Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

Convention (n° 95) sur la protection du salaire, 1949 - Tchéquie (Ratification: 1993)

The Committee has noted the Government's report, as well as the texts of the Constitution (adopted in 1991), the Labour Code (Act No. 65/1965, as amended so far by Act No. 37/1993), and the Act No. 1/1992 concerning wages, remuneration for workers on a stand-by, and average earnings. It asks the Government to supply copies of other legislation referred to in the report, which give effect to the provisions of the Convention, if this has not already been done. The Committee also requests the Government to provide further information on the following points.

Article 1 of the Convention. The Committee notes that, under section 4(2) of the Act No. 1/1992, "wage compensation" and "cash compensation" are, among other things, not deemed to constitute wages. It asks the Government to clarify what is meant by these terms.

Article 4. The Committee requests the Government to provide a copy of the Regulation made under section 123(1)(d) of the Code concerning the payment of wages in kind.

Article 7. The Committee notes that the Government refers to section 7(2) of the Code, while the text of the Code available at the Office indicates that its section 7 has been repealed. It asks the Government to provide a copy of the latest version of the provision in question. Noting in addition that, according to the Government, the cited provision prohibits in general terms the misuse of rights and obligations ensuing from the employment relationship, the Committee requests the Government to indicate any other measures taken or envisaged to ensure that the workers are not coerced to make use of works stores or services operated in connection with an undertaking.

Articles 8 and 10. The Committee requests the Government to supply a copy of Government Decree No. 185/1993, in relation to the extent to which deductions from wages may be made.

Article 12(1). The Committee notes that, under section 119(1) of the Code and section 10(1) of the Act, a wage payment interval longer than the usual one month may be fixed by individual employment contracts. It asks the Government to take measures to ensure that in such cases wages are paid at the fixed interval of time.

Article 15(c). The Committee notes from the Government's report, as well as from the provisions of sections 270a and 270b that the bodies authorized to carry out inspections can prescribe penalties for violations of legislative provisions. It asks the Government to indicate the penalties actually prescribed by such bodies concerning violations in relation to wage payment, and to provide a copy of relevant laws or regulations.