Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Slovaquie (Ratification: 1997)

1. Following its previous comments, the Committee notes the Government’s report received in January 2005, which contains replies to the comments formulated by the Confederation of Trade Unions of the Slovak Republic (KOZ SR) in October 2004. In its comments, KOZ SR had expressed its concern with shortcomings in social dialogue in 2003-04. In July 2003, KOZ SR requested the ratification of Conventions Nos. 135, 150, 151, 154, 158 and 181, but the tripartite working group that was established only met once, and has not resumed its activities since. It also observed that the Government had reduced the tripartite delegation to the Conference in 2003 and 2004, without prior consultation with the social partners. KOZ SR indicated that, in 2004, the Government stopped submitting draft acts and amendments to the Council of Economic and Social Agreement (CESA) and approved new regulations concerning public health service reform, law on family and other social laws, without prior consultations with the social partners. In the view of KOZ SR, the new rules place social partners in the role of statistic partners, with no tools and opportunities to influence efficiently the Government’s policy with regard to the decision-making process in the matters of economic and social development.

2. In its reply, the Government indicates that the procedure for ratification of ILO Conventions was interrupted because amendments to national legislation were required. The delegation to the Conference was reduced for budgetary reasons. The Government also indicates that amendments to the law of 1999 on social dialogue were approved by Parliament on 21 October 2004. The CESA terminated its activities on 30 November 2004 and the Council of Economic Partnership and Social Partnership was established on 1 December 2004 as the new advisory and consultative body of the Government. The Government expects that, as a result of this legal adjustment, the dialogue with the social partners will improve. The Committee notes the statute of the Council of Economic and Social Partnership of the Slovak Republic, which entered into force on 1 December 2004, attached to the report.

3. The Committee further notes that the Government included in its report extracts of the Memorandum to the Government of the Slovak Republic on a draft law to amend the act on competence and the Act on Collective Bargaining, prepared by the International Labour Office in July 2004 - which was also sent to the social partners in August 2004. The Office recommended that the Government consult the social partners before preparing its regulation defining the composition, the rules and the mandate of the new Council for the Economic and Social Partnership of the Slovak Republic. The Office further recommended that particular consideration be given to creating within this Council a subcommittee dealing with international labour standards and ILO matters in general, within which tripartite consultation over international labour standards could take place between the Government and the social partners, which is common practice in a number of European Union countries. In light of the above, the Committee again invites the Government and the social partners to promote and reinforce tripartism and social dialogue on the matters covered by the Convention. It also asks the Government to indicate in its next report if the subcommittee dealing with international labour standards within the new Council has been established. Please also report on the progress made in the establishment of effective tripartite consultations on all the matters covered by Article 5, paragraph 1, of the Convention during the period covered by the next report.