Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 181) sur les agences d'emploi privées, 1997 - Tchéquie (Ratification: 2000)

Autre commentaire sur C181

Demande directe

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The Committee notes the observations of the Czech-Moravian Confederation of Trade Unions (ČMKOS), incorporated into the Government’s report.

Article 2(4)(a) of the Convention. Prohibitions. In its previous comments, the Committee invited the Government to provide information on the reasons for the exclusion of certain types of temporary employment contracts from the services offered by private employment agencies. The Government notes that Government Regulation No. 64/2009 Coll., defining the types of temporary work contracts that cannot be filled through private employment agencies, was adopted as a response to labour market developments, specifically due to the need to regulate inflows of labour from abroad at a time when there is an excess supply of labour, predominately in sectors requiring low-skilled labour. The Government adds that the Regulation implements section 64 of the Employment Act and that this measure resulted in a preference for direct employment. The Committee notes the Government’s indication that the social partners were consulted regarding the Regulation within the plenary meeting of the Council of Economic and Social Agreement. The Committee further notes that section 66 of the Employment Act was amended to restrict private employment agencies from assigning an employee to temporary employment with a user enterprise where the worker has been issued a work permit, including an Employee Card or Blue Card. The Government indicates that this measure was discussed by the Council of Economic and Social Agreement in October 2011, in the context of the review of restrictions and prohibitions carried out pursuant to Article 4(2) of European Parliament and Council Directive 2008/104/EC. The Committee requests the Government to continue to provide updated information on the prohibitions placed upon services offered by private employment agencies in respect of certain categories of workers or branches of economic activity, as well as the consultations with the social partners in this regard.

Article 6. Protection of personal data. The Government indicates that workers’ personal data is protected by Act No. 101/2000 Coll., on personal data protection, as amended. According to section 5(d) of the Act, an administrator must collect personal data corresponding only to the specified purpose and to the extent required for the fulfilment of the determined purpose. Moreover, pursuant to section 17 of the Employment Act, personal data concerning natural persons and information concerning their past employers may only be acquired, processed and communicated for the purposes of brokering employment, provision of contributions for instruments and actions under the active employment policy, in relation to contributions to support the employment of persons with disabilities and for statistical use. The Committee also notes the privacy protections afforded to workers under section 316 of the Labour Code, as amended. The Committee requests the Government to continue to provide information on the manner in which workers’ personal data is protected, including by providing examples of the practical application of these measures aimed at ensuring the protection of workers’ personal data.

Article 12. Responsibilities of private employment agencies and user enterprises. In reply to the Committee’s previous comments, the Government provides information on the allocation of responsibilities between private employment agencies and user enterprises in relation to each of the areas covered by Article 12. The Committee notes in this regard that both the employment agency and user enterprise are jointly responsible with respect to collective bargaining, working time and working conditions, as well as access to training, and occupational safety and health. The Committee requests the Government to provide information on the practical application of this provision of the Convention, including in the areas mentioned, where both private employment agency and user enterprise are responsible for ensuring the effective protection of workers.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that the functioning of private employment agencies, including the conditions of cooperation between the public employment services and private employment agencies, is discussed in a working group of the Council of Economic and Social Agreement. The working group is comprised of representatives of the labour administration, employers and workers, as well as representatives of the Association of Employment Agencies. The Government also refers to sections 119 and 120 of the Employment Act which provide indications on the manner in which the public and private employment services must cooperate. The Committee requests the Government to continue to provide information on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted, and how conditions for such cooperation are defined, established and periodically reviewed. It also requests the Government to provide information on the outcome of the consultations held within the working group of the Council of Economic and Social Agreement concerning the cooperation between the public employment service and private employment agencies as well as on other matters covered by the Convention.

Application of the Convention in practice. In its observations, ČMKOS indicates that the Government’s report provides only a description of the legal regulations, but does not provide information on the application of the Convention in practice. ČMKOS notes that the current legal framework in the Czech Republic is fully compliant with the Convention, but expresses concern at what it considers to be an abnormal number of employment agencies and large-scale illegal employment practices. In response, the Government concurs that illegal employment practices through certain dishonest agencies do exist. Consequently, an amendment to the Employment Act is being prepared that would impose stricter rules and financial guarantees that private employment agencies would be required to meet in order to obtain and maintain their business licence. The Government considers that these legislative measures will reduce the number of employment agencies by eliminating non-compliant agencies. The Committee notes the employment statistics provided on the activities of private employment agencies for 2011–14. As of 30 July 2015, a total of 1,642 agencies were registered with a valid licence to carry on their activities, compared to 1,588 agencies in 2013 and 1,307 agencies in 2011. The Committee notes that 524 inspections were carried out in 2014 (394 at agencies and 130 at user enterprises) and 70 sanctions were imposed for a total amount of 3.22 million Czech koruna, representing a significant increase in both the number and amount of sanctions imposed in previous years (19 sanctions in 2013, 17 in 2012 and 13 in 2011). The Committee requests the Government to provide further information on the proposed amendments to the Employment Act concerning stricter rules and financial guarantees in relation to private employment agencies. It also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including extracts from inspection reports in relation to private employment agencies investigated, the number and nature of infringements reported and sanctions applied, as well as statistics on the number of workers covered by the measures giving effect to the Convention.