Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

Autre commentaire sur C181

Demande directe

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Articles 2(4)(a), 3(2) of the Convention and parts III and V of the of the report form. Prohibitions. Determination of the conditions governing the operation of private employment agencies. Implementation in practice. The Committee notes with interest the comprehensive information provided by the Government with respect to amendments made to the legislative framework governing the operation of private employment agencies (“PEAs”), as well as on the practical implementation of the legislation, including information on inspections conducted, violations detected and fines imposed. The Government reports that restrictions exist with regard to employing foreign workers with a view to making them available to a user enterprise in Czechia for work in underground mines. These restrictions were introduced on the basis of proposals made by the Czech-Moravian Confederation of Trade Unions (ČMKOS) during consultations on the draft amendment to Government Regulation No. 64/2009 Coll., which pointed out that the hazardous and unpredictable nature of work in underground mines, combined with possible communication barriers faced by migrant workers in sudden crisis situations could have life-threatening results. The Government indicates that pursuant to Government Regulation No.374/2017, which amended Government Regulation No. 64/2009, PEAs cannot allocate foreigners to perform certain forms of temporary work in user enterprises for which a level of education lower than a secondary education is sufficient. The Committee notes that Government Regulation No 374/2017 now exempts 15 categories of temporary work – down from 20 prior to the amendment – from this general prohibition. In addition and to meet labour market demands, through Act No 206/2017 Coll., PEAs may now also make foreigners who hold a Czech employee card, a blue card, or a work permit available to user enterprises. The Committee further notes that section 309(8) of the Labour Code provides that collective agreements in user enterprises may impose additional restrictions preventing PEAs from placing their employees in user enterprises. The Government also reports that the Employment Act was amended by Act No 206/2017 Coll., which as of 29 July 2017 modified the conditions for granting permits to a legal or natural person applying for a permit to provide employment services, introducing the requirement that such applicant has to provide a deposit of CZK500,000 to ensure the PEA’s solvency, reliability and dependability and the payment of contributions. The Committee requests the Government to continue providing updated information on the nature and scope of prohibitions against the offering of services by PEAs in respect of certain categories of workers, including foreign workers, or in certain branches of economic activity. The Government is also requested to communicate information concerning the outcome of consultations held with the social partners in this regard and to provide examples of collective agreements concluded under section 309(8) of the Labour Code. Additionally, the Committee requests the Government to continue providing information on the manner in which the Convention is applied in practice, including statistics on inspections relating to PEAs, the number and nature of infringements identified and sanctions applied, if any, as well as disaggregated statistics on the number of workers covered by the measures giving effect to the Convention.

Article 6. Protection of personal data. The Government reports that workers’ personal data is protected in Czechia in particular through Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. The Committee requests the Government to provide examples of the practical application of measures aimed at ensuring the protection of workers’ personal data.

Article 12. Allocation of responsibilities between PEAs and user enterprises. In response to the Committee’s previous comments, the Government provides information on the general responsibilities of employers vis-à-vis their employees and the general allocation of responsibilities between PEAs and user enterprises pursuant to sections 307a, 308 and 309 of the Labour Code. The Committee requests the Government to provide additional specific information on the manner in which responsibilities are allocated between PEAs and user enterprises with respect to all of the elements set out in subsections (a) through (i) of Article 12, as well as on the manner in which compliance in this respect is ensured.

Article 13. Cooperation between the public employment service and PEAs. The Government indicates that based on section 59 of the Employment Act, PEAs are obliged to keep records of the number of vacancies on their mediation, the number of natural persons assigned and the number of employees employed to be made available to a user enterprise, which is to be communicated to the Directorate General of the Labour Office of the Czech Republic by 31 January of each year. In the absence of concrete 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 PEAs as well as on other matters covered by the Convention, the Committee reiterates its request that the Government provide information in this regard and on the general manner in which efficient cooperation between the public employment service and PEAs is promoted, and how conditions for such cooperation are defined, established and periodically reviewed.