Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Repetition

Articles 5 and 7 of the Convention. Working conditions for part-time workers. The Committee notes the adoption of the new Employment Relationships Act ZDR-1 (Official Gazette No. 21/2013), in particular sections 65–67 on part-time employment contracts. It also notes the adoption of the Labour Market Regulation Act ZUTD (Official Gazette Nos 80/2010, 21/2013, 63/2013), which replaced the Employment and Unemployment Insurance Act. More concretely, the Committee notes that sections 27a to 27c of the Labour Market Regulation Act authorize the part-time employment of pensioners provided that it does not exceed 60 hours per month and the aggregate yearly income does not exceed €6,300. The Committee understands that these provisions reproduce in part or are heavily inspired by the provisions of the Temporary Work Act of 2010 which was strongly opposed and finally defeated in a national referendum in April 2011. The Temporary Work Act intended to regulate different forms of temporary or permanent part-time work of students, pensioners and unemployed persons on a basis of a special contractual relationship – this relationship not being an employment relationship and therefore not being subject to the national employment legislation. Under the Temporary Work Act, part-time workers’ entitlements were significantly reduced including a lower pay, no remuneration for sick leave, no holiday allowance, no severance pay and no annual holidays. The Committee accordingly requests the Government to provide detailed explanations as to how the provisions on part-time employment of pensioners of the Labour Market Regulation Act give effect to the requirements of the Convention concerning the basic wage and other working conditions of part time workers (Articles 5 and 7).