Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 140) sur le congé-éducation payé, 1974 - Tchéquie (Ratification: 1993)

Articles 2 and 6 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. Participation of the social partners. The Committee recalls that, for nine years, it has been requesting the Government to provide information on the development and implementation of a policy and the measures taken or envisaged – in consultation with the representative employers’ and workers’ organizations – to promote the granting of paid educational leave for the purposes envisaged in Article 2 of the Convention. The Committee has also repeatedly requested the Government to provide extracts of the relevant collective agreements together with extracts of reports, studies or inquiries relating to the practical application of the Convention, and available statistics on the number of workers to whom paid educational leave was granted. The Committee observes that the Government does not provide information in relation to the development and implementation of a policy, or any measures taken or envisaged to promote the granting of paid educational leave. The Committee recalls that the Convention requires the Government to formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave for the purpose of occupational training at any level, general, social and civil education and trade union education (Article 2) in consultation with the social partners (Article 6). Moreover, in response to the Committee’s previous comments, the Government once again indicates that it does not have any statistics or data on the implementation of the Convention in practice. It adds that there is no information available on the number of employees who were granted paid educational leave, or in relation to the nature of the paid educational leave granted. The Government indicates that there is no system in place for the registration or storing of collective agreements which would enable data on this point to be extracted. It explains that this is mainly due to the private nature of collective agreements, where at the company level these are obligations agreed between the employer and the employees’ representatives. The Government indicates that providing information on provisions concerning paid educational leave in collective bargaining agreements would give rise to a significant administrative and financial burden. The Committee notes the Government’s indication that the monitoring of collective agreements takes place through special surveys on earning and working conditions, particularly the Average Earnings Information System (ISPV) and the independent survey under the Information Scheme on Working Conditions (IPP). However, neither of the two surveys collect data on paid educational leave. Noting that the collection of information is necessary to enable it to assess the manner in which effect is given to the Convention, the Committee encourages the Government to consider including one or more questions in the above-mentioned special surveys in relation to the nature and availability of paid educational leave for the purposes set out in Article 2 of the Convention. Moreover, as there is no information in the Government’s report indicating the manner in which Article 2 of the Convention is implemented, the Committee requests the Government to communicate the texts, including government statements, declarations and other documents, in which the policy on promoting paid educational leave is expressed. The Committee also reiterates its request that the Government provide detailed updated information on the manner in which the Convention is applied, including, for instance, extracts from reports, studies and inquiries, and statistics on the number of workers granted paid educational leave (Part V of the report form). In view of the concerns expressed by the Government regarding the collection of such information, the Committee recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

Article 8. Discrimination. In its previous comments, the Committee requested the Government to provide information on any measures adopted or envisaged to ensure that all workers enjoy equal access to paid educational leave. The Government refers once again to the principle of equal treatment and non-discrimination established in section 16(2) of the Labour Code, which prohibits all forms of discrimination in labour relationships. The Government reports that the inspections carried out by the labour inspection authority during the reporting period did not reveal any violations in this regard, nor have workers made specific suggestions to carry out any inspection proceedings on the issue of paid educational leave. The Government indicates that it can therefore be assumed that cases of unequal treatment and discrimination in relation to access to paid educational leave do not occur in practice. The Committee nevertheless notes that the absence of disaggregated data on the number of workers to whom paid educational leave was granted renders it impossible to assess the implementation in practice of this Article of the Convention. The Committee therefore reiterates its request that the Government provide information on any measures taken or envisaged to ensure that all workers, particularly those belonging to disadvantaged groups, enjoy equal access to paid educational leave.