Night Work Convention, 1990 (No. 171) - Czechia (Ratification: 1996)

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 6(2) of the Convention. Persons medically unfit for night work. Further to its previous comment, the Committee notes the Government’s indication that the social security legislation regulating unemployment, sickness or disability benefits does not contain any provisions that would differentiate in any manner among the various groups of workers covered, including workers whose transfer from night to day work is impracticable, and that therefore the workers in this latter situation are treated in the same manner as other categories of workers. The Committee is bound to recall that the Convention specifically requires that workers who have been certified medically unfit for night work – though they may not be unfit for day work – and whose transfer to an alternative position proves impracticable, should enjoy the same benefits as other workers who are generally unable to work. The Committee notes, in this regard, the comments of the Czech-Moravian Confederation of Trade Unions (CMKOS), according to which Article 6(2) of the Convention is not sufficiently implemented by the labour legislation.The Committee accordingly requests the Government to indicate the specific provisions, if any, in the social security legislation, which guarantee that a night worker who is medically unfit for night work and whose transfer to a day position is impracticable, would be entitled to social security coverage (for instance unemployment benefit) as other workers unable to work.

Article 7(3). Maternity protection. In its previous comment, the Committee invited the Government to consider adopting specific provisions giving effect to Article 7(3)(c) of the Convention, which seeks to ensure that a pregnant woman worker does not lose any benefits regarding status, seniority and access to promotion that may be attached to her regular night work position during the 16 week period that she may need to be transferred to an alternative day work. In its latest report, the Government explains that any differentiated treatment during such period would constitute discrimination on the grounds of pregnancy and maternity within the meaning of section 2(4) of the Anti-Discrimination Act No. 198/2009, and would also violate section 16(2) of the Labour Code, which prohibits any form of discrimination in labour relations. While noting the explanations of the Government that the existing legislation, in particular the Anti-Discrimination Act (Act No. 198/2009) and the Labour Code, already prohibits discrimination on the grounds of pregnancy and maternity, the Committee considers that those protective principles should preferably be spelled out in the relevant legislation rather than being regarded as implicitly covered by the general principle of non-discrimination, as Article 7requires specific measures in the context of night work.The Committee therefore hopes that the Government will consider taking measures to introduce express legal provisions giving effect to the requirements of Article 7(3)(c) of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 6(2) of the Convention. Persons medically unfit for night work. Further to its previous comment, the Committee notes the Government’s indication that the social security legislation regulating unemployment, sickness or disability benefits does not contain any provisions that would differentiate in any manner among the various groups of workers covered, including workers whose transfer from night to day work is impracticable, and that therefore the workers in this latter situation are treated in the same manner as other categories of workers. The Committee is bound to recall that the Convention specifically requires that workers who have been certified medically unfit for night work – though they may not be unfit for day work – and whose transfer to an alternative position proves impracticable, should enjoy the same benefits as other workers who are generally unable to work. The Committee notes, in this regard, the comments of the Czech-Moravian Confederation of Trade Unions (CMKOS), according to which Article 6(2) of the Convention is not sufficiently implemented by the labour legislation. The Committee accordingly requests the Government to indicate the specific provisions, if any, in the social security legislation, which guarantee that a night worker who is medically unfit for night work and whose transfer to a day position is impracticable, would be entitled to social security coverage (for instance unemployment benefit) as other workers unable to work.

Article 7(3). Maternity protection. In its previous comment, the Committee invited the Government to consider adopting specific provisions giving effect to Article 7(3)(c) of the Convention, which seeks to ensure that a pregnant woman worker does not lose any benefits regarding status, seniority and access to promotion that may be attached to her regular night work position during the 16 week period that she may need to be transferred to an alternative day work. In its latest report, the Government explains that any differentiated treatment during such period would constitute discrimination on the grounds of pregnancy and maternity within the meaning of section 2(4) of the Anti-Discrimination Act No. 198/2009, and would also violate section 16(2) of the Labour Code, which prohibits any form of discrimination in labour relations. While noting the explanations of the Government that the existing legislation, in particular the Anti Discrimination Act (Act No. 198/2009) and the Labour Code, already prohibits discrimination on the grounds of pregnancy and maternity, the Committee considers that those protective principles should preferably be spelled out in the relevant legislation rather than being regarded as implicitly covered by the general principle of non-discrimination, as Article 7 requires specific measures in the context of night work. The Committee therefore hopes that the Government will consider taking measures to introduce express legal provisions giving effect to the requirements of Article 7(3)(c) of the Convention.

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

Article 6(2) of the Convention. Persons permanently unfit for night work. The Committee recalls its previous comment in which it requested the Government to indicate how it is ensured in law and practice that workers who are permanently unfit to work at night – but may not necessarily be unfit for day work – and whose transfer to an alternative position proves impracticable, enjoy the same benefits, for instance, unemployment, sickness or disability benefits, as those day workers who are generally unfit for work. In its reply, the Government indicates that sections 41(1)(f) and 53(1)(e) of the new Labour Code No. 262/2006 Coll., which deal with the transfer of a night worker unfit to an alternative work on health grounds and the protection of a worker temporarily unfit for night work from unfair dismissal, give effect to this requirement of the Convention. However, the Committee is bound to observe that these provisions relate to the requirements of Article 6(1) and (3) of the Convention but bear little relevance to the specific obligation set forth in Article 6(2). It accordingly requests the Government to introduce without further delay in the legislation provisions granting the special treatment to workers permanently unfit to work at night, as prescribed by this Article of the Convention, and to provide a copy of the text adopted for this end.

Article 7(3)(c). Maternity protection. The Committee notes the Government’s reference to sections 42–44 of Act No. 187/2006 Coll. on sickness insurance and to section 239 of the Labour Code, by virtue of which, when the transfer to daytime work of a pregnant woman or breastfeeding mother working at night results to a lower level of earnings, she is entitled to a compensatory benefit paid from sickness insurance funds. The Committee considers, however, that these provisions refer to the income protection of the woman worker, as required by Article 7(3)(b) of the Convention, but may not be deemed to give effect to Article 7(3)(c) which pertains to the maintenance of benefits regarding status, seniority or access to promotion during the temporary transfer to daytime work of a woman worker on maternity grounds. The Committee therefore requests the Government to adopt provisions giving effect to this Article of the Convention and to keep the Office informed of any development in this regard.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the number of infringements of the legislation on night work recorded from September 2003 to June 2008. It also notes that, according to these inspection results, the most frequently observed infringement is the failure to provide for a medical examination of an employee before assignment to night work. The Committee would be grateful if the Government would continue to provide all available information on the practical application of the Convention, including, for instance, statistics on the number of workers employed at night, the sectors of economic activity concerned, copies of relevant collective agreements containing clauses on special benefits or facilities for night workers, extracts from labour inspection reports showing the number of infringements of the labour legislation in respect of night work, etc.

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 4, paragraph 2, of the Convention. Health assessment. The Committee notes the Government’s indication that effect is given to this provision of the Convention through Act No. 101/2000 on personal data protection. More concretely, the Government refers to sections 4(b), 10 and 13 of the Act which qualify the personal data revealing a person’s state of health as sensitive data, and require that during the processing of personal data, measures should be taken to ensure that the person concerned does not suffer injury to his/her rights, especially the right to the preservation of human dignity, and also to ensure protection against unlawful intervention into the private and personal life of the person concerned as well as against unauthorized or accidental access or other misuse of personal data. The Committee would appreciate receiving a copy of the Act on personal data protection.

Article 6, paragraph 2. Workers unfit for night work. The Committee notes the Government’s explanations concerning the termination of employment, at the employer’s initiative, of a worker who is medically certified as unable to carry out his existing work and the related measures of protection or assistance, as regulated in sections 46(1)(d) and 47(1) of the Labour Code. The Committee considers, however, that these provisions are not strictly relevant to the obligation set forth in this Article of the Convention, namely that workers who are permanently unfit to work at night, but may not necessarily be unfit for day work, and whose transfer to an alternative post proves impracticable, should be entitled to the same benefits (for instance unemployment, sickness or disability benefits) as those day workers who are generally unfit for work. The Committee requests therefore the Government to take the necessary measures in order to give full effect to this provision of the Convention and to eliminate any ambiguity in this respect.

Article 7, paragraph 3(c). Maternity protection. While noting the Government’s reference to section 37(5) of the Labour Code, the Committee is bound to recall that this Article of the Convention calls for a specific legislative provision guaranteeing that during their temporary transfer to day work on maternity grounds, pregnant or breastfeeding workers may not suffer any loss with regard to benefits their regular night work position normally carries. The Committee therefore asks the Government to indicate the measures taken or envisaged in order to give effect to this requirement of the Convention.

Part V of the report form. Application in practice. The Committee would be grateful if the Government could continue providing up to date and detailed information regarding the application of the Convention in practice, including, for instance, extracts from labour inspection reports, copies of official studies on the extent and effects of night working in general, statistics on the number of workers covered by the relevant legislation, as well as any difficulties encountered in the application or enforcement 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 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 4, paragraph 2, of the Convention. The Committee notes the Government’s indication that effect is given to this provision of the Convention through Act No. 101/2000 on personal data protection. More concretely, the Government refers to sections 4(b), 10 and 13 of the Act which qualify the personal data revealing a person’s state of health as sensitive data, and require that during the processing of personal data, measures should be taken to ensure that the person concerned does not suffer injury to his/her rights, especially the right to the preservation of human dignity, and also to ensure protection against unlawful intervention into the private and personal life of the person concerned as well as against unauthorized or accidental access or other misuse of personal data. The Committee would appreciate receiving a copy of the Act on personal data protection.

Article 6, paragraph 2. The Committee notes the Government’s explanations concerning the termination of employment, at the employer’s initiative, of a worker who is medically certified as unable to carry out his existing work and the related measures of protection or assistance, as regulated in sections 46(1)(d) and 47(1) of the Labour Code. The Committee considers, however, that these provisions are not strictly relevant to the obligation set forth in this Article of the Convention, namely that workers who are permanently unfit to work at night, but may not necessarily be unfit for day work, and whose transfer to an alternative post proves impracticable, should be entitled to the same benefits, for instance unemployment, sickness or disability benefits, as those day workers who are generally unfit for work. The Committee requests therefore the Government to take the necessary measures in order to give full effect to this provision of the Convention and to eliminate any ambiguity in this respect.

Article 7, paragraph 3(c). While noting the Government’s reference to section 37(5) of the Labour Code, the Committee is bound to recall that this Article of the Convention calls for a specific legislative provision guaranteeing that during their temporary transfer to day work on maternity grounds, pregnant or breastfeeding workers may not suffer any loss with regard to benefits their regular night work position normally carries. The Committee therefore asks the Government to indicate the measures taken or envisaged in order to meet this requirement of the Convention.

Part V of the report form. The Committee notes the statistical information regarding the numbers of male and female workers who had regularly or occasionally been employed at night in 2002. The Committee would be grateful if the Government could continue providing up to date and detailed information regarding the application of the Convention in practice, including for instance, extracts from inspection reports, copies of official studies on the extent and effects of night working in general, statistics on the number of workers covered by relevant legislation, as well as any difficulties encountered in the application or enforcement of the Convention.

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

The Committee notes the Government’s report and the information supplied in reply to its previous comments.

Article 4, paragraph 2, of the Convention. The Committee notes the Government’s indication that effect is given to this provision of the Convention through Act No. 101/2000 on personal data protection. More concretely, the Government refers to sections 4(b), 10 and 13 of the Act which qualify the personal data revealing a person’s state of health as sensitive data, and require that during the processing of personal data, measures should be taken to ensure that the person concerned does not suffer injury to his/her rights, especially the right to the preservation of human dignity, and also to ensure protection against unlawful intervention into the private and personal life of the person concerned as well as against unauthorized or accidental access or other misuse of personal data. The Committee would appreciate receiving a copy of the Act on personal data protection.

Article 6, paragraph 2. The Committee notes the Government’s explanations concerning the termination of employment, at the employer’s initiative, of a worker who is medically certified as unable to carry out his existing work and the related measures of protection or assistance, as regulated in sections 46(1)(d) and 47(1) of the Labour Code. The Committee considers, however, that these provisions are not strictly relevant to the obligation set forth in this Article of the Convention, namely that workers who are permanently unfit to work at night, but may not necessarily be unfit for day work, and whose transfer to an alternative post proves impracticable, should be entitled to the same benefits, for instance unemployment, sickness or disability benefits, as those day workers who are generally unfit for work. The Committee requests therefore the Government to take the necessary measures in order to give full effect to this provision of the Convention and to eliminate any ambiguity in this respect.

Article 7, paragraph 3(c). While noting the Government’s reference to section 37(5) of the Labour Code, the Committee is bound to recall that this Article of the Convention calls for a specific legislative provision guaranteeing that during their temporary transfer to day work on maternity grounds, pregnant or breastfeeding workers may not suffer any loss with regard to benefits their regular night work position normally carries. The Committee therefore asks the Government to indicate the measures taken or envisaged in order to meet this requirement of the Convention.

Part V of the report form. The Committee notes the statistical information regarding the numbers of male and female workers who had regularly or occasionally been employed at night in 2002. The Committee would be grateful if the Government could continue providing up-to-date and detailed information regarding the application of the Convention in practice, including for instance, extracts from inspection reports, copies of official studies on the extent and effects of night working in general, statistics on the number of workers covered by relevant legislation, as well as any difficulties encountered in the application or enforcement of the Convention.

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

The Committee has noted with interest the Government’s first reports. It requests the Government to supply further information on the following points.

Article 4(2) of the Convention. While noting section 99(4) of the Labour Code regarding the medical examination of night workers, the Committee requests the Government to specify the legal provision, if any, which lays down that the findings of such health-care assessments must be treated with confidentiality and that they may not be used to the workers’ detriment.

Article 6(2). The Committee notes that there seems to exist no provision in the Labour Code regulating the case of night workers who are certified as unfit for night work and whose transfer to a similar job for which they are fit is impracticable. The Committee asks the Government to provide information on the application of the Convention in this respect.

Article 7(3)(c). While noting sections 37(1)(f) and 155 of the Labour Code, the Committee requests the Government to indicate the legal provision, if any, ensuring that a pregnant or breastfeeding woman worker or a working mother of a child under nine months of age, who is temporarily transferred from her regular night work position, shall not lose the benefits regarding status, seniority and access to promotion.

The Committee would be grateful to the Government for providing, in accordance with Part V of the report form, general information on the manner in which the Convention is applied in practice, including for instance, extracts from inspection reports, details on the categories of workers concerned, and any available statistics on the number of male and female workers employed at night.