Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Repetition

The Committee notes that the Government indicates that legislation came into effect on 1 January 2009 which extended the reasons for which personal data on natural persons and employers may be gathered, processed and disclosed. The Committee invites the Government to provide further information on the manner in which workers’ personal data is protected (Article 6 of the Convention). The Committee also invites the Government to continue to provide information on the application of the Convention in practice, including extracts from reports of the inspection services and information on the number of workers covered by the Convention, the number and nature of infringements reported and the manner in which they have been resolved (Article 13).

Article 2(4) of the Convention. Prohibitions and exclusions. The Government states in its report that the right to limit types of work for which an employment agency may not hire out temporary workers to work for the user was used in 2009. In this regard, the Committee notes that Government Regulation No. 64/2009 Coll., which came into effect on 27 March 2009, defines the types of temporary work contracts that cannot be filled with the assistance of employment agencies. The Regulation also provides that employment agencies cannot intermediate temporary jobs for foreigners if such a job requires lower qualification than a high school degree, and for jobs which are not mentioned in the annex to the Regulation (such as bricklayers, carpenters, welders, bus drivers, etc.). The Government reports that registration of foreigners with valid work permits employed by an employment agency, as of 1 December 2008, totalled 19,341; and at the end of 2009, this group registered 3,196. The Committee invites the Government to provide more information on the reasons for the exclusion of these types of temporary work contracts under Regulation No. 64/2009, and how an adequate protection is assured for the workers concerned. Please also indicate the employers’ and workers’ organizations consulted.

Article 12. Responsibilities of private employment agencies and user enterprises. The Government states in its report that the conditions of agency employment, i.e. temporary assignment of an agency employee for work to another employer (“user”), are regulated by sections 308 and 309 of Act No. 262/2006 Coll., the Labour Code, since January 2007. These provisions stipulate the obligation of an employment agency to conclude an agreement on temporary assignment of an employee of the employment agency with the relevant user and specify obligatory contents of such an agreement. This agreement must be concluded in writing and contain elements required by the legislation such as working and wage conditions, and occupational safety and health. The Committee refers to paragraph 313 of the 2010 General Survey concerning employment instruments and invites the Government to provide in its next report information on the measures taken to allocate responsibilities between private employment agencies and user enterprises in each of the areas set forth in Article 12 of the Convention.

Articles 13 and 14. Cooperation between public and private employment services, and sanctions in case of violations. The Government reports that the obligation of labour offices and private employment agencies to cooperate is provided in the Employment Act. It reports that employment agencies are obliged to report annual data regarding number of job vacancies for which requests for employment brokerage were received, the number of such assigned persons and the number of their employees who worked for a user. The Government also indicates that failure to provide these statistics may result in a fine and after repeated failures to submit data, the Ministry of Labour and Social Affairs shall withdraw the employment brokerage licence from the employment agency. The Committee notes the increased sanctions for enabling illegal work from CZK2–5 million. The Committee invites the Government to provide information on the formulation, establishment, and periodical review of conditions to promote cooperation between the public employment service and private employment agencies.