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

Repetition

Article 6(2) of the Convention. Persons medically unfit for night work. Further to its previous comment, the Committee notes the Government’s indication that the social security legislation regulating unemployment, sickness or disability benefits does not contain any provisions that would differentiate in any manner among the various groups of workers covered, including workers whose transfer from night to day work is impracticable, and that therefore the workers in this latter situation are treated in the same manner as other categories of workers. The Committee is bound to recall that the Convention specifically requires that workers who have been certified medically unfit for night work – though they may not be unfit for day work – and whose transfer to an alternative position proves impracticable, should enjoy the same benefits as other workers who are generally unable to work. The Committee notes, in this regard, the comments of the Czech-Moravian Confederation of Trade Unions (CMKOS), according to which Article 6(2) of the Convention is not sufficiently implemented by the labour legislation.The Committee accordingly requests the Government to indicate the specific provisions, if any, in the social security legislation, which guarantee that a night worker who is medically unfit for night work and whose transfer to a day position is impracticable, would be entitled to social security coverage (for instance unemployment benefit) as other workers unable to work.

Article 7(3). Maternity protection. In its previous comment, the Committee invited the Government to consider adopting specific provisions giving effect to Article 7(3)(c) of the Convention, which seeks to ensure that a pregnant woman worker does not lose any benefits regarding status, seniority and access to promotion that may be attached to her regular night work position during the 16 week period that she may need to be transferred to an alternative day work. In its latest report, the Government explains that any differentiated treatment during such period would constitute discrimination on the grounds of pregnancy and maternity within the meaning of section 2(4) of the Anti-Discrimination Act No. 198/2009, and would also violate section 16(2) of the Labour Code, which prohibits any form of discrimination in labour relations. While noting the explanations of the Government that the existing legislation, in particular the Anti-Discrimination Act (Act No. 198/2009) and the Labour Code, already prohibits discrimination on the grounds of pregnancy and maternity, the Committee considers that those protective principles should preferably be spelled out in the relevant legislation rather than being regarded as implicitly covered by the general principle of non-discrimination, as Article 7requires specific measures in the context of night work.The Committee therefore hopes that the Government will consider taking measures to introduce express legal provisions giving effect to the requirements of Article 7(3)(c) of the Convention.