Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Slovakia

Hours of Work (Industry) Convention, 1919 (No. 1) (Ratification: 1993)
Holidays with Pay Convention, 1936 (No. 52) (Ratification: 1993)
Night Work Convention, 1990 (No. 171) (Ratification: 2002)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work), 52 (holidays with pay) and 171 (night work) together.

A. Hours of work

Article 2 of Convention No. 1. Daily and weekly limits on the hours of work. Shift work. Transport sector. The Committee notes that pursuant to section 13(1) of the Working Time in Transport Act, shifts are fixed at 15 hours for employees in railway transport and at 13 hours for train drivers. The Committee also notes that 10 daily working hours are permitted under section 26(1) of the Working Time in Transport Act for drivers working in passenger transport. The Committee observes that the abovementioned Act does not seem to contain a clear weekly limit to working hours for employees in railway transport. The Committee also recalls that the Convention establishes a double cumulative limit on normal working hours of eight hours per day and 48 hours per week, and that where persons are employed in shifts it shall be permissible to employ them in excess of eight hours in any one day and 48 hours in any one week, if the average number of hours over a period of three weeks or less does not exceed eight per day and 48 per week (Article 2(c)).The Committee requests the Government to indicate in which manner it ensures that the requirements of the Convention concerning daily and weekly working hours are applied to railway transport employees, train drivers and passenger transport drivers.

B. Annual paid leave

Article 1 of Convention No. 52. Application of the Convention to the civil service and workers performing public functions. The Committee notes that, pursuant to section 2 of the Labour Code, the provisions of the Labour Code apply to the civil service and to workers performing public functions only where it is specified by special regulation. The Committee requests the Government to indicate the manner in which the Convention applies to workers in the civil service and performing public functions, including by specifying whether those workers are covered by the provisions of the Labour Code.

Article 4. Prohibition to relinquish or forgo the right to annual holidays with pay. Following its previous comments, the Committee notes the Government’s indication that section 116(3) of the Labour Code does not allow for cash compensation in lieu of holidays in situations other than the termination of employment. The Committee takes note of this information, which addresses its previous request.

C. Night work

Article 2 of Convention No. 171. Application of the Convention to the civil service and workers performing public functions. The Committee notes that, pursuant to section 2 of the Labour Code, the provisions of the Labour Code apply to the civil service and to workers performing public functions only where it is specified by special regulation. Accordingly, the Committee requests the Government to indicate the manner in which the Convention is applied to workers in the civil service and performing public functions when they are considered night workers or when they perform night work, including by specifying whether those workers are covered by the Labour Code.

Article 6(2). Persons permanently unfit for night work. Following its previous comments on this matter, the Committee notes the Government’s indication in its report, that workers permanently unfit for night work, and whose transfer to a similar position for which they are fit proves impracticable, are entitled to receive the same benefits as any other worker, in line with the principle of non-discrimination set out in the Anti-discrimination Act (365/2004). In addition, the Government indicates that entitlement to unemployment benefit, sickness or disability benefit, is regulated by the Act on Social Insurance (461/2003) and is based on the payment of regular contributions to the system of social insurance, which ensures equal treatment between persons who have been found unfit for night work and other workers who are unable to work or to secure employment. The Committee takes note of this information, which addresses its previous request.

Article 9. Social services. Following its previous comments on measures taken to give effect to Article 9, the Committee notes the Government’s reference to the employers’ obligation to take measures related to occupational safety and health, as well as to Part Seven of the Labour Code on the provision of catering, living conditions and recreation for workers. The Government further indicates that the implementation of those rules is handled at the undertaking level, with each employer identifying how to implement those provisions according to their needs. The Committee requests the Government to continue to provide informationon any developments regarding measures taken, in law or in practice, on the provision of appropriate social services to night workers.