Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee takes note of the observation of the International Confederation of Free Trade Unions (ICFTU) dated 5 October 2001, and the comments thereon made by the Government.

Practical application: The Committee notes the comments communicated by the ICFTU to the effect that while trade union rights are generally protected by law, in practice there remains anti-union discrimination, acts of interference by certain employers, and acts aimed to obstruct collective bargaining, including in the free trade zones of the country. The ICFTU further holds that while there is legal recourse for victims of anti-union discrimination, the court procedure is generally slow.

The Committee notes that in its comments the Government states that trade unions have recently filed several complaints. Criminal proceedings have been instituted in one case which is monitored by the tripartite partners and the OECD National Contact Point. In addition, the Government informs the Committee that the Council for Economical and Social Agreement (RHSD), which is the highest tripartite body, discussed these matters especially in connection with the enforcement of the law through the supervisory activities of labour offices. As a result of the above, the labour offices pay much more attention to the proper application of the provisions of the labour law on anti-union discrimination.

The Committee notes that the Government has not provided specific comments on the question of the slowness of the proceedings in case of anti-union discrimination or interference and invites it to send such comments in its next report. The Committee wishes to stress the need for specific measures to provide protection to workers against acts of anti-union discrimination, including expeditious proceedings and sufficiently effective and dissuasive sanctions, and asks the Government to provide details on these matters.

Public sector employees: The Committee notes that according to the comments communicated by the ICFTU, the draft Civil Service Act bars public sector employees from collective bargaining. These workers and their unions are offered instead the possibility to sign agreements with the public sector employer concerning some elements of their contract - excluding wages, working conditions and working time - but these agreements are not legally binding.

The Committee notes the Government’s comments which admit that while the current legislation in force (Act No. 2/1991) provides for collective bargaining within the public bodies (section 3 subsection 2), the draft Civil Service Act which is currently under discussion in the Czech Parliament and on which ILO experts were consulted, does not guarantee the right to collective bargaining for civil servants (employed in the administration of the State) and provides only for the right of consultation on topics concerning the employment relationship and working conditions of civil servants. According to the Government, the draft Act is justified by the exception stipulated in Article 6 of the Convention concerning public servants.

The Committee recalls that Article 6 of the Convention allows to exclude from its scope only public servants engaged in the administration of the State and that the exclusion from the protection offered by the Convention of large categories of workers employed by the State merely on the grounds that they are formally assimilated to public officials engaged in the administration of the State should be avoided. In this respect, a distinction must be drawn between, on the one hand, public servants who by their functions are directly employed in the administration of the State who may be excluded from the scope of the Convention and on the other hand, all other persons employed by the Government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention.

The Committee requests the Government to provide in its next report the text of the draft Act and clarifications concerning the scope of collective bargaining and the categories of public servants who do not enjoy this right.