Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Czechia (Ratification: 1993)

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The Committee notes the observations of the Czech-Moravian Confederation of Trade Unions (ČMKOS) transmitted with the Government’s report. The ČMKOS indicates that the Parliament is currently discussing an amendment bill in connection with the consolidation of the public budget, which abolishes the possibility of deducting membership fees of trade union members from the tax base as of January 2024, while retaining this option for employers’ organizations. According to the ČMKOS, this undermines the equality of the social partners and weakens the conditions for conducting social dialogue. The Committee notes the Government’s indication that the matter is currently under a legislative process and related consultations and it is therefore not appropriate to debate its outcome. The Committee requests the Government to continue to engage in consultations with the social partners to ensure that measures taken to consolidate the public budget do not adversely affect the trade union movement and, in particular, the rights enshrined in the Convention. The Committee requests the Government to provide information on the outcome of the process.

In its previous comment, the Committee requested the Government to provide additional information on the obligations set out in Act No. 563/1991 on Accounting to publish financial statements, including statutory review by auditors, as well as an annual report, which the ČMKOS considered excessive. It invited the Government to assess the application in practice of these requirements in consultation with the social partners. Noting that the Government does not provide any information in this respect, the Committee reiterates its previous request.

Article 2. Formation and registration of employers’ and workers’ organizations. In its previous comment, the Committee noted the Government’s indication that any difficulties in registering workers’ and employers’ organizations after the implementation of a new system were resolved but observed that, according to the ČMKOS, registration courts remained unable to register the establishment, changes and dissolution of such organizations. The Committee therefore requested the Government to provide its comments in this respect and to continue to monitor the process. Observing the lack of any information from the Government on this point, the Committee reiterates its request and expects that the administrative process for registering workers’ and employers’ organizations is now fully functional.

Article 3. Right of organizations to organize their activities and formulate their programmes. In its previous comment, the Committee noted that section 286(3) of the Labour Act allows a trade union in an undertaking to act only if at least three of its members are in an employment relationship with the employer (as opposed to relations outside of employment). The Committee requested the Government to collect information on any cases of trade unions unable to act in an employer’s undertaking on account of this requirement and encouraged the Government to continue reviewing the application of this section to ensure that it does not restrict in any way the exercise of trade union rights by workers in an employer’s undertaking who are not in an employment relationship. In the absence of any updates from the Government on this issue, the Committee reiterates its previous request.

The Committee also recalled the need to amend section 17 of the Act on Collective Bargaining to reduce the required super-majority threshold to hold a strike (two thirds of those participating in the vote, with a quorum of at least one half of all the employees). It also invited the Government to bring the social partners together for the purpose of legislatively regulating the right to strike in situations other than disputes regarding the conclusion of collective bargaining agreements. Noting that the Government does not provide any information in this regard, the Committee reiterates its previous request.

The Committee notes with regret that despite having submitted a report, the Government does not provide information on any of the Committee’s previous recommendations. The Committee trusts that the Government will be in a position to provide updated information on the above issues in its next report.