Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Application in practice. Articles 2–5 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. The Committee recalls that for a number of years it has been requesting the Government to communicate information sufficient to enable it to assess the manner in which the Convention is applied in law and practice in the country, in both the public and private sectors. In its response, the Government once again refers to sections 140 and 153 of the Labour Code as the main provisions implementing the Convention. The Government indicates that under section 140 of the Labour Code, the employer may allow qualifications to be upgraded, adding that section 153 of the Labour Code provides for employers to discuss measures aimed at enhancing employee qualifications with workers’ representatives. It adds that paid educational leave covers education for all purposes related to the job in question. While employers have generally granted paid educational leave for the purpose of upgrading workers’ qualifications according to the employers’ needs, the Government also indicates that specific regulations establish obligations on the employer in terms of providing paid educational leave for certain occupations, such as health workers. With regard to the Committee’s previous comments regarding the policy and measures taken to promote trade union education, the Government refers to section 240 of the Labour Code, which stipulates that the employer provides, inter alia, for employee representatives to participate in the education provided by the trade union body. The Committee notes the information provided by the Government on the development of education and training programmes for the labour market, which have opened up new opportunities for jobseekers. In this regard, the Committee recalls that the Convention calls for the development and implementation of a policy to promote the granting of paid educational leave for workers for educational purposes for a specified period during working hours (Article 1) and does not address the specific situation of jobseekers. The Committee requests the Government to provide information on any developments regarding the formulation and application of the policy and on measures taken in consultation with the social partners, to promote the granting of paid educational leave for the purpose of general, social and civic education (Article 2(b)), and trade union education (Article 2(c)). The Committee requests the Government to provide information on the impact of the new education and training programmes adopted with the aim to develop suitable educational leave strategies. It reiterates its request that the Government provide information on the application of the Convention in practice both in private and in the public sectors by including, for instance, extracts from reports, studies, inquiries, and statistics on the numbers of workers granted paid educational leave.

Articles 5 and 6. Arrangements for paid educational leave through collective agreements. Participation of the social partners. The Government reports that, according to data from the 2017 statistical survey, 24.2 per cent of employers provided benefits to increase the qualification of their employees. The report notes that 18.6 per cent of organizations without trade union membership provided such benefits, compared to 45.3 per cent of organizations with a trade union. The Government refers to the social fund for employee training which is used for education support. It adds that employers are required to dedicate a certain part of the social fund towards education and training for their employees. Where a trade union is present, the use of the social fund is agreed by the social partners in a collective agreement. The trade union can also allocate financial resources for employee training. The Government indicates that 13.4 per cent of employers with trade union membership have stated that employee training is directly covered by the trade union. The Government further indicates that the social partners are always part of the process leading to the adoption of national legislation and strategies. The Committee notes, however, that the Government does not provide specific information regarding the manner in which the employers’ and workers’ organizations are involved in the formulation and implementation of policies for the promotion of paid educational leave for the purposes set out in the Convention. The Committee therefore requests the Government to indicate the specific measures envisaged to promote the participation of the social partners in the formulation and application of the policy for the promotion of paid educational leave for all of the purposes envisaged under Article 2(a)–(c). The Committee also requests the Government to provide information concerning the employer’s obligation to constitute a social fund for employee training, and the manner in which these resources are used in practice to finance paid educational leave for the purposes contemplated under Article 2.