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The Committee notes the Government’s report. It requests the Government to provide information on the following point.
Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that in accordance with the provisions of section 11(4) and (5) of the Labour Code, the labour inspectorate issued in 2006, 15 authorizations for the performance of light work for persons under 15 years of age. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts from the reports of inspection services, as well as the number and nature of contraventions reported and penalties imposed.
Article 2, paragraph 1 of the Convention. Scope of application. The Committee had previously noted that, by virtue of section 1(1), the Labour Code applies to labour relations in connection with the employment of natural persons by legal or natural persons, as well as collective labour relations. It had recalled that the Convention applies to all kinds of work or employment whether or not there is a contractual relationship, such as self-employment. Noting the Government’s reference to Trade Act No. 455/1991, the Committee had requested the Government to provide a copy of this Act and to provide a definition and examples of occupations falling under the term "business in trade". The Committee notes that the Government has provided a copy of the Trade Act. It notes that under section 2 of this Act, trade means a systematic activity that is operated independently, in one’s own name, at one’s own account, with a view to achieving profit and under conditions stipulated by the Trade Act. A trade may be operated by natural or legal persons provided that specific regulations do not restrict or exclude it. The general conditions for the operation of a trade by natural person include: reaching the age of 18 years, legal capacity and integrity. The Committee takes due note of this information.
Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that under section 175(3) of the Labour Code, a list of the types of work and workplaces that are prohibited for adolescents shall be established by a Government regulation. It had also noted the Government’s statement that a regulation providing for a list of the types of work prohibited for adolescents had been drafted. Recalling that, by virtue of Article 3, paragraph 2, of the Convention, the types of work or employment that are likely to jeopardize the health, safety and morals of children shall be determined in the national legislation, the Committee had hoped that the text would soon be adopted and had asked the Government to provide a copy thereof. The Committee notes that Regulation No. 286/2004 Coll. "on the list of works and workplaces that are prohibited to adolescent employees and on certain duties prescribed for employers in employing these adolescent employees" was adopted in 2004. It also notes that the Regulation contains a comprehensive list of hazardous types of work prohibited to adolescent employees, including work with dangerous physical, biological, chemical factors and technological processes. The Committee takes due note of this information.
Article 6. Vocational training. The Committee had previously noted that section 173 of the Labour Code provides that an employer may employ adolescent employees only for such work as is appropriate to their physical and mental development and does not jeopardize their morality, and must provide them with increased care at work. It had also noted that this provision applies to schools and citizens’ associations where they organize works within their contribution to youth training. The Committee had further noted that vocational secondary schools are part of secondary education, which begins after completion of compulsory schooling and, therefore, a child may not undertake vocational training before he/she reaches 15 years of age. The Committee had requested the Government to provide a copy of Law No. 29/1987 on the system of basic and secondary education, 1990 as amended in 2000; Decrees Nos. 79/1991 and 145/1996 of the law code on admission to study in secondary schools; Decree No. 80/1991 of the law code on secondary schools as amended in 1995; and Decree No. 102/1991 of the law code on completing the education in secondary schools and the training in vocational schools and centres of practical training and on the conditions for establishing them. The Committee notes that the Government has provided copies of the requested laws.
Articles 7 and 8. Light work and artistic performances. The Committee had previously noted that section 11(4) of the Labour Code provides for the possibility for a person, who has not reached the age of 15 years, exceptionally to perform light work not affecting, by its character and scope, the person’s health, safety, further development or full-time schooling. The following types of work may be performed: (a) cultural and artistic performances; (b) sports events; and (c) advertising activities. The Committee had also observed that, by virtue of section 11(5) of the Labour Code, authorization for the performance of light work must be given by the competent labour inspector, upon agreement with a health protection body, and must indicate the number of hours and conditions for the performance of light work. The Committee had noted that no minimum age was determined for the performance of light work. It had also noted that the Labour Inspectorate was authorized to make the decision as to whether an occupation falls under light work and that subsections (4) and (5) of section 11 appeared to be complementary. The Committee had asked the Government to state clearly whether light work refers solely to the participation in cultural performances and artistic performances, sports events and advertising activities. The Committee notes the Government’s statement that it is bringing up a proposal to the Parliament to supplement section 11 of the Labour Code in the sense that light work of children can be carried out solely in the three referred cases. The proposed change of the Labour Code should enter into force after being passed in Parliament from 1 January 2006. The Committee asks the Government to provide a copy of the amended provisions of the Labour Code once they have been adopted.
Article 9, paragraph 2. Persons responsible for compliance. The Committee had previously requested the Government to indicate the persons responsible for compliance with the provisions giving effect to the Convention, pursuant to Article 9, paragraph 2, of the Convention. The Committee notes the Government’s statement that, under the national laws, the natural or legal person who is in the position of an employer is responsible for the compliance with the provisions giving effect to the Convention. It also notes that, according to Act No. 95/2000 on the labour inspection, the Labour Inspectorate plays an important role in supervising labour legislation. The Committee further notes the Government’s information that Act No. 82/2005 on illegal work and illegal employment was adopted by Parliament and entered into force on 1 April 2005. Under this Act, the inspection power is granted to: the Labour Inspectorate, the Central Office of Labour, Social Affairs and Family, and the Office of Labour, Social Affairs and Family. These authorities conduct checks for illegal work and illegal employment and are authorized to impose sanctions. The Committee takes due note of this information.
Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that in 2004, labour inspectors imposed a total of 672 valid fines on employers for serious contraventions of legal regulations at a total amount of SKK 21,029,100, which is 109 fines less than in 2003. It also notes that a fine was imposed on 58 employers inspected for illegal employment. The Committee further notes that 14 authorizations were issued in 2004 for the performance of light work for persons younger than 15 years, pursuant to section 11(5) of the Labour Code, and 126 such authorizations were issued in 2003. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts from the reports of inspection services, as well as the number and nature of the contraventions reported and penalties imposed.
The Committee takes note of the Government’s report. The Committee requests the Government to supply further information on the following points.
1. Roma child workers. The Committee noted previously the comments made by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention in Slovakia, dated 16 November 2001, and forwarded to the Government by the Office on 2 January 2002, according to which the minimum age for admission to employment or work, set at 15 years, is not enforced in the Roma community. The Committee notes the Government’s statement, in its report, that section 217(a) of the Penal Code provides for penalties for employers who unlawfully employ persons under the age of 15 years. It further states that unlawful employment of children is punished by Act No. 95/2000 as amended by Act No. 231/2002 on Labour Inspection. The Committee notes that section 13(3)(d) of Act 95/2001 provides that labour inspectors shall be authorized to prohibit adolescent work and activities when performed in violation of pertinent provisions.
2. Self-employment. The Committee noted in its previous comments section 11(2) of the Labour Code, under the terms of which a natural person acquires the capacity to be subject to rights and obligations as an employee within labour relations and the capacity to acquire such rights and assume such obligations by her/his own legal actions on the day that that person reaches 15 years of age, but an employer must not agree upon a date for a natural person to take up employment prior to her/his completion of compulsory schooling. It noted that by virtue of section 1(1), the Labour Code applies to labour relations in connection with the employment of natural persons by legal or natural persons, as well as collective labour relations. The Committee notes the Government’s statement in its report that, by virtue of the Trade Act No. 455/1991, business in trade may be performed by a person of 18 years of age. The Committee recalls that the Convention applies to all kinds of work or employment whether or not there is a contractual relationship or remuneration, such as self-employment. The Committee requests the Government to provide a copy of the Trade Act No. 455/1991 and to provide a definition and examples of occupations falling under the term "business in trade".
1. Determination of hazardous work. The Committee noted that under paragraph 175(3) of the Labour Code, a list of work and workplaces that are prohibited for adolescents and persons of an age approximating that of an adolescent, as well as more detailed conditions under which adolescents may perform such work in the context of vocational training, shall be established by a Government regulation. The Committee notes that section 175(3) of the Labour Code has been amended in 2003 and that no reference is made therein to vocational training. It also notes the Government’s statement, in its report, that a regulation providing for a list of work and workplaces prohibited to adolescent employees has been drafted and will be promulgated in late 2003. The Committee reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of work or employment that are likely to jeopardize the health, safety and morals of children shall be determined in the national legislation after consultation with the organizations of employers and workers concerned, where such exist. The Committee hopes that the text will soon be adopted so as to bring the national legislation in line with the Convention. It asks the Government to provide a copy of the text as soon as it is adopted.
2. Consultations with organizations of employers and workers. The Committee noted the Government’s statement that consultations with organizations of employers and workers were held prior to the establishment of the lists of prohibited types of work, in accordance with section 3 of Act No. 106/99 ("Tripartite Act"). It noted that all measures concerning labour and social relations, including the above lists, are subject to tripartite consultation under the terms of the above Act. The Committee once again requests the Government to provide a copy of Act No. 106/99.
Article 6. Vocational training. The Committee notes that the Government provides information on vocational training in response to its previous comments. It notes the Government’s indication that section 173 of the Labour Code provides that an employer may employ adolescent employees only for such work as is appropriate to their physical and mental development and does not jeopardize their morality, and must provide them with increased care at work. The Committee also notes that this provision applies to schools and citizens associations where they organize works within their contribution to youth training. Thus these associations may only employ adolescents in works which are appropriate to their physical and mental development and do not jeopardize their morals; moreover, they shall provide them with increased care at work. It also notes that according to the Government’s indications, in its report to the International Bureau of Education in 2001, vocational secondary schools are part of secondary education, which begins after completion of compulsory schooling. Consequently, a child may not undertake vocational training before he/she reaches 15 years of age. The Committee requests the Government to provide a copy of Law No. 29/1987 on the system of basic and secondary education, 1990 as amended in 2000, Decrees Nos. 79/1991 and 145/1996 of the law code on admission to study in secondary schools, Decree No. 80/1991 of the law code on secondary schools as amended in 1995, and Decree No. 102/1991 of the law code on completing the education in secondary schools and the training in vocational schools and centres of practical training and on the conditions for establishing them.
Article 8. Artistic performances. The Committee had noted that section 11(4) of the Labour Code provides for the possibility of a person, who has not reached the age of 15 years, exceptionally to perform light work not affecting, by its character and scope, the person’s health, safety, further development or full-time schooling. The following type of work may be performed: (a) cultural and artistic performances; (b) sports events; and (c) advertising activities. The Committee also observed that, by virtue of section 11(5) of the Labour Code, authorization for the performance of light work must be given by the competent labour inspector, upon agreement with a health protection body, and must indicate the number of hours and conditions for the performance of light work. The Committee noted that no minimum age is determined for the performance of light work. The Committee notes the Government’s statement, in its report, that the labour inspectorate, subject to agreement with the health protection authority, makes the decision as to whether an occupation falls under light work. It also notes from the Government’s comments, in its report on the granting of permits to carry out light work, that subsections (4) and (5) of section 11 of the Labour Code appear to be complementary. Indeed, the Government indicates that one of the reasons given by the labour inspector to refuse granting a permit was that the work to be carried out failed to meet the criteria prescribed under section 11(4) of the Labour Code. The Committee also notes that the labour inspectors have granted 39 permits, which means that 419 persons under 15 years of age were authorized to carry out light work. The Committee asks the Government to state clearly whether light work refers solely to the participation in cultural performances and artistic performances, sports events and advertising activities. The Committee also requests the Government to continue providing information on the permits granted, including the age of the beneficiaries. It further asks the Government to supply information on the consultations which have taken place on this subject with the organizations of employers and workers concerned.
Article 9, paragraph 1. Sanctions. The Committee notes, with interest, that the Government provides information in its report on the sanctions ensuring the effective enforcement of the provisions of the Convention as requested by the Committee in its previous comments. The Committee notes that, according to the Government, section 17 of Act No. 231/2002, an employer may be fined SKK 1,000,000 (approximately 25,000 euros) for breach of duties arising from the labour law regulations.
Article 9, paragraph 2. Person responsible for compliance. Noting the absence of any reference in the Government’s report to the person responsible for compliance with the provisions giving effect to the Convention, the Committee once again requests the Government to provide information on this point.
Part V of the report form. The Committee again asks the Government to provide information on the application in practice of the Convention, including, for instance, statistical data on the employment of children and young persons, extracts from the reports of inspection services in the Ministry of Labour and Social Security, information on the number and nature of contraventions reported, etc.
The Committee notes Act No. 311/2001, of 2 July 2001, issuing the Labour Code, as amended by Act No. 165/2002, which entered into force on 1 April 2002, and it requests the Government to provide particulars on the following points.
Article 2, paragraph 1, of the Convention. The Committee notes the comments made by the ICFTU on the application of the Convention in Slovakia, contained in document ELS/CH, dated 16 November 2001, and forwarded to the Government by the Office on 2 January 2002, according to which the minimum age for admission to employment or work, set at 15 years, is not enforced in the Roma community. Noting that the Government has not replied to these comments, the Committee requests it to provide information on the measures which have been taken or are envisaged to ensure the application of the legislation on the minimum age for admission to employment or work in the Roma community.
The Committee notes paragraph 11(2) of the Labour Code, under the terms of which a natural person acquires the capacity to be subject to rights and obligations as an employee within labour relations and the capacity to acquire such rights and assume such obligations by her/his own legal actions on the day that that person reaches 15 years of age, but that an employer must not agree upon a date for a natural person to take up employment prior to her/his completion of compulsory schooling. It notes that by virtue of point 1(1), the Labour Code applies to labour relations in connection with the employment of natural persons by legal or natural persons, as well as collective labour relations. As self-employment is excluded from the scope of the Labour Code, the Committee requests the Government to indicate whether there are laws or regulations prohibiting persons under 15 years of age from engaging in any form of economic activity, including work performed outside an employment contract.
Article 3, paragraph 1. The Committee notes that, pursuant to paragraph 173 of the Labour Code, an employer may only employ adolescent employees (that is, under paragraph 40(3), employees under 18 years of age) for such work as is appropriate to their physical and mental development, which does not jeopardize their morality, and must provide them with increased care at work. The Committee notes that paragraph 175 explicitly prohibits the employment of adolescents for work underground in the extraction of minerals or the drilling of tunnels and passages (paragraph 175(1)), or for work which, taking into account the anatomical, physiological and mental individualities of their age, is inappropriate or dangerous for her/him or detrimental to her/his health (paragraph 175(2)). It also notes that paragraph 175(4) lays down that an employer may employ adolescent employees neither for work at which they are exposed to an increased risk of accident, nor the performance of which could gravely endanger the safety and health of co-workers or other persons. The Committee has however noted under Article 2, paragraph 1, above that self-employment is excluded from the scope of the Labour Code. The Committee therefore requests the Government to indicate whether specific provisions prohibit persons under 18 years of age from performing hazardous work outside an employment contract.
Article 3, paragraphs 2 and 3. The Committee notes that under paragraph 175(3) of the Labour Code, lists of work and workplaces that are prohibited for adolescents and persons of an age approximating that of an adolescent, as well as more detailed conditions under which adolescents may perform such work in the context of vocational training, shall be established by a Government regulation. The Committee understands, from information contained in the Government’s report, that such regulations have been adopted, and therefore requests it to provide a copy. The Committee notes, with regard to the consultation of employers’ and workers’ organizations, the Government’s statement that such consultations were held prior to the establishment of the lists of prohibited types of work, in accordance with article 3 of Act No. 106/99 ("Tripartite Act"). It notes that all measures concerning labour and social relations, including the above lists, are subject to tripartite consultation under the terms of the above Act. The Committee requests the Government to provide a copy of the Act.
Article 6. In addition to the provision of a copy of the regulations establishing the conditions in which adolescents may perform work which is normally prohibited for the purposes of vocational training, as requested in the previous paragraph, the Committee requests the Government to provide detailed information on all vocational training programmes and the conditions applicable to them (age, performance of work, supervision, instruction, etc.).
Article 7, paragraphs 1 and 3. The Committee notes that paragraph 11(4) of the Labour Code provides for the possibility of a person who has not reached the age of 15 years to perform exceptionally light work not affecting, by its character and scope, the person’s health, safety, further development or full-time schooling, in the case of work in the following fields: (a) cultural and artistic performances; (b) sports events; and (c) advertising activities. It notes that, under the terms of paragraph 11(5), authorization for the performance of light work must be given by the competent labour inspector, upon agreement with a health protection body, and must indicate the number of hours and conditions for the performance of the light work. The Committee notes that no minimum age is determined for the performance of light work. It also notes that the category of work referred to in paragraph 11(4) corresponds to activities such as artistic performances, and not light work within the meaning of the Convention. The Committee draws the Government’s attention to the fact that, while the participation of children in such activities as artistic performances may also lie within the category of light work, the requirements in respect of the two categories of work are in principle very different. Indeed, participation in activities such as artistic performances may be authorized, in individual cases, and after consultation with the organizations of employers and workers concerned, by the competent authority, which must in addition limit the number of hours during which and prescribe the conditions in which employment or work is allowed (Article 8, paragraphs 1 and 2); however, light work may only be permitted for persons between 13 and 15 years of age on condition that such work is, firstly, not likely to be harmful to their health or development and, secondly, not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received (Article 7, paragraph 1). The Committee therefore requests the Government to indicate whether there exist provisions in laws or regulations, firstly, setting forth a minimum age of 13 years for the performance of light work and, secondly, permitting the employment of persons of age between 13 and 15 years in light work in fields other than those referred to in paragraph 11(4) of the Labour Code. It also requests the Government to provide copies of the permits issued under paragraph 11(5) of the Labour Code by the labour inspectorate. In view of the fact that light work must not, in accordance with Article 7, paragraph 1(b), be such as to prejudice attendance at school, participation in vocational orientation or training programmes approved by the competent authority or the capacity of the persons concerned to benefit from the instruction received, the Committee also requests the Government to specify whether the term "schooling" used in paragraph 11(4) of the Labour Code includes participation in vocational orientation or training programmes, in conformity with the above provisions of the Convention.
Article 9, paragraphs 1 and 2. The Committee notes paragraph 150 of the Labour Code, under which labour inspection shall be carried out according to a special law, and requests the Government to provide a copy of this law. The Committee also requests the Government to indicate the provisions which stipulate, firstly, the necessary measures, including appropriate penalties, to ensure the effective enforcement of the provisions of the Convention and, secondly, the definition of the persons responsible for compliance with the provisions giving effect to the Convention.
Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, where possible, statistical data on the number of children engaged in an economic activity, the sectors concerned, the number and nature of the contraventions reported and the penalties imposed.
The Committee notes the Government’s first report.
Article 3, paragraph 1, of the Convention. The Committee notes that sections 167 and 274(2) of Act No. 65/1965 Coll. of Acts (Labour Code) set the minimum age for underground work at 18 years. The Committee recalls however that, in the previous direct request under Convention No. 123, according to a report submitted by the Government of the Czech and Slovak Federal Republic in 1992, by virtue of section 13 of Notifications 21/1989 and 22/1988, apprentices trained in intermediate training centres, and students of secondary technical schools and of technical universities under 18 years of age, are allowed to work underground at workplaces expressly authorized for such work. The Committee also recalls that Decree No. 91 939/90 adopted in October 1990 by the Federal Ministry of Economy prohibited underground work including training activities up to the age of 21 years. The Committee had requested the Government to indicate whether these Notifications or the Decree are still in force in Slovakia. Consequently, the Committee requests the Government to supply information on this issue.
Article 3, paragraph 2. The Committee notes that section 167(2) of the Labour Code provides that the central authorities of the state administration should, after agreement with the Ministry of Health, issue lists of works and workplaces prohibited for juveniles in generally binding legal regulations. It asks the Government to state whether a tripartite consultation was held before deciding the lists.
Article 6. The Committee notes that according to the Government’s report, pupils can perform socially useful work as voluntary activity beyond education time under the Act on the System of Primary and Secondary Schools. The Committee asks the Government to indicate whether this type of work is part of education or training, or part of a programme of guidance or orientation, and whether such work is done under conditions prescribed by the competent authority and under its supervision.
Article 7. The Committee notes the Government’s statement in its report that section 1(1) of Governmental Regulation No. 223/1988 of the Collection of Laws provides that children over 15 years of age and before the termination of compulsory school education can perform adequate work which is socially useful and is defined by Act No. 29/1984 of the Collection of Laws on the System of Primary and Secondary Schools as amended by later regulations (Act on Schools). The Committee asks the Government to indicate the number of hours during which, and the conditions under which, such employment or work may be undertaken in accordance with Article 7, paragraph 3, of the Convention.
Article 8. The Committee notes the Government’s indication that Act No. 40/1964 of the Collection of Laws as amended by later regulations (Civil Code) regulates artistic performances of children under 15 years of age. It requests the Government to supply information on the conditions under which children under 15 years of age can undertake artistic performances.
Part V of the report form. The Committee requests the Government to supply information on the practical application of the Convention, including, for instance, extracts from official reports, any statistics on child labour and on school attendance, information on the inspection visits made and the contraventions reported as well as any practical difficulties encountered.