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

Czechia

Weekly Rest (Industry) Convention, 1921 (No. 14) (Ratification: 1993)
Night Work Convention, 1990 (No. 171) (Ratification: 1996)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)), and 171 (night work) together.

Weekly rest

Articles 4 and 5 of Convention No. 14. Total or partial exceptions – Compensatory rest. The Committee notes that Section 92(1) of the Labour Code provides for an uninterrupted rest period of at least 24 hours per week. The Committee also notes that while sections 91(3) and 93(2) of the Labour Code provide for exceptions to weekly rest, no provision of the Labour Code seems to foresee compensatory rest in case of work during the weekly rest period. The Government indicates in its report that for overtime work performed during uninterrupted weekly rest periods, the employer must always provide the employee with at least 24 hours of uninterrupted rest in the same week, and a compensatory rest period in the following week. Noting the Government’s explanation, the Committee recalls that the Convention requires that each Member shall make, as far as possible, provisions, for compensatory periods of rest for the suspensions or diminutions of the weekly rest period. Recalling the importance for workers’ health and well-being of granting compensatory rest of at least 24 hours in cases where a worker is required for whatever reason to perform work on the weekly rest day, the Committee requests the Government to indicate the measures taken or envisaged to make provisions for compensatory weekly rest in case of exceptions to the weekly rest principle. The Committee also requests the Government to provide further details on how this provision is applied in the practice, including through labour inspection activities.

Night work

Article 4(2) of Convention No. 171. Health assessment. The Committee notes that Act No. 101/2000 on personal data protection, was repealed and replaced by Act. No. 110/2019 on personal data processing. It observes that, contrary to the previous Act, the new Act does not ensure anymore that findings of health assessments are treated with confidentiality and are not used to the detriment of workers. The Committee requests the Government to indicate the manner in which it is ensured that the findings of health-care assessments, with the exception of a finding of unfitness for night work, shall not be transmitted to others without the workers' consent and that they shall not be used to the workers’ detriment,including through relevant laws or regulations.

Article 6(2). Persons medically unfit for night work. The Committee notes that in response to previous comments on workers whose transfer to an alternative position proves impracticable, the Government indicates in its report that the national legislation regulating unemployment, sickness or disability benefits does not differentiate in any manner among various groups of workers, including night workers, and that these workers have been treated in the same manner as other categories of workers. The Government also indicates that, if the employer does not have suitable daytime work for the employee and if the employee has been certified as unfit in the long-term to perform the agreed night work, the employer may terminate the employment relationship on the grounds of medical unfitness pursuant to Section 52(e) of the Labour Code. The Committee notes that in the case of termination of employment, the Act on Employment provides for unemployment benefits and in the case of temporary incapacity, the Act on Sickness insurance provides for sickness benefits. The Committee takes note of this information, which addresses its previous request.

Article 7(3)(c). Maternity protection. The Committee notes that further to its previous comments, the Government indicates that under the Anti-Discrimination Act No. 198/2009 and section 16(2) of the Labour Code any form of discrimination in labour relations, including on the grounds of pregnancy and maternity, is prohibited. Furthermore, the Committee notes that section 47 of the Labour Code provides for the maintenance of benefits for women workers who return from maternity leave. The Committee takes note of this information, which addresses its previous request.