are not consistent with either the letter or the spirit of the Convention and accordingly requested the Government to take the necessary steps to ensure that the national legislation is brought into line with this Article of the Convention. It notes that the most recent amendments to the Labour Code have left intact section 127(1), which allows the parties to an employment relationship to agree on the particular conditions of in-kind payments. In its latest report, the Government indicates that there does not appear to be an application problem, since neither the employee representatives, nor the employer representatives, have requested any amendments in this regard, nor has the Ministry of Labour, Social Affairs and Family received any allegations of abuse. The Committee recalls, in this regard, that the Convention permits the partial payment of wages in kind only under the conditions and within the limits prescribed by laws or regulations, collective agreements or arbitral awards but not individual agreements. In this connection, the Committee draws the Government’s attention to paragraphs 104–160 of its 2003 General Survey on the protection of wages, which offer guidance concerning possible ways in which legislative conformity with this Article of the Convention may be ensured. The Committee accordingly requests the Government to take the necessary measures to amend section 127(1) the Labour Code in order to bring it into line with this Article of the Convention.

Article 8. Limits on wage deductions. The Committee recalls its previous comment in which it drew the Government’s attention to the fact that the Convention recognizes only national laws or regulations, collective agreements and arbitration awards as legal bases for lawful deductions, it being understood that deductions made on any other basis, such as deductions by virtue of individual agreement or merely with the consent of the worker, are not in conformity with the requirements of the Convention. In its latest report, the Government states that section 131(3) of the Labour Code does not permit illegal or abusive deductions from the income of an employee and explains that section 20 of the Labour Code allows for agreements between employers and employees to be one of the forms of ensuring the rights and obligations arising from labour-law relations to satisfy an employer’s entitlement towards an employee. The Government also indicates that effecting deductions without valid legal grounds would in any event represent unwarranted enrichment on the part of the employer which is prohibited under section 222 of the Labour Code. By way of example, the Government indicates that an employee may agree with an employer on deductions for compensation for damages caused by negligence under section 186 of the Labour Code, compensation for damages caused by deliberate breach of obligations under section 179, or compensation for loss or damage to products, goods or other valuables under section 182 of the Labour Code. While noting the Government’s explanations, the Committee considers that the level of protection required by the Convention would only be obtained if all the types of deductions which may be made on the basis of a written agreement between the contracting parties were exhaustively enumerated and detailed in relevant laws or regulations. The Committee accordingly requests the Government to consider appropriate steps in order to ensure that the national legislation is brought into full conformity with the Convention on this point.

Article 10. Attachment of wages. The Committee notes the Government’s reference to Act No. 601/2003 Coll. and Government Regulation No. 268/2006 Coll. which establish the unattachable part of a worker’s wages so as not to deprive workers of the minimum level of income they need to provide for themselves and their families. However, the Committee understands that no similar limit seems to apply to deductions from wages other than those made in execution of a court decision. It notes, in this connection, that the European Committee of Social Rights has recently commented on this point concluding that the situation in the Slovak Republic is not in conformity with Article 4(5) of the revised Charter on the ground that unlimited deductions from wages may deprive workers of the means of subsistence required to provide for themselves and their families. Recalling that under Paragraph 1 of the Protection of Wages Recommendation, 1949 (No. 85), deductions from wages should not exceed the extent deemed necessary to safeguard the maintenance of the worker and his family, the Committee requests the Government to provide additional explanations in this regard. It also requests the Government to transmit a copy of the two legal documents mentioned above.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information provided in the Government’s report, in particular the adoption of the new Labour Code, Act No. 311/2001 Coll., as amended, and of Act No. 125/2006 Coll. on labour inspection.

Article 1 of the Convention. The Committee notes that section 118(2) of the Labour Code excludes from the legal definition of the term “wages” payments made pursuant to other provisions of the Labour Code or special regulations, such as wage compensation, severance pay, dismissal pay, travel reimbursement, dividends from the social fund, revenues from bonds and stocks, and stand-by pay. The Committee also notes the Government’s statement that the notion of “wages” is deemed to cover any remuneration for work, however it is called or calculated, and whether it is based on time, performance, volume produced, or any combination of these elements. The Government adds that “wages” also include bonuses or incentive pay provided for under sections 121–125 of the Labour Code, such as payment for overtime work, night work, work on holidays, work in shifts, dangerous or physically demanding work, work requiring high level of skills, premium for work results or long-term services, or rewards for saving properties or personal lives. The Committee wishes to recall the generic sense in which the term “wages” is employed in Article 2 of the Convention, which implies that whatever the term used, all remuneration or earnings, which are payable under a contract of employment, by an employer to an employee, should be afforded the protection of Articles 3–15 of the Convention.

Article 4. Partial payment of wages in kind. The Committee notes that section 127(1) of the Labour Code allows for the payment of part of the worker’s wages in kind, only with the consent of the worker and under conditions to be agreed between the employer and the worker. The Committee recalls, in this regard, that Article 4 of the Convention provides that only national law or regulations, collective agreements or arbitration awards may authorize the partial payment of wages in kind. What the Convention does not permit, therefore, because of the obvious risk of abuse, is that the parties to an employment relationship should be left free, by individual agreement, to provide for the particular conditions of the in-kind payment. The Committee accordingly requests the Government to take the necessary steps to ensure that the national legislation is brought into line with the Convention in this respect.

Article 8. Deductions from wages. The Committee notes that under section 131(3) of the Labour Code, wage deductions other than those enumerated in section 131(1) and (2) may be made by an employer subject to a written agreement concluded with an employee. The Committee is obliged to recall in this connection that Article 8 of the Convention makes exclusive reference to national laws or regulations, collective agreements or arbitration awards as being the only valid legal bases for effecting deductions from wages. As in the case of Article 4 of the Convention regulating payments in kind, the aim is to clearly exclude “private” arrangements which might involve unlawful or abusive deductions (or unsolicited payments in kind) to the detriment of the worker’s earnings. The Committee therefore requests the Government to take appropriate action to bring its legislation in line with the requirements of this Article of the Convention.

Article 10. Attachment and assignment of wages. The Committee notes the Government’s indication that a sum equivalent to 60 per cent of the subsistence amount for an adult person may not be subject to any attachment by court decision. The Government refers to Act No. 601/2003 Coll. on the subsistence amount and states that the subsistence amount for an adult person is currently set at SKK5,130 (approximately US$211.29) per month. The Committee would appreciate receiving a copy of the Act on the subsistence amount. It would also be grateful if the Government would indicate whether a similar limit applies to wage deductions and specify the relevant legal provision(s).

In addition, the Committee notes that the Labour Code does not seem to contain any provisions on the assignment of wages. The term “assignment of wages” is generally understood as a voluntary arrangement for the reimbursement of a personal debt on any pay advances granted by the employer based on a statement signed by the assignor in person before a magistrate of the local court or an agent of the labour inspectorate. The Committee therefore asks the Government to provide additional explanations on the conditions under which and the limits within which wages may be assigned.

Article 11. Protection of wage claims in bankruptcy/insolvency proceedings. The Committee notes that sections 21–26 of the Labour Code provide for the establishment of a wage guarantee fund for the settlement of workers’ wage claims in the event of the employer’s insolvency. The Committee requests the Government to provide additional information on the composition, mandate and financing of the wage guarantee fund and to transmit a copy of the legal text(s) regulating its operation.

Part V of the report form. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for instance, statistics on the number of workers covered by relevant legislation, copies of collective agreements containing clauses on wage protection, extracts from reports of the labour inspection services showing the number of wage-related offences observed and sanctions imposed, etc.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report. With reference to its previous comments, the Committee requests the Government to provide further information on the following points.

Article 1 of the Convention. The Committee notes from the Government’s report that "wage replacement" and stand-by pay represent pecuniary remuneration payable by an employer to an employed person for the time he/she is prevented from or unable to perform any work for various reasons (e.g. leave, obstructions to work, public holiday, stand-by order) but they are not deemed to constitute wages within the meaning of section 4(2) of Act No. 1/1992 concerning wages, stand-by pay and average earnings. In this connection, the Committee is bound to recall that the Convention, in the interest of affording the broadest possible protection to wage earners, uses the term "wage" in a generic sense so as to apply to any remuneration or earnings, however designated or calculated, thus including not only the basic wage but also any other allowance or benefit payable to the worker by virtue of a written or unwritten contract of employment. The Committee notes that the Government is in the process of preparing a new draft Labour Code. It therefore hopes that the Government will take appropriate steps to ensure that the new legislation fully reflects the requirements of the Convention in this regard.

Article 4. The Committee notes the Government’s indication that section 123 of the Labour Code was repealed by Act No. 206/1996 of 20 June 1996. It requests the Government to transmit the text of the said Act. In addition, the Committee would be grateful to the Government for supplying further information on the practical application of section 13 of Act No. 1/1992 on wages in kind, and also indicating the measures taken to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family, and that the value attributed to such allowances is fair and reasonable.

Articles 6 and 7. The Committee notes the Government’s statement to the effect that draft articles 127 and 130 of the new Labour Code follow closely the provisions of the Convention concerning the free disposal of wages and the operation of workers’ stores. The Committee recalls, in this respect, that the Convention requires appropriate legislative provisions specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages and also guaranteeing that workers are free from any coercion in relation to the use of company stores and services. The Committee asks the Government to communicate a copy of the above draft articles.

Articles 8 and 10. The Committee notes the provisions of Government Decree No. 89/1997 on the amounts of wage (salary) deductions pursuant to forced execution of court rulings. Noting that the said Decree fixes a specific amount, and not a proportion of the wages, to be immune from deduction or attachment, the Committee asks the Government to further clarify whether this amount is deemed sufficient to enable workers and their families to satisfy their basic needs, as required under Article 10(2) of the Convention, and also to indicate whether national laws or regulations provide for the periodic review of such amount. The Committee also requests the Government to provide the text of Government Decree No. 223/1988 establishing the order of authorized wage deductions.

In addition, the Committee recalls that the Convention provides for the protection of wages not only against attachment but also against assignment, and therefore asks the Government to supply information on the measures taken or contemplated to ensure the application of the Convention in this respect.

Article 9. In the absence of response to its previous comment on this point, the Committee again requests the Government to specify the legislative or other provision expressly prohibiting deductions from wages with a view to ensuring direct or indirect payments to the employer or intermediaries for the purpose of obtaining or retaining employment.

Article 12(1). The Committee notes from the Government’s report that the new draft Labour Code lays down an obligation for the employer to provide in the employment contract for concrete intervals of wage payment. The Committee asks the Government to communicate the text of any relevant provision aimed at ensuring the regular payment of wages.

Article 15(c). The Committee notes the Government’s indication that, as from 1 July 2001, section 270(a) and (b) of the Labour Code were repealed by article III(2) of Act No. 95/2000 of 8 February 2000 on Labour Inspection. The Committee notes that under section 17(1)(a) of the new legislation the Labour Inspectorate is entitled to impose fines to employers for violations of obligations in respect of wage regulations up to the amount of 1,000,000 SKK.

Part V of the report form. The Committee requests the Government to include appropriate information in future reports on the enforcement of national legislation regarding wage protection, particularly on the results of inspection visits, the number and nature of infringements observed, and the penalties imposed.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 reads as follows:

Further to its previous comments, the Committee noted with interest the information supplied in the Government’s report, as well as the texts of the Constitution (adopted in 1991), the Labour Code (Act No. 65/1965, as subsequently amended), and the Act No. 1/1992 concerning wages, remuneration for workers on stand-by, and average earnings. It would be grateful if the Government could supply with the next report copies of other legislation referred to in its report, which give effect to the provisions of the Convention, if this has not already been done. The Committee also requests the Government to provide further information on the following points.

Article 1 of the Convention.  The Committee notes that, under section 4(2) of the Act No. 1/1992, "wage compensation" and "cash compensation" are, among other things, not deemed to constitute wages. It asks the Government to clarify what is meant by these terms.

Article 4.  The Committee requests the Government to provide a copy of the Regulation made under section 123(1)(d) of the Code concerning the payment of wages in kind.

Articles 6 and 7.  The Committee notes the Government’s indication to the effect that legislative measures have not been taken so far. It requests the Government to indicate any measures taken or envisaged to ensure that employers are prohibited from limiting the freedom of the worker to dispose of his or her wages and that the workers are not coerced to make use of works stores or services operated in connection with an undertaking.

Article 8.  The Committee requests the Government to indicate measures taken or envisaged to limit the extent to which deductions from wages may be made.

Articles 9 and 10.  The Committee requests the Government to supply, among copies of the legislation requested above, in particular, the text of provisions giving effect to these Articles of the Convention concerning the prohibition of deductions related to obtaining and retaining employment, and attachment and assignment of wages, respectively.

Article 12(1).  The Committee notes that, under section 119(1) of the Code and section 10(1) of the Act, a wage payment interval longer than the usual one month, may be fixed by individual employment contracts. It asks the Government to take measures to ensure that in such cases wages are paid at the fixed interval of time.

Article 15(c).  The Committee notes that, under the provisions of sections 270a and 270b of the Code, the bodies authorized to carry out inspections can prescribe penalties for violations of legislative provisions. It asks the Government to indicate the penalties actually prescribed concerning violations in relation to wage payment by such bodies, and to provide a copy of relevant laws or regulations.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Further to its previous comments, the Committee noted with interest the information supplied in the Government's report, as well as the texts of the Constitution (adopted in 1991), the Labour Code (Act No. 65/1965, as subsequently amended), and the Act No. 1/1992 concerning wages, remuneration for workers on stand-by, and average earnings. It would be grateful if the Government could supply with the next report copies of other legislation referred to in its report, which give effect to the provisions of the Convention, if this has not already been done. The Committee also requests the Government to provide further information on the following points.

Article 1 of the Convention. The Committee notes that, under section 4(2) of the Act No. 1/1992, "wage compensation" and "cash compensation" are, among other things, not deemed to constitute wages. It asks the Government to clarify what is meant by these terms.

Article 4. The Committee requests the Government to provide a copy of the Regulation made under section 123(1)(d) of the Code concerning the payment of wages in kind.

Articles 6 and 7. The Committee notes the Government's indication to the effect that legislative measures have not been taken so far. It requests the Government to indicate any measures taken or envisaged to ensure that employers are prohibited from limiting the freedom of the worker to dispose of his or her wages and that the workers are not coerced to make use of works stores or services operated in connection with an undertaking.

Article 8. The Committee requests the Government to indicate measures taken or envisaged to limit the extent to which deductions from wages may be made.

Articles 9 and 10. The Committee requests the Government to supply, among copies of the legislation requested above, in particular, the text of provisions giving effect to these Articles of the Convention concerning the prohibition of deductions related to obtaining and retaining employment, and attachment and assignment of wages, respectively.

Article 12(1). The Committee notes that, under section 119(1) of the Code and section 10(1) of the Act, a wage payment interval longer than the usual one month, may be fixed by individual employment contracts. It asks the Government to take measures to ensure that in such cases wages are paid at the fixed interval of time.

Article 15(c). The Committee notes that, under the provisions of sections 270a and 270b of the Code, the bodies authorized to carry out inspections can prescribe penalties for violations of legislative provisions. It asks the Government to indicate the penalties actually prescribed concerning violations in relation to wage payment by such bodies, and to provide a copy of relevant laws or regulations.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the general report of the Government. It requests the Government to provide a detailed report on legislative or other measures under which each Article of the Convention is applied, following the report form approved by the Governing Body.