Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Slovakia (Ratification: 1997)

1. The Committee notes that the Government’s report has not been received. With reference to its observation of 2003, in which it noted that in reply to the comments made by the Confederation of Trade Unions of the Slovak Republic (KOZ SR), which emphasized the absence of consultations on draft laws before their submission to Parliament, the Government stated that it did not agree with the facts as indicated which, in its view, did not fall within the scope of the Convention. The Committee recalled in this respect that the fundamental obligation of Convention No. 144 is contained in Article 2, paragraph 1, according to which the State Party "undertakes to operate procedures which ensure effective consultations (…) between representatives of the Government, of employers and of workers". As indicated by the Committee of Experts in its General Survey of 2000, for the consultations to be meaningful, they should not be merely a token gesture, but should be given serious consideration by the competent authorities so that they can inform the final decision. In this respect, the Committee noted that "the outcome of the consultations should not be regarded as binding" and that "the ultimate decisions must rest with the Government or legislator, as the case may be". It also recalled the resolution on tripartism and social dialogue, adopted by the Conference at its 90th Session (June 2002), which called for governments and the organizations of employers and workers to promote and reinforce tripartism and social dialogue, which "have proved to be a valuable and democratic means to address social concerns, build consensus, help elaborate international labour standards and examine a wide range of labour issues on which the social partners play a direct, legitimate and irreplaceable role". The Committee once again requests the Government to provide information in its next report on the progress made in the establishment of effective tripartite consultations on the matters covered by Article 5, paragraph 1, and particularly on the consultations held in relation to the legislative amendments submitted to Parliament.

2. As the Office forwarded to the Government in October 2004 the new comments made by the Confederation of Trade Unions of the Slovak Republic (KOZ SR) on the application of Convention No. 144, the Committee hopes that the Government will provide its comments in its next report in reply to the matters raised by the KOZ SR.

[The Government is asked to reply in detail to the present comments in 2005.]