Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 6(2) of the Convention. Persons permanently unfit for night work. The Committee recalls its previous comment in which it requested the Government to indicate how it is ensured in law and practice that workers who are permanently unfit to work at night – but may not necessarily be unfit for day work – and whose transfer to an alternative position proves impracticable, enjoy the same benefits, for instance, unemployment, sickness or disability benefits, as those day workers who are generally unfit for work. In its reply, the Government indicates that sections 41(1)(f) and 53(1)(e) of the new Labour Code No. 262/2006 Coll., which deal with the transfer of a night worker unfit to an alternative work on health grounds and the protection of a worker temporarily unfit for night work from unfair dismissal, give effect to this requirement of the Convention. However, the Committee is bound to observe that these provisions relate to the requirements of Article 6(1) and (3) of the Convention but bear little relevance to the specific obligation set forth in Article 6(2). It accordingly requests the Government to introduce without further delay in the legislation provisions granting the special treatment to workers permanently unfit to work at night, as prescribed by this Article of the Convention, and to provide a copy of the text adopted for this end.

Article 7(3)(c). Maternity protection. The Committee notes the Government’s reference to sections 42–44 of Act No. 187/2006 Coll. on sickness insurance and to section 239 of the Labour Code, by virtue of which, when the transfer to daytime work of a pregnant woman or breastfeeding mother working at night results to a lower level of earnings, she is entitled to a compensatory benefit paid from sickness insurance funds. The Committee considers, however, that these provisions refer to the income protection of the woman worker, as required by Article 7(3)(b) of the Convention, but may not be deemed to give effect to Article 7(3)(c) which pertains to the maintenance of benefits regarding status, seniority or access to promotion during the temporary transfer to daytime work of a woman worker on maternity grounds. The Committee therefore requests the Government to adopt provisions giving effect to this Article of the Convention and to keep the Office informed of any development in this regard.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the number of infringements of the legislation on night work recorded from September 2003 to June 2008. It also notes that, according to these inspection results, the most frequently observed infringement is the failure to provide for a medical examination of an employee before assignment to night work. The Committee would be grateful if the Government would continue to provide all available information on the practical application of the Convention, including, for instance, statistics on the number of workers employed at night, the sectors of economic activity concerned, copies of relevant collective agreements containing clauses on special benefits or facilities for night workers, extracts from labour inspection reports showing the number of infringements of the labour legislation in respect of night work, etc.