Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Czechia (Ratification: 2000)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes the information provided by the Government on the outcome of tripartite consultations held pursuant to the Convention. In this respect, it notes with interest the Government’s ratification of the Maternity Protection Convention, 2000 (No. 183) on 3 July 2017 and the Collective Bargaining Convention, 1981 (No. 154) on 6 December 2017, following tripartite consultations. With respect to tripartite consultations held to re-examine unratified Conventions (Article 5(1)(c)), the Government indicates that no agreement was reached between the social partners on the setting of an objective mechanism for raising the minimum wage. It therefore decided not to submit a proposal for ratification of the Minimum Wage Fixing Convention, 1970 (No. 131), taking into account the importance of having tripartite consensus on this issue. It adds that an analysis of the Workers with Family Responsibilities Convention, 1981 (No. 156) is being elaborated, but has not yet been the topic of a tripartite discussion. The Government also reports that a meeting of the Working Team of the Council for Economic and Social Agreement for Cooperation with the ILO was held on 10 May 2019 to discuss the comments of the Committee on the application by Czechia of certain ratified Conventions. The Committee welcomes the information provided and requests the Government to continue to provide information on the content and outcome of the tripartite consultations held on all of the matters concerning international labour standards covered by the Convention, including with respect to Conventions identified for possible ratification.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes the detailed information provided by the Government on the outcome of the tripartite consultations held during the reporting period on matters regarding international labour standards, in particular with regard to the consultations held to re-examine unratified Conventions (Article 5(1)(c)). The Government indicates in its report that the process of reviewing unratified up-to-date Conventions was initiated in the Working Team of the Council for Economic and Social Agreement for cooperation with the ILO (WT ILO) in 2015, a team that meets several time each year. In the first stage of this process, and after consultations with the social partners, the WT ILO identified Conventions for possible ratification and the Government drew up detailed analyses regarding the compliance of national legislation with the provisions of these Conventions. Based on these analyses, the WT ILO discussed the possibility of ratifying the Conventions and decided to draw up proposals for their ratification. As a result, during the reporting period, three proposals were submitted for ratification. In this regard, the Committee notes with interest that the Protocol of 2014 to the Forced Labour Convention, 1930, was ratified on 9 June 2016, and that the ratification process is currently under way in relation to the Collective Bargaining Convention, 1981 (No. 154), and the Maternity Protection Convention, 2000 (No. 183). The Committee notes that the WT ILO has also identified a broader group of Conventions for possible ratification, for which the Government will draw up analyses. The Committee welcomes the information provided and requests the Government to continue to provide information on the content and outcome of the tripartite consultations held on the matters concerning international labour standards covered by the Convention.

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

Effective tripartite consultations. The Committee notes the Government’s report received in August 2013, indicating that documents containing a summary of comments made by the Committee regarding the national implementation of ratified Conventions were prepared. The Government indicates that these documents have been discussed by the working team of the Economic and Social Agreement Council for the cooperation with the ILO and subsequently referred to the plenary of the Council, the national tripartite body, at its sessions held on 15 December 2011 and 26 February 2013. In February 2012, the working team of the Council discussed comments of the Committee of Experts on the efficiency of the system of labour inspections, particularly with respect to anti-union discrimination. The Committee further notes that discussions on the possibility of ratifying the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154), have not resulted in any progress in key contentious issues. The Committee invites the Government to continue to provide information on the content and outcome of the tripartite consultations held on the matters regarding international labour standards listed in Article 5(1) of the Convention, including consultations to re-examine the prospects of ratification of unratified Conventions (Article 5(1)(c)).

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

Effective tripartite consultations. Questions arising out of article 22 reports. The Committee notes the replies to the 2010 observation submitted by the Government in the report received in August 2011. The Government indicates that in order to provide enough time to social partners to assess the reports on the application of ratified Conventions, all reports were prepared by the Government by 31 July 2011 and sent to the most representative organizations of workers and employers for consultation on 5 August 2011. Comments of the social partners were discussed at the tripartite meeting for the cooperation with the ILO of the Working Team of the Council and Economic and Social Agreement on 24 August 2011. A period of 12 working days was provided for report assessment. The Committee notes with satisfaction the efforts in implementing measures to achieve the best possible procedures in promoting effective consultations required by the Convention. It invites the Government to continue to report on measures taken to promote tripartite consultations on international labour standards and on any follow-up to recommendations derived from such consultations.

Re-examination of unratified Conventions. Following its previous comments, the Committee notes with interest that the ratification of the last governance Conventions – the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129) – was registered in March 2011. The Committee notes that the issue of ratifying the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154), was discussed in two meetings in 2011. The tripartite meetings did not reach an agreement. The Government expresses its intention to use the reporting obligations pursuant to article 19 of the ILO Constitution as a suitable opportunity to gain practical experience from other ILO Members, as well as to obtain opinions from the supervisory bodies. The Government adds that the issue of ratifying Conventions Nos 151 and 154 should be included in the agenda of the Working Team of the CESA at a later stage. The Committee would welcome the Government to include information in its next report on Convention No. 144 on any other consultations held to re-examine the prospects of ratification of unratified Conventions (Article 5(1)(c) of the Convention).

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Effective tripartite consultations. Questions arising out of article 22 reports. In its previous comments, the Committee invited the Government and social partners to promote effective consultation in relation to the preparation of the reports required on the application of the ratified Conventions (Article 5(1)(d) of the Convention). In the report received in October 2010, the Czech-Moravian Confederation of Trade Unions (CMKOS) indicated that, while appreciating the consultation on the draft reports on the application of international labour standards, it would prefer to have more time to consider these draft reports and submit its comments. The Government confirms its willingness to provide more time to social partners to consider the draft reports and recognizes that it is important to identify critical issues raised by the social partners in the reports as soon as possible and if necessary, to discuss such issues with them. In this way, issues could be clarified and where appropriate, effective and immediate measures could be taken to fully comply with Convention requirements. The Government believes that such an approach, which gives additional space for opinions of workers and employers to be heard, strengthens social dialogue at the national level on the application of ILO Conventions and helps produce more relevant reports on ratified Conventions. The Government further states that it will work towards improving time management of the whole reporting system. The Committee welcomes this approach in promoting effective consultations required by the Convention on this matter and invites the Government to continue to report on measures taken to promote tripartite consultations on international labour standards and on any follow-up to recommendations derived from such consultations.

Re-examination of unratified Conventions and denunciation of Conventions. The Committee notes with interest that, following consultations with the social partners, the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), was submitted in 2007 and was ratified in October 2008, and further recalls that the denunciation of the Underground Work (Women) Convention, 1935 (No. 45), was registered in April 2008. The Committee recalls that the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), was registered in October 2000. The Government indicates in its report that, as regards the last governance Conventions to be ratified – the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129) – following a re-assessment of national legislation and practice in the area of labour inspection, proposals for ratification of Conventions Nos 81 and 129 were submitted to the social partners for comments and subsequently to the Cabinet for approval. The Cabinet agreed on both proposals in June 2010 and the proposals were submitted to Parliament and are currently under discussion. Regarding the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154), CMKOS reiterates that while the legal conditions for ratification of Conventions Nos 151 and 154 are met, the Government has taken no further action in this regard. The Government indicates that it is prepared to discuss this issue through the Council of the Economic and Social Agreement Working Group on cooperation with the ILO. The Committee invites the Government to include information in its next report on the consultations held to re-examine the prospects of ratification of unratified Conventions (Article 5(1)(c) of the Convention).

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comment which read as follows:

1. The Committee notes the detailed information provided by the Government in the report received in August 2007, which includes additional observations from the Czech–Moravian Confederation of Trade Unions (CMKOS).

2. Questions arising out of article 22 reports. In relation to its 2005 observation concerning the consultations required by Article 5(1)(d) of the Convention, the Committee notes with interest that in 2006 and 2007, drafts of reports were sent to the individual social partners for comments prior to their submission to the ILO and their comments were incorporated in the final wording of the reports. The Government also indicates that in consideration of the comments submitted by CMKOS, special meetings were held with CMKOS in August 2006 and August 2007 at which agreement was reached as to the incorporation of their comments in the final version of the reports. The Committee notes with interest the information provided and commends the Government and social partners for their approach in promoting the effective consultation required by the Convention on this matter.

3. Re-examination of unratified Conventions and denunciation of Conventions. The Committee notes the statement CMKOS included in the Government’s report recalling that in the parliamentary debate concerning the adoption of the new Labour Code, the Government expressed that the draft submitted to Parliament had created the conditions for ratification of the Labour Relations (Public Service) Convention, 1978 (No. 151) and the Collective Bargaining Convention, 1981 (No. 154). The CMKOS further recalls that the legal conditions for ratification of Conventions Nos 151 and 154 are met, whereas the Government does not consider these ratifications among its priorities. The Committee further notes the continued consultation concerning the denunciation of the Underground Work (Women) Convention, 1935 (No. 45). In this regard, the Committee recalls that in its 2005 direct request on Convention No. 45, the Government was invited to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to denounce Convention No. 45. It further invites the stakeholders concerned to hold tripartite consultations for the re-examination of unratified Conventions so that it can consider what measures might be taken to promote, as appropriate, their implementation, ratification, or denunciation (Article 5(9)(c) and (e), of the Convention).

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

1. The Committee notes the detailed information provided by the Government in the report received in August 2007, which includes additional observations from the Czech–Moravian Confederation of Trade Unions (CMKOS).

2. Questions arising out of Article 22 reports. In relation to its 2005 observation concerning the consultations required by Article 5, paragraph (1)(d), of the Convention, the Committee notes with interest that in 2006 and 2007, drafts of reports were sent to the individual social partners for comments prior to their submission to the ILO and their comments were incorporated in the final wording of the reports. The Government also indicates that in consideration of the comments submitted by CMKOS, special meetings were held with CMKOS in August 2006 and August 2007 at which agreement was reached as to the incorporation of their comments in the final version of the reports. The Committee notes with interest the information provided and commends the Government and social partners for their approach in promoting the effective consultation required by the Convention on this matter.

3. Re-examination of unratified Conventions and denunciation of Conventions. The Committee notes the statement CMKOS included in the Government’s report recalling that in the parliamentary debate concerning the adoption of the new Labour Code, the Government expressed that the draft submitted to Parliament had created the conditions for ratification of the Labour Relations (Public Service) Convention, 1978 (No. 151) and the Collective Bargaining Convention, 1981 (No. 154). The CMKOS further recalls that the legal conditions for ratification of Conventions Nos 151 and 154 are met, whereas the Government does not consider these ratifications among its priorities. The Committee further notes the continued consultation concerning the denunciation of the Underground Work (Women) Convention, 1935 (No. 45). In this regard, the Committee recalls that in its 2005 direct request on Convention No. 45, the Government was invited to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to denounce Convention No. 45. It further invites the stakeholders concerned to hold tripartite consultations for the re-examination of unratified Conventions so that it can consider what measures might be taken to promote, as appropriate, their implementation, ratification, or denunciation (Article 5, paragraph 1(c) and (e), of the Convention).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report, which includes detailed observations from the Czech-Moravian Confederation of Trade Unions (CMKOS). The Committee further notes the information provided by the Government with regard to the consultations required on matters set out in Article 5, paragraph 1(c) and (e), of the Convention.

2. Questions arising out of article 22 reports. The CMKOS indicates that, while draft reports have been received before being sent to the Office, the views and observations of the CMKOS have not been reflected in the final versions. As the final versions of the reports sent to the Office have not been made available to the CMKOS, it does not know whether and to what extent its observations have been reflected in the final reports received by the Committee of Experts. In its reply, the Government indicates that the system for elaboration of article 22 reports was reviewed in 2003. Drafts reports are communicated to the social partners for comments before they are sent to the Office. It is the Government’s intention to ensure that the final texts of the reports are supplied to the social partners. The Committee further notes the special meeting held when preparing the report on Convention No. 98. The Committee recalls that the reports to be submitted under article 22 of the ILO Constitution are generally prepared in collaboration with the social partners, except in certain cases where the Government simply communicates to them a copy of the report sent to the Office. In this regard, it also recalls that the obligation of consultation laid down in Article 5, paragraph 1(d), goes beyond the obligation of communication of reports under article 23, paragraph 2, of the ILO Constitution as it consists, in this case, in holding consultations on matters that may arise from those reports. Reports that the employers’ and workers’ organizations may transmit to the Office cannot replace the consultations, which have to be held during the preparation of the reports (paragraph 92 of the 2000 General Survey on tripartite consultation). The Committee invites the Government and the social partners to deepen tripartite consultations on this matter and to include in the next report information on any new development in this regard (Article 5, paragraph 1(d)).

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first report on the application of the Convention received in December 2002. It further notes the detailed information provided by the Government in the report received in October 2003. It would be grateful if the Government would continue to provide information in its future reports on the activities of the Council of Economic and Social Agreement on the matters covered by the Convention. Please also continue to provide particulars of the consultations held, during the period covered by each report, on the matters set out in Article 5, paragraph 1, of the Convention.