Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Night Work Convention, 1990 (No. 171) - Slovakia (Ratification: 2002)

Article 6, paragraph 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 Act No.461/2003 Coll. on social insurance and Act No. 462/2003 Coll. on income replacement in temporary incapacity for work of the employee give effect to these requirements of the Convention. However, the Committee has been unable to identify in these instruments any provision(s) specifically regulating the situation set out in Article 6(2) of the Convention. It accordingly requests the Government to specify the legal provision(s), and transmit copy of any relevant text, providing for the special treatment of workers permanently unfit to work at night, as prescribed by this Article of the Convention.

Article 9. Social services. In reply to its previous comment, the Committee notes the Government’s reference to sections 1(6) and 231(1) of the Labour Code which provide, in general terms, for the possibility of concluding collective agreements establishing more favourable working and employment conditions than those laid down in the general labour legislation. Noting that the provisions of the Convention may be implemented not only by laws and regulations but also by collective agreements (Article 11), and also recalling that the Convention allows for the progressive implementation of the specific measures required by the nature of night work (Article 3), the Committee requires the Government to provide more detailed information – including copies of relevant collective agreements – on the different measures, benefits or facilities designed to address the specific constraints on night workers (for instance, in terms of family life, quality of rest, transport, etc.).

Part V of the report form. Application in practice. The Committee requests the Government to supply 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, labour inspection results showing the number of infringements of the labour legislation in respect of night work, etc.