Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes the information provided in the Government’s report, in particular the adoption of the new Labour Code, Act No. 311/2001 Coll., as amended, and of Act No. 125/2006 Coll. on labour inspection.

Article 1 of the Convention. The Committee notes that section 118(2) of the Labour Code excludes from the legal definition of the term “wages” payments made pursuant to other provisions of the Labour Code or special regulations, such as wage compensation, severance pay, dismissal pay, travel reimbursement, dividends from the social fund, revenues from bonds and stocks, and stand-by pay. The Committee also notes the Government’s statement that the notion of “wages” is deemed to cover any remuneration for work, however it is called or calculated, and whether it is based on time, performance, volume produced, or any combination of these elements. The Government adds that “wages” also include bonuses or incentive pay provided for under sections 121–125 of the Labour Code, such as payment for overtime work, night work, work on holidays, work in shifts, dangerous or physically demanding work, work requiring high level of skills, premium for work results or long-term services, or rewards for saving properties or personal lives. The Committee wishes to recall the generic sense in which the term “wages” is employed in Article 2 of the Convention, which implies that whatever the term used, all remuneration or earnings, which are payable under a contract of employment, by an employer to an employee, should be afforded the protection of Articles 3–15 of the Convention.

Article 4. Partial payment of wages in kind. The Committee notes that section 127(1) of the Labour Code allows for the payment of part of the worker’s wages in kind, only with the consent of the worker and under conditions to be agreed between the employer and the worker. The Committee recalls, in this regard, that Article 4 of the Convention provides that only national law or regulations, collective agreements or arbitration awards may authorize the partial payment of wages in kind. What the Convention does not permit, therefore, because of the obvious risk of abuse, is that the parties to an employment relationship should be left free, by individual agreement, to provide for the particular conditions of the in-kind payment. The Committee accordingly requests the Government to take the necessary steps to ensure that the national legislation is brought into line with the Convention in this respect.

Article 8. Deductions from wages. The Committee notes that under section 131(3) of the Labour Code, wage deductions other than those enumerated in section 131(1) and (2) may be made by an employer subject to a written agreement concluded with an employee. The Committee is obliged to recall in this connection that Article 8 of the Convention makes exclusive reference to national laws or regulations, collective agreements or arbitration awards as being the only valid legal bases for effecting deductions from wages. As in the case of Article 4 of the Convention regulating payments in kind, the aim is to clearly exclude “private” arrangements which might involve unlawful or abusive deductions (or unsolicited payments in kind) to the detriment of the worker’s earnings. The Committee therefore requests the Government to take appropriate action to bring its legislation in line with the requirements of this Article of the Convention.

Article 10. Attachment and assignment of wages. The Committee notes the Government’s indication that a sum equivalent to 60 per cent of the subsistence amount for an adult person may not be subject to any attachment by court decision. The Government refers to Act No. 601/2003 Coll. on the subsistence amount and states that the subsistence amount for an adult person is currently set at SKK5,130 (approximately US$211.29) per month. The Committee would appreciate receiving a copy of the Act on the subsistence amount. It would also be grateful if the Government would indicate whether a similar limit applies to wage deductions and specify the relevant legal provision(s).

In addition, the Committee notes that the Labour Code does not seem to contain any provisions on the assignment of wages. The term “assignment of wages” is generally understood as a voluntary arrangement for the reimbursement of a personal debt on any pay advances granted by the employer based on a statement signed by the assignor in person before a magistrate of the local court or an agent of the labour inspectorate. The Committee therefore asks the Government to provide additional explanations on the conditions under which and the limits within which wages may be assigned.

Article 11. Protection of wage claims in bankruptcy/insolvency proceedings. The Committee notes that sections 21–26 of the Labour Code provide for the establishment of a wage guarantee fund for the settlement of workers’ wage claims in the event of the employer’s insolvency. The Committee requests the Government to provide additional information on the composition, mandate and financing of the wage guarantee fund and to transmit a copy of the legal text(s) regulating its operation.

Part V of the report form. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for instance, statistics on the number of workers covered by relevant legislation, copies of collective agreements containing clauses on wage protection, extracts from reports of the labour inspection services showing the number of wage-related offences observed and sanctions imposed, etc.