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

Convention (n° 138) sur l'âge minimum, 1973 - Slovaquie (Ratification: 1997)

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.