Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Slovakia (Ratification: 1993)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Article 3 of the Convention. Right of workers’ organizations to organize their activities and formulate their programmes. Financial management. The Committee notes the Government’s report and notes, from publicly available information, the adoption of Act No. 109/2025 amending Act No. 213/1997 on Non-Profit Organisations Providing Services of General Benefit and Amending and Supplementing Certain Acts. The Committee observes, in particular, that the amendments provide for the addition of new sections 17(b)–17(f) to Act No. 83/1990 on the Association of Citizens, which governs the formation and functioning of trade unions. These provisions impose new reporting and disclosure obligations regarding financial matters for entities with an income exceeding €35,000 per year, including an obligation to submit statements containing an overview of revenue by source, an overview of expenditure, country of use, names and identification details of persons who contributed to the activities and the amount of their donation. The Committee notes that while these new requirements may seem as purely administrative, the level of detail required combined with broadly defined administrative oversight and discretion to request additional documents, as well as important fines in case of non-compliance, may have implications for the financial autonomy and independence of trade unions. The Committee recalls in this regard that the autonomy and the financial independence of organizations are essential elements of the right to organize their administration in full freedom and that legislative provisions which regulate in detail the internal functioning of organizations pose a serious risk of interference which is incompatible with the Convention (2012 General Survey on the fundamental Conventions, paras 108–109). In line with the above, the Committee requests the Government to indicate steps taken to ensure that, in practice, the amendments do not impair the autonomy and financial independence of workers’ organizations and to indicate whether similar requirements are also applicable to employers’ organizations. The Committee further requests the Government to inform it of any decisions by the administrative authorities and to clarify whether decisions made by the administrative authorities can be appealed.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the Government’s reports.

In its previous direct request, the Committee took note of the comments by the Confederation of Trade Unions of the Slovak Republic (CTUSR) dated 2 November 2005 regarding Law No. 461/2003 of the Collection of Laws on Social Insurance and its conformity with the Convention. More concretely, it alleged that participation in a strike is considered as an interruption of work for social insurance purposes which means a loss on employees’ claim to a more favourable calculation of their pensions in cases of early retirement.

In this respect, the Committee notes the Government’s report indicating that Law No. 461/2003 of the Collection of Laws on Social Insurance was amended by Act No. 721/2004 that stipulates that the employees’ participations in a strike shall not suspend the social insurance – sickness insurance, pension insurance and unemployment insurance. The Committee takes note of this information.

Finally, the Committee notes that the comments submitted by the International Confederation of Free Trade Unions (ICFTU) dated 10 August 2006 concern Convention No. 98 and it will examine them under Convention No. 98.

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

The Committee takes note of the comments by the Confederation of Trade Unions of the Slovak Republic dated 2 November 2005. It requests that the Government provide its response to these comments in its next report on the application of the Convention which is due in 2006.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the information provided by the Government in its report, as well as of the statement of the Government’s representative to the Conference Committee in 2001 and the discussion that followed. The Committee also notes the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2094 (326th Report, approved by the Governing Body at its 282nd Session, November 2001).

In its previous observations, the Committee asked the Government for clarifications regarding certain provisions of Act No. 83 of 1990 on citizens’ associations, and on Act No. 2 of 5 December 1990 on collective bargaining. As concerns the Act respecting citizens’ associations, the Committee notes the Government’s indication that foreign workers may be candidates for trade union office, regardless of their period of residence in the country, by virtue of section 20 of Act No. 83/1990 on citizens’ associations, as amended in 1991 and 1993.

Regarding the Act on collective bargaining, the Committee had asked the Government to provide information on the measures taken or envisaged to reduce the required majority to hold a strike at least with regard to large bargaining units. In its latest report, the Government indicates that amendments to section 17 of the Act on collective bargaining were adopted by the National Council of the Slovak Republic on 18 May 2001. As amended, section 17 of the Act on collective bargaining provides that a trade union may decide to hold a strike upon the approval of an absolute majority of the workers participating in the strike ballot, provided that at least an absolute majority of the workers in the bargaining unit participate in the strike ballot.

The Committee notes with satisfaction that the amended disposition of the Act on collective bargaining is compatible with Article 3 of the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received.

The Committee wishes to obtain clarification on certain provisions of Act No. 83 of 1990 on citizens’ associations, last amended in 1993, and on Act No. 2 of 5 December 1990 on collective bargaining, last amended in 1996.

1.  Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join organizations.  The Committee takes due note of the Government’s report which indicates that the right to organize is guaranteed by paragraph 3 of Act No. 83-1990 respecting citizens’ associations to everyone, that is to say, to national and foreign workers.

2.  Article 3. Right of workers’ organizations to elect their representatives in full freedom.  With regard to the Act respecting citizens’ associations, the Committee emphasizes that the General Survey indicates that national legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country (see General Survey on freedom of association and collective bargaining, 1994, paragraph 118). The Committee requests the Government to indicate whether, in addition to its legislation, foreign workers who wish to apply for trade union office may do so at least after a reasonable period of residence in the country.

3.  Article 3. Right of workers’ organizations to organize their administration and to formulate their programmes without interference from the public authorities.  The Committee recalls that section 17 of the Act of 1990 respecting collective bargaining, as amended in 1996, requires the vote of half the workers in the enterprise to whom the agreement at enterprise level applies or the vote of half the workers to whom the higher level collective agreement applies to call a strike and emphasizes that the General Survey indicates that, if a member State deems it appropriate to establish in its legislation provisions which require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required quorum is fixed at a reasonable level (see General Survey, op. cit., paragraph 170). The Committee requests the Government to provide information on the measures taken or envisaged to reduce the required majority to hold a strike at least with regard to large bargaining units.

The Committee requests the Government to indicate in its next report the progress achieved in this respect.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the information provided by the Government in its report. It recalls that its previous comments addressed the following points.

The Committee wished to obtain clarification on certain provisions of Act No. 83 of 1990 on citizens' associations, last amended in 1993, and on Act No. 2 of 5 December 1990 on collective bargaining, last amended in 1996.

1. Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join organizations. The Committee takes due note of the Government's report which indicates that the right to organize is guaranteed by paragraph 3 of Act No. 83-1990 respecting citizens' associations to everyone, that is to say, to national workers as well as to workers who are not.

2. Article 3. Right of workers' organizations to elect their representatives in full freedom. With regard to the Act respecting citizens' associations, the Committee emphasizes that the General Survey indicates that national legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country (see General Survey on freedom of association and collective bargaining, 1994, paragraph 118). The Committee requests the Government to indicate whether, in addition to its legislation, foreign workers who wish to apply for trade union office may do so at least after a reasonable period of residence in the country.

3. Article 3. Right of workers' organizations to organize their administration and to formulate their programmes without interference from the public authorities. The Committee recalls that section 17 of the Act of 1990 respecting collective bargaining, as amended in 1996, requires the vote of half the workers in the enterprise to whom the agreement at enterprise level applies or the vote of half the workers to whom the higher level collective agreement applies to call a strike and emphasizes that the General Survey indicates that, if a member State deems it appropriate to establish in its legislation provisions which require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required majority is fixed at a reasonable level (see General Survey, op. cit., paragraph 170). The Committee requests the Government to provide information on the measures taken or envisaged to reduce the required majority to hold a strike at least with regard to large bargaining units.

The Committee requests the Government to indicate in its next report the progress achieved in this respect.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the detailed information supplied by the Government in its report.

It observes that, although articles 29 and 37 of the 1992 Constitution enshrine the right of any person to associate freely with others in order to establish trade unions for the purpose of defending their economic and social interests, according to the information supplied by the Government in its report, freedom of association is essentially governed by Act No. 83 of 1990 on citizens' associations.

In this respect, the Committee emphasizes the importance it attaches to observance of Article 2 of the Convention which provides that workers without distinction whatsoever (whether they are nationals or foreigners residing legally in the country) have the right to establish and join associations.

The Committee requests the Government to indicate in its next report the measures taken or contemplated to ensure that this right, enshrined in the Constitution and in the Convention, is guaranteed by the law.

Furthermore, the Committee notes that in order to call a strike, section 17 of the 1990 Act on collective bargaining, as amended in 1996, requires the vote of half the workers in the enterprise to whom the agreement at the enterprise level applies or the vote of half the workers to whom the higher level collective agreement applies. The Committee is of the view that account should be taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see 1994 General Survey on freedom of association and collective bargaining, paragraph 170).

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its report. The Committee notes with satisfaction that the 1992 Constitution permits trade union pluralism on an independent basis and enshrines the right of workers to strike in the defence of their interests. It is sending a direct request to the Government on certain points.