Hours of Work (Industry) Convention, 1919 (No. 1) - Czechia (Ratification: 1993)

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. General standard on daily hours of work – Standby periods. The Committee notes the most recent amendments to the Labour Code, introduced by Act No. 365/2011 Coll., which took effect in January 2012, and Act No. 155/2013 Coll., which took effect in August 2013. In this connection, the Committee notes that section 82 of the Labour Code, which had previously set a maximum limit for working hours scheduled evenly to individual weeks to nine hours, has been repealed, and section 83 now provides for a unified maximum shift length of 12 hours for unevenly and evenly distributed working hours of employees. In reply to comments made by the Czech–Moravian Confederation of Trade Unions (ČM KOS), the Government explains that it does not currently foresee any steps to lower the limit on daily hours of work, as this arrangement gives the employer more flexibility to schedule the hours of work and employees gain longer uninterrupted rest periods. The Committee is bound to recall that the Convention establishes as a general standard an eight-hour working day and 48-hour working week. These limitations on normal working hours laid down in the Convention should be viewed as a strict maximum limits, which are not liable to variation or waiver at the free will of the parties. The Convention allows, of course, for exceptions but only in limited cases and under well-circumscribed conditions.The Committee accordingly requests the Government to take appropriate measures to ensure that the daily limit on the normal hours of work is brought into conformity with the Convention.

In addition, the Committee recalls its previous comment concerning standby periods in which it noted that the term “hours of work” might encompass the time spent on call within the meaning of the Convention, depending on the extent to which the worker is restricted from engaging in personal activities during that time. The Committee notes, in this respect, the Government’s statement that the only material criterion must be the presence or absence of the employee at his/her workplace, and refers in support of that statement to the case law of the European Court of Justice (Simap case C-303/98). The Committee is bound to reiterate the view expressed in paragraph 51 of its 2005 General Survey on hours of work, according to which the time spent on call may or may not be regarded as hours of work within the meaning of the Convention, depending on the extent to which the workers is restricted from engaging in personal activities during that time. With respect to the jurisprudence of the European Court of Justice, reference may also be made to the Jaeger Case (C-151/02) in which the Court placed emphasis not on the employee’s physical presence at the workplace, but rather his presence “at the place determined by [the employer] for the whole duration of periods of on-call duty” therefore subjecting him to “greater constraints since he has to remain apart from his family and social environment and has less freedom to manage the time during which his professional services are not required” (paragraph 65). The Committee therefore considers that sections 78(1)(h) and 95(3) of the Labour Code, which provide that standby periods that take place at a location agreed by the employer are not included in working time when work is not immediately performed, are not consistent with the letter and the spirit of the Convention.The Committee accordingly requests the Government to consider the necessary steps in order to ensure that the provisions of the Labour Code on standby periods fully reflect the approach suggested above.

Articles 5 and 6(2) of the Convention. Variable distribution of hours of work over a period longer than a week – Temporary exceptions – Overtime pay. Further to previous comments concerning the averaging of working hours(Article 5), as well as the limitations on overtime and the rate of overtime pay(Article 6(2)), the Committee notes the Government’s statement that it disapproves the rigidity of these standards and that, in the interest of facilitating flexible working time schedules and also favouring solutions freely agreed upon between employers and employees, it has no plans to amend its legislation to bring it into conformity with the Convention. Notwithstanding the Government’s policy options in matters of working time regulation, the Committee draws once again attention to the requirements of the Convention, in particular the need to: (i) limit the use of averaging of working hours to exceptional cases where the normal eight/48-hour limits cannot be applied; (ii) fix reasonable overall limits to the number of overtime hours that may be allowed in the week and in the year; and (iii) provide in all circumstances for the payment of overtime hours at no less than 125 per cent of the ordinary wage rate, irrespective of any compensatory rest granted to the worker concerned.The Committee hopes that in the interest of maintaining a meaningful dialogue with the ILO’s supervisory bodies, the Government will consider appropriate measures to bring the national legislation into closer conformity with the Convention on these matters.

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

Article 2 of the Convention. General standard on daily hours of work – Standby periods. The Committee notes the most recent amendments to the Labour Code, introduced by Act No. 365/2011 Coll., which took effect in January 2012, and Act No. 155/2013 Coll., which took effect in August 2013. In this connection, the Committee notes that section 82 of the Labour Code, which had previously set a maximum limit for working hours scheduled evenly to individual weeks to nine hours, has been repealed, and section 83 now provides for a unified maximum shift length of 12 hours for unevenly and evenly distributed working hours of employees. In reply to comments made by the Czech–Moravian Confederation of Trade Unions (ČM KOS), the Government explains that it does not currently foresee any steps to lower the limit on daily hours of work, as this arrangement gives the employer more flexibility to schedule the hours of work and employees gain longer uninterrupted rest periods. The Committee is bound to recall that the Convention establishes as a general standard an eight-hour working day and 48-hour working week. These limitations on normal working hours laid down in the Convention should be viewed as a strict maximum limits, which are not liable to variation or waiver at the free will of the parties. The Convention allows, of course, for exceptions but only in limited cases and under well-circumscribed conditions. The Committee accordingly requests the Government to take appropriate measures to ensure that the daily limit on the normal hours of work is brought into conformity with the Convention.

In addition, the Committee recalls its previous comment concerning standby periods in which it noted that the term “hours of work” might encompass the time spent on call within the meaning of the Convention, depending on the extent to which the worker is restricted from engaging in personal activities during that time. The Committee notes, in this respect, the Government’s statement that the only material criterion must be the presence or absence of the employee at his/her workplace, and refers in support of that statement to the case law of the European Court of Justice (Simap case C-303/98). The Committee is bound to reiterate the view expressed in paragraph 51 of its 2005 General Survey on hours of work, according to which the time spent on call may or may not be regarded as hours of work within the meaning of the Convention, depending on the extent to which the workers is restricted from engaging in personal activities during that time. With respect to the jurisprudence of the European Court of Justice, reference may also be made to the Jaeger Case (C-151/02) in which the Court placed emphasis not on the employee’s physical presence at the workplace, but rather his presence “at the place determined by [the employer] for the whole duration of periods of on-call duty” therefore subjecting him to “greater constraints since he has to remain apart from his family and social environment and has less freedom to manage the time during which his professional services are not required” (paragraph 65). The Committee therefore considers that sections 78(1)(h) and 95(3) of the Labour Code, which provide that standby periods that take place at a location agreed by the employer are not included in working time when work is not immediately performed, are not consistent with the letter and the spirit of the Convention. The Committee accordingly requests the Government to consider the necessary steps in order to ensure that the provisions of the Labour Code on standby periods fully reflect the approach suggested above.

Articles 5 and 6(2) of the Convention. Variable distribution of hours of work over a period longer than a week – Temporary exceptions – Overtime pay. Further to previous comments concerning the averaging of working hours (Article 5), as well as the limitations on overtime and the rate of overtime pay (Article 6(2)), the Committee notes the Government’s statement that it disapproves the rigidity of these standards and that, in the interest of facilitating flexible working time schedules and also favouring solutions freely agreed upon between employers and employees, it has no plans to amend its legislation to bring it into conformity with the Convention. Notwithstanding the Government’s policy options in matters of working time regulation, the Committee draws once again attention to the requirements of the Convention, in particular the need to: (i) limit the use of averaging of working hours to exceptional cases where the normal eight/48-hour limits cannot be applied; (ii) fix reasonable overall limits to the number of overtime hours that may be allowed in the week and in the year; and (iii) provide in all circumstances for the payment of overtime hours at no less than 125 per cent of the ordinary wage rate, irrespective of any compensatory rest granted to the worker concerned. The Committee hopes that in the interest of maintaining a meaningful dialogue with the ILO’s supervisory bodies, the Government will consider appropriate measures to bring the national legislation into closer conformity with the Convention on these matters.

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

Article 1(1) of the Convention.  Scope of application. The Committee notes that section 100(1) of the 2006 Labour Code provides that the Government shall establish by decree the exceptions to the rules concerning hours of work and rest periods which will be applicable to workers employed in the transport sector. It notes that the Government refers in its report to Ordinance No. 589/2006, which regulates hours of work in the transport sector. Recalling that, under the terms of Article 1(d), the Convention applies to the transport of passengers or goods by road or rail, including the handling of goods at docks, the Committee requests the Government to supply a copy of Ordinance No. 589/2006 and any other relevant information on regulations concerning hours of work in the transport sector.

Article 2. Daily hours of work. The Committee notes that section 79 of the Labour Code states that normal weekly hours of work may not exceed 40 and establishes lower limits for workers employed in underground work or shift work and for workers under 18 years of age. It further notes that section 82 of the Labour Code limits the working day to nine hours where weekly hours of work are distributed equally throughout the week but that the working day may be extended to 12 hours if an agreement on this is reached between the worker concerned and his/her employer. The Committee draws the Government’s attention to this double limitation imposed by the Convention on hours of work, which may not exceed eight hours per day or 48 hours per week, except in exceptional cases provided for by the Convention and subject to strict conditions. Weekly hours of work may be distributed unevenly provided that the working day does not exceed nine hours. Setting 12 hours as the limit for daily hours of work therefore appears contrary to the letter and spirit of the Convention, the prime objective of which is to protect workers’ health against excessive fatigue. The Committee therefore hopes that the Government will take steps in the near future to lower the limit on daily hours of work so as to bring it into conformity with the requirements of the Convention. The Committee also requests the Government to indicate the absolute limits which are applicable to daily and weekly hours of work for workers under 18 years of age who combine two or more jobs.

Standby periods. The Committee notes the Government’s statement to the effect that, in accordance with section 78(1)(a) of the Labour Code, the term “hours of work” includes not only periods during which workers are actually obliged to do work for their employer but also the periods during which they are at the workplace and ready to carry out the employer’s instructions. It notes that standby periods are defined in section 78(1)(h) of the Labour Code as periods during which workers are ready, in the event of an emergency, to do work outside their normal working hours. It notes that the workers must, during standby periods, be at a location agreed with their employer but which is not necessarily the workplace. In this regard the Committee refers to the definition of hours of work given by Article 2 of the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), which also provides guidance for the application of Convention No. 1, namely, “the term ‘hours of work’ means the time during which the persons employed are at the disposal of the employer”. The essential criterion here is therefore the fact of being at the disposal of the employer, without presence at the workplace necessarily being required. In its General Survey of 2005 on hours of work (paragraph 51), the Committee emphasized that the time spent “on call” may or may not be regarded as “hours of work” within the meaning of the Conventions, depending on the extent to which the worker is restricted from engaging in personal activities during that time. The Committee requests the Government to indicate the steps taken or contemplated to ensure that the determination of standby periods not counted as hours of work is carried out on the basis of the abovementioned criteria.

Article 5. Averaging of working hours. The Committee notes that section 83 of the Labour Code allows the averaging of working time over a period of 26 weeks, with the possibility of extending it to 52 weeks by collective agreement, without such working time arrangements being subject to particular conditions. The Committee recalls that the averaging of working hours whereby the normal limits fixed by the Convention – eight hours per day and 48 hours per week – are exceeded is only authorized by the Convention, except in the specific cases of shift work (Article 2(c)) and non-stop production (Article 4), in exceptional cases where these normal limits cannot be applied (Article 5). The Committee trusts that the Government will take the necessary steps as soon as possible to regulate the establishment of systems for averaging working hours so as to bring them into conformity with the Convention and requests the Government to supply all relevant information concerning any developments in this respect.

Article 6(2). Limitations on overtime. The Committee notes that, under the terms of section 93 of the Labour Code, the number of overtime hours may not exceed eight hours per week and 150 hours per year, except in the case of an agreement between the employer and the worker with regard to exceeding these limits. It notes that, in such a case, the amount of overtime may not exceed eight hours per week on average over a period of 26 weeks, which may be extended to 52 weeks by means of collective agreement. Finally, the Committee notes that overtime which has been the subject of compensatory rest is not included in the abovementioned limits. The Committee draws the Government’s attention to the fact that the possibility of averaging the authorized number of overtime hours may lead to a very high number of overtime hours being worked in the course of certain weeks, especially as the overtime hours which are the subject of compensatory rest are not included in the limits laid down by the Labour Code. Account must also be taken of the fact that normal hours of work may already be high in certain weeks under systems for averaging hours of work. In this regard the Committee emphasizes that the obligation to set limits on extensions of working hours in the context of temporary exemptions from the normally applicably rules implies, for the spirit of the Convention to be respected, that these limits should be reasonable. Although limits of eight hours per week and 150 hours per year may be regarded as reasonable, it is a different matter when the limits are averaged since no absolute limits are then applicable. The Committee therefore hopes that the Government will be in a position to impose reasonable limits on the number of overtime hours, irrespective of whether an agreement exists on this point between the employer and the worker.

Overtime pay. The Committee notes that sections 114 and 127 of the Labour Code state that overtime shall be paid at a 25 per cent higher rate than the regular rate (and even 50 per cent higher in certain cases), unless the worker concerned and the employer agree to replace the higher rate of pay with compensatory rest. The Committee draws the Government’s attention to the fact that Article 6(2) of the Convention requires overtime to be paid at a higher rate, regardless of whether compensatory rest is granted. The effect of this obligation is also to limit the use of overtime in view of the cost that it represents to employers. The Committee therefore hopes that the Government will amend the relevant provisions of the Labour Code as soon as possible in order to bring them into conformity with the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to supply general information on the manner in which the Convention is applied in practice, including, for example, extracts from the reports of the inspection services, information on the number of workers protected by the legislation, the number and nature of infringements reported, the measures taken to deal with them, and also statistics on the number of employees working more than 48 hours per week and the extent to which systems for the annualization of working time have been established, as well as any other relevant information concerning other working time arrangements, including “time savings account” systems. Finally, the Committee requests the Government to supply, if possible, statistics on the number of workers who occupy more than one job.

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:

Article 2 of the Convention. Standby arrangements. According to section 83(5) of the Labour Code, “standby” shall mean the time during which an employee is in a state of readiness to carry out work covered by an employment contract but which, in the event of urgent need, must be carried out in addition to his/her scheduled work. Section 95(4) stipulates, however, that when no work is done during a period of standby, it shall not be counted as working time. Section 95(2) further stipulates that an agreement may be made for standby up to a maximum of 400 hours per calendar year. The remuneration for standby when no work is done, according to the Act on Wages, Remuneration for Standby and Average Earnings (Act No. 1/1992, as amended by Act No. 217/2000), is 10–20 per cent of the average wage, unless otherwise agreed through collective bargaining agreement or an employment contract. The Committee refers to its General Survey of 2005, concerning the Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), in particular, to the discussion on “on-call time” in paragraphs 48–51. The Government is requested to indicate how it is ensured that the time spent on standby is in line with the provisions contained in the Convention. The Committee also requests the Government to provide judicial decisions, if any, on the subject of “on-call time” as well as any other information on how section 83(5) of the Labour Code is applied in practice.

Article 5. Averaging of working time. Section 85(1) of the Labour Code regulates the averaging of working time for a period of up to one year if the nature of the work or the operating conditions do not allow working time to be scheduled evenly over individual weeks. This may not only be done after consulting the competent trade union over a period agreed in the collective bargaining agreements but also after discussion with the individual employee. The Committee points out that exceptions to the general working time as a general rule should not be left to the decision of the individual employer, even with the agreement of the worker. Other than the exceptions to the general working time in cases of accidents, urgent work or force majeure (Article 3) and continuous processes (Article 4), permanent and temporary exceptions to the general working time always require government participation, in order to safeguard workers’ interests and to ensure that daily or weekly limits of working hours do not jeopardize the health of the workers and leave sufficient space for their social activities. The Committee requests the Government to provide information on the exceptions made under section 85 of the Labour Code and to indicate how it ensured that all exceptions to the ordinary working hours, as enshrined in Article 2, are in line with the requirements of the Convention.

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

The Committee notes that the Government’s report has not been received. It also notes the adoption of the new Labour Code, Act No. 262/2006 Coll., which repeals Act No. 65/1965 as amended. It hopes that in the light of the provisions of the new Labour Code, 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:

Article 2 of the Convention. Standby arrangements. According to section 83(5) of the Labour Code, “standby” shall mean the time during which an employee is in a state of readiness to carry out work covered by an employment contract but which, in the event of urgent need, must be carried out in addition to his/her scheduled work. Section 95(4) stipulates, however, that when no work is done during a period of standby, it shall not be counted as working time. Section 95(2) further stipulates that an agreement may be made for standby up to a maximum of 400 hours per calendar year. The remuneration for standby when no work is done, according to the Act on Wages, Remuneration for Standby and Average Earnings (Act No. 1/1992, as amended by Act No. 217/2000), is 10–20 per cent of the average wage, unless otherwise agreed through collective bargaining agreement or an employment contract.

The Committee directs the Government to its General Survey of 2005, concerning Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), in particular, to the discussion on “on-call time” in paragraphs 48–51. In light of this, the Government is requested to indicate how it ensures that the time spent on standby is in line with the provisions contained in the Convention. It also requests the Government to provide judicial decisions, if any, on the subject of “on-call time” as well as any other information on how section 83(5) of the Labour Code is applied in practice.

Article 5. Averaging of working time. Section 85(1) of the Labour Code regulates the averaging of working time for a period of up to one year if the nature of the work or the operating conditions do not allow working time to be scheduled evenly over individual weeks. This may not only be done after consulting the competent trade union over a period agreed in the collective bargaining agreements but also after discussion with the individual employee.

The Committee points out that exceptions to the general working time as a general rule should not be left to the decision of the individual employer, even with the agreement of the worker. Other than the exceptions to the general working time in cases of accidents, urgent work or “force majeure” (Article 3) and continuous processes (Article 4), permanent and temporary exceptions to the general working time always require government participation, in order to safeguard workers’ interests and to ensure that daily or weekly limits of working hours do not jeopardize the health of the workers and leave sufficient room for their social activities. The Committee requests the Government to provide information on the exceptions made under section 85 of the Labour Code and to indicate how it ensures that all exceptions to the ordinary working hours, as enshrined in Article 2, are in line with the requirements of the Convention.

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

The Committee notes the amendment of the Labour Code (Act No. 65/1965, as amended by Act No. 312/2002). It also notes the observations made by the Czech-Moravian Confederation of Trade Unions (ČMKOS), received through the Government, on the national regulations on standby time, on which it expresses concern.

Article 2 of the Convention. Standby arrangements. According to section 83(5) of the Labour Code, "standby" shall mean the time during which an employee is in a state of readiness to carry out work covered by an employment contract but which, in the event of urgent need, must be carried out in addition to his/her scheduled work. Section 95(4) stipulates, however, that when no work is done during a period of standby, it shall not be counted as working time. Section 95(2) further stipulates that an agreement may be made for standby up to a maximum of 400 hours per calendar year. The remuneration for standby when no work is done, according to the Act on Wages, Remuneration for Standby and Average Earnings (Act No. 1/1992, as amended by Act No. 217/2000), is 10-20 per cent of the average wage, unless otherwise agreed through collective bargaining agreement or an employment contract.

The Committee directs the Government to its General Survey of 2005, concerning Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), in particular, to the discussion on "on-call time" in paragraphs 48-51. In light of this, the Government is requested to indicate how it ensures that the time spent on standby is in line with the provisions contained in the Convention. It also requests the Government to provide judicial decisions, if any, on the subject of "on-call time" as well as any other information on how section 83(5) of the Labour Code is applied in practice.

Article 5. Averaging of working time. Section 85(1) of the Labour Code regulates the averaging of working time for a period of up to one year if the nature of the work or the operating conditions do not allow working time to be scheduled evenly over individual weeks. This may not only be done after consulting the competent trade union over a period agreed in the collective bargaining agreements but also after discussion with the individual employee.

The Committee points out that exceptions to the general working time as a general rule should not be left to the decision of the individual employer, even with the agreement of the worker. Other than the exceptions to the general working time in cases of accidents, urgent work or "force majeure" (Article 3) and continuous processes (Article 4), permanent and temporary exceptions to the general working time always require government participation, in order to safeguard workers’ interests and to ensure that daily or weekly limits of working hours do not jeopardize the health of the workers and leave sufficient room for their social activities. The Committee requests the Government to provide information on the exceptions made under section 85 of the Labour Code and to indicate how it ensures that all exceptions to the ordinary working hours, as enshrined in Article 2, are in line with the requirements of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report on application of the Convention. It requests the Government to supply further information on the following matters.

Article 1 of the Convention. The Government is requested to indicate if effect has been given to section 85(a) of the Labour Code which provides that the competent authorities may, by regulations on labour, schedule the work time for employees in transportation and communications and for employees in customs administration. The Committee wishes to draw the Government's attention to the inclusion in Article 1(d) of transport of passengers or goods by road, rail, sea or inland waterway, in the industrial undertakings to which the Convention must apply.

Article 2. The Committee wishes to recall that this Article of the Convention prescribes that working hours shall not exceed eight in the day. Furthermore, Article 2(b) lays down that the daily limit of working hours shall not be exceeded by more than one hour where working time over the week is distributed unequally. The Government is requested to indicate the legislative provisions or other relevant measures which ensure compliance with these two restrictions.

Article 6. The Government is requested to indicate the legislative provisions or other relevant measures which ensure that employers' and workers' representative organizations are consulted in accordance with paragraph 2 of the Convention to determine cases in which derogation from the normal working hours are permitted. In this respect, the Committee wishes to recall that the only cases where temporary derogation is admitted are those allowing undertakings to cope with extraordinary workloads (Article 2, paragraph 1(b), of the Convention).

Articles 7 and 8. The Government is requested to submit the information required under these two Articles of the Convention.