Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes with interest the Government’s first report and wishes to draw its attention to the following points.

Article 6, paragraph 2, of the Convention. The Committee notes the Government’s reference to sections 55(2)(e) and 64(1)(e) of the Labour Code concerning the transfer of an employee working at night to a different work if by virtue of a medical opinion he/she is considered unfit for night work, and the related measures of protection against unfair dismissal during the period of an employee’s temporary incapacity to perform night work. The Committee recalls, however, that the Convention requires, in addition to the above measures, 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, should be entitled to the same benefits, for instance unemployment, sickness or disability benefits, as those day workers who are generally unfit for work. The Committee requests therefore the Government to provide further explanations and to specify the legal provisions giving effect to the requirements of the Convention in this regard.

Article 9. The Committee notes the Government’s reference to section 98(6) of the Labour Code which requires employers to negotiate regularly the organization of night work with the employees’ representatives and to secure that protective and preventive services or facilities relating to safety and protection of health at work are at the disposal of night workers. It also notes that sections 151 and 152 of the Labour Code refer to social policy in general and provide for the employer’s obligation to establish, maintain and improve the level of social facilities, sanitation amenities, and catering services offered at the workplace. In this connection, the Committee recalls that by "social services" the Convention intends to cover a large variety of measures, including but not limited to the provision of food and beverages. It also ventures to draw the Government’s attention to paragraphs 13-18 of the Night Work Recommendation, 1990 (No. 178), which offer guidance as to other measures which might be considered appropriate for night workers, such as collective transport arrangements, suitably equipped resting facilities, flexible hours for crèches, and adaptable cultural, sporting or recreational activities. The Committee therefore requests the Government to indicate any specific social services for night workers as may be established by laws, regulations or collective agreements.

Part V of the report form. The Committee would be grateful if the Government would provide in its next report general indications regarding the practical application of the Convention, including for instance, available statistics on the number of male and female workers employed at night, the branches of economic activity and occupational categories concerned, copies of collective agreements providing for additional benefits or guarantees in respect of night workers, extracts from inspection reports or official studies on the extent and effects of night working in general, as well as any difficulties encountered in the application of the Convention.