Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 95) sur la protection du salaire, 1949 - Tchéquie (Ratification: 1993)

Autre commentaire sur C095

Demande directe

2011
2006
2001
1995

Réponses reçues aux questions soulevées dans une demande directe qui ne donnent pas lieu à d’autres commentaires

2018

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Article 4 of the Convention. Partial payment of wages in kind. With reference to its previous comment, the Committee notes that under section 119 of the new Labour Code (Act No. 262/2006 Coll.), partial payment of wages in the form of allowances in kind is permissible only with the employee’s consent and under the conditions agreed upon with him or her. According to the explanations provided by the Government in its report, this provision would allow for more flexibility and a better ability to meet the worker’s needs, as required under Article 4(2)(a) of the Convention, while protecting the worker from any unilateral decision of the employer. Referring to paragraph 106 of its 2003 General Survey on the protection of wages, the Committee is obliged to point out that the Convention makes exclusive reference to national laws, collective agreements and arbitration awards as being the only valid legal bases for partially paying wages in kind. What the Committee does not permit is that the parties be left free, by individual agreement, to provide for any form whatsoever of payment in kind. Provisions in national legislation under which an employer may agree with a worker to grant the latter benefits in kind or privileges in addition to money wages do not therefore meet the requirements of the Convention.

In addition, the Committee notes that section 119(1) of the Labour Code authorizes only the partial payment of wages in kind while section 119(3) requires any allowances in kind to be attributed a reasonable value such as the usual market price. The Committee observes, however, that apart from the prohibition to pay wages in the form of spirits, tobacco products and addictive substances, the Labour Code does not contain any provision to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family. The Committee therefore requests the Government to take appropriate action in order to give full effect to the requirements of this Article of the Convention.

Articles 5 and 9. Payment of wages directly to the worker and prohibition of deductions for obtaining or retaining employment. The Committee notes that the principle of the payment of wages directly to the worker and the prohibition of deduction from wages for obtaining or retaining employment, provided respectively under Articles 5 and 9 of the Convention, are given effect by section 142(5) of the Labour Code and section 58(2) and (3) of the Employment Act No. 435/2004 Coll. The Committee understands, however, that in practice, the State Bureau for Labour Inspection (SBLI) has identified numerous cases of migrant workers subjected to abusive practices, such as payment of workers’ wages to employment agencies which then deduct from them a placement fee of a variable amount. The Committee requests the Government to provide all available information – including statistics, inspection reports and official studies – which would enable the Committee to assess the extent of the problem and the measures, taken or envisaged, to put an end to theses practices.

Articles 6 and 7. Freedom of workers to dispose of their wages. Works stores. In its report, the Government indicates that it will give consideration to the possibility of adopting a legislative provision explicitly prohibiting employers from limiting in any manner the freedom of the workers to dispose of their wages. Referring to its previous comment, the Committee hopes the Government will take all the necessary steps in the very near future to bring the national legislation into full conformity with the Convention and requests the Government to keep the Office informed of any progress achieved in this regard. Furthermore, in the absence of the Government’s reply on this point, the Committee requests once again the Government to indicate the legal provisions, if any, regulating the operation of works stores.

Articles 8 and 10. Wage deductions, assignment and attachment of wages. In its report, the Government indicates that all permissible wage deductions are provided for under sections 146 to 149 and section 327 of the new Labour Code and that conditions and limits applicable to attachment and assignment of wages are set out under sections 276 to 302 of the Code of Civil Procedure (Act No. 99/1963 Coll.). Furthermore, it adds that the method for calculating the unattachable part of the wage is set out in Government Regulation No. 595/2006 Coll. The Committee would appreciate receiving a copy of this Regulation.

Article 11. Protection of wage claims in bankruptcy proceedings. Noting the establishment of a wage guarantee fund pursuant to Act No. 118/2000 Coll., the Committee again invites the Government to consider favourably the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), which sets out a distinct set of standards dealing with the protection of workers’ claims by means of a privilege and another referring to protection through the intervention of an independent guarantee institution. Convention No. 173 marks a clear improvement over the standards set out in Convention No. 95 in three different respects: first, it defines, for the first time, the minimum coverage of the privilege: secondly, it requires that national laws or regulations must give workers’ claims a higher rank of privilege than most other privileged claims; and third it specifies that whenever national laws or regulations set a ceiling to the protection by privilege of workers’ claims, the prescribed amount must not fall below a socially acceptable level.

Part V of the report form. Practical application. The Committee would be grateful if the Government would provide general information on the application of the Convention, including, for instance, extracts from the reports of the inspection services containing information on the number and nature of infringements reported, copies of official studies related to the protection of wages or any other information that would allow the Committee to assess the manner in which the Convention is applied in practice.