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

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

1. The Committee takes note of the Government’s report, received in October 2003, which provides detailed information on consultations held on each of the points set out in Article 5, paragraph 1, of the Convention. As regards Article 6 of the Convention, the Government states that social partners do not consider it appropriate to issue an annual report on the working of the procedures provided for in the Convention, because they are recorded in the scope of general activities of the Council of Economic and Social Agreement (CESA).

2. The Committee notes that the Government has attached to its report the observations of the Confederation of Trade Union Status Report (KOZ SR) on social dialogue in the Slovak Republic. According to the KOZ SR, by the end of 2002, the Government submitted to Parliament draft amendments of 22 Acts without prior discussion in the CESA. A similar situation happened when the Labour Code was amended in 2003. KOZ SR states that the relationship between the social partners has not yet improved and that the Government ignores social partners in submitting to the Parliament draft Acts which have not been discussed with them. The Government states that it does not agree with the facts as stated by the KOZ SR and that these facts do not fall under the scope of the Convention.

3. The Committee recalls that the fundamental obligation under the terms of Convention No. 144 is contained in Article 2, paragraph 1. According to that provision, the State party "undertakes to operate procedures which ensure effective consultations, … between representatives of the Government, of employers and workers". As the Committee of Experts stated in its General Survey of 2000:

The consultations required under the terms of the Convention are intended, rather than leading to an agreement, to assist the competent authority in taking a decision. For the consultations to be meaningful, they should not be merely a token gesture but should be given serious consideration by the competent authority. Although the public authorities must undertake consultations in good faith, they are not bound by any of the opinions expressed and remain entirely responsible for the final decision.

The Committee notes that it is a basic principle of Convention No. 144 that "the outcome of the consultations should not be regarded as binding" and that "the ultimate decision must rest with the government or legislature, as the case may be".

4. The Committee also recalls the resolution on tripartism and social dialogue, adopted by the Conference at its 90th Session (June 2002), which emphasizes that "social dialogue and tripartism 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 resolution also invites governments and organizations of employers and workers to promote and reinforce tripartism and social dialogue.

5. In view of the importance of tripartite consultations on international labour standards, the Committee trusts that the Government will provide in its next report information on progress made in holding consultations on the matters covered by the Convention, including details on the consultations held in relation to the legislative amendments submitted to Parliament (Article 5, paragraph 1(d), of the Convention).