Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Age Convention, 1973 (No. 138) - Slovakia (Ratification: 1997)

The Committee takes note of the Government’s report. The Committee requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application

1. Roma child workers. The Committee noted previously the comments made by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention in Slovakia, dated 16 November 2001, and forwarded to the Government by the Office on 2 January 2002, according to which the minimum age for admission to employment or work, set at 15 years, is not enforced in the Roma community. The Committee notes the Government’s statement, in its report, that section 217(a) of the Penal Code provides for penalties for employers who unlawfully employ persons under the age of 15 years. It further states that unlawful employment of children is punished by Act No. 95/2000 as amended by Act No. 231/2002 on Labour Inspection. The Committee notes that section 13(3)(d) of Act 95/2001 provides that labour inspectors shall be authorized to prohibit adolescent work and activities when performed in violation of pertinent provisions.

2. Self-employment. The Committee noted in its previous comments section 11(2) of the Labour Code, under the terms of which a natural person acquires the capacity to be subject to rights and obligations as an employee within labour relations and the capacity to acquire such rights and assume such obligations by her/his own legal actions on the day that that person reaches 15 years of age, but an employer must not agree upon a date for a natural person to take up employment prior to her/his completion of compulsory schooling. It noted that by virtue of section 1(1), the Labour Code applies to labour relations in connection with the employment of natural persons by legal or natural persons, as well as collective labour relations. The Committee notes the Government’s statement in its report that, by virtue of the Trade Act No. 455/1991, business in trade may be performed by a person of 18 years of age. The Committee recalls that the Convention applies to all kinds of work or employment whether or not there is a contractual relationship or remuneration, such as self-employment. The Committee requests the Government to provide a copy of the Trade Act No. 455/1991 and to provide a definition and examples of occupations falling under the term "business in trade".

Article 3, paragraph 2

1. Determination of hazardous work. The Committee noted that under paragraph 175(3) of the Labour Code, a list of work and workplaces that are prohibited for adolescents and persons of an age approximating that of an adolescent, as well as more detailed conditions under which adolescents may perform such work in the context of vocational training, shall be established by a Government regulation. The Committee notes that section 175(3) of the Labour Code has been amended in 2003 and that no reference is made therein to vocational training. It also notes the Government’s statement, in its report, that a regulation providing for a list of work and workplaces prohibited to adolescent employees has been drafted and will be promulgated in late 2003. The Committee reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of work or employment that are likely to jeopardize the health, safety and morals of children shall be determined in the national legislation after consultation with the organizations of employers and workers concerned, where such exist. The Committee hopes that the text will soon be adopted so as to bring the national legislation in line with the Convention. It asks the Government to provide a copy of the text as soon as it is adopted.

2. Consultations with organizations of employers and workers. The Committee noted the Government’s statement that consultations with organizations of employers and workers were held prior to the establishment of the lists of prohibited types of work, in accordance with section 3 of Act No. 106/99 ("Tripartite Act"). It noted that all measures concerning labour and social relations, including the above lists, are subject to tripartite consultation under the terms of the above Act. The Committee once again requests the Government to provide a copy of Act No. 106/99.

Article 6. Vocational training. The Committee notes that the Government provides information on vocational training in response to its previous comments. It notes the Government’s indication that section 173 of the Labour Code provides that an employer may employ adolescent employees only for such work as is appropriate to their physical and mental development and does not jeopardize their morality, and must provide them with increased care at work. The Committee also notes that this provision applies to schools and citizens associations where they organize works within their contribution to youth training. Thus these associations may only employ adolescents in works which are appropriate to their physical and mental development and do not jeopardize their morals; moreover, they shall provide them with increased care at work. It also notes that according to the Government’s indications, in its report to the International Bureau of Education in 2001, vocational secondary schools are part of secondary education, which begins after completion of compulsory schooling. Consequently, a child may not undertake vocational training before he/she reaches 15 years of age. The Committee requests the Government to provide a copy of Law No. 29/1987 on the system of basic and secondary education, 1990 as amended in 2000, Decrees Nos. 79/1991 and 145/1996 of the law code on admission to study in secondary schools, Decree No. 80/1991 of the law code on secondary schools as amended in 1995, and Decree No. 102/1991 of the law code on completing the education in secondary schools and the training in vocational schools and centres of practical training and on the conditions for establishing them.

Article 8. Artistic performances. The Committee had noted that section 11(4) of the Labour Code provides for the possibility of a person, who has not reached the age of 15 years, exceptionally to perform light work not affecting, by its character and scope, the person’s health, safety, further development or full-time schooling. The following type of work may be performed: (a) cultural and artistic performances; (b) sports events; and (c) advertising activities. The Committee also observed that, by virtue of section 11(5) of the Labour Code, authorization for the performance of light work must be given by the competent labour inspector, upon agreement with a health protection body, and must indicate the number of hours and conditions for the performance of light work. The Committee noted that no minimum age is determined for the performance of light work. The Committee notes the Government’s statement, in its report, that the labour inspectorate, subject to agreement with the health protection authority, makes the decision as to whether an occupation falls under light work. It also notes from the Government’s comments, in its report on the granting of permits to carry out light work, that subsections (4) and (5) of section 11 of the Labour Code appear to be complementary. Indeed, the Government indicates that one of the reasons given by the labour inspector to refuse granting a permit was that the work to be carried out failed to meet the criteria prescribed under section 11(4) of the Labour Code. The Committee also notes that the labour inspectors have granted 39 permits, which means that 419 persons under 15 years of age were authorized to carry out light work. The Committee asks the Government to state clearly whether light work refers solely to the participation in cultural performances and artistic performances, sports events and advertising activities. The Committee also requests the Government to continue providing information on the permits granted, including the age of the beneficiaries. It further asks the Government to supply information on the consultations which have taken place on this subject with the organizations of employers and workers concerned.

Article 9, paragraph 1. Sanctions. The Committee notes, with interest, that the Government provides information in its report on the sanctions ensuring the effective enforcement of the provisions of the Convention as requested by the Committee in its previous comments. The Committee notes that, according to the Government, section 17 of Act No. 231/2002, an employer may be fined SKK 1,000,000 (approximately 25,000 euros) for breach of duties arising from the labour law regulations.

Article 9, paragraph 2. Person responsible for compliance. Noting the absence of any reference in the Government’s report to the person responsible for compliance with the provisions giving effect to the Convention, the Committee once again requests the Government to provide information on this point.

Part V of the report form. The Committee again asks the Government to provide information on the application in practice of the Convention, including, for instance, statistical data on the employment of children and young persons, extracts from the reports of inspection services in the Ministry of Labour and Social Security, information on the number and nature of contraventions reported, etc.