Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4, paragraph 2, of the Convention. Health assessment. The Committee notes the Government’s indication that effect is given to this provision of the Convention through Act No. 101/2000 on personal data protection. More concretely, the Government refers to sections 4(b), 10 and 13 of the Act which qualify the personal data revealing a person’s state of health as sensitive data, and require that during the processing of personal data, measures should be taken to ensure that the person concerned does not suffer injury to his/her rights, especially the right to the preservation of human dignity, and also to ensure protection against unlawful intervention into the private and personal life of the person concerned as well as against unauthorized or accidental access or other misuse of personal data. The Committee would appreciate receiving a copy of the Act on personal data protection.

Article 6, paragraph 2. Workers unfit for night work. The Committee notes the Government’s explanations concerning the termination of employment, at the employer’s initiative, of a worker who is medically certified as unable to carry out his existing work and the related measures of protection or assistance, as regulated in sections 46(1)(d) and 47(1) of the Labour Code. The Committee considers, however, that these provisions are not strictly relevant to the obligation set forth in this Article of the Convention, namely that workers who are permanently unfit to work at night, but may not necessarily be unfit for day work, and whose transfer to an alternative post proves impracticable, should be entitled to the same benefits (for instance unemployment, sickness or disability benefits) as those day workers who are generally unfit for work. The Committee requests therefore the Government to take the necessary measures in order to give full effect to this provision of the Convention and to eliminate any ambiguity in this respect.

Article 7, paragraph 3(c). Maternity protection. While noting the Government’s reference to section 37(5) of the Labour Code, the Committee is bound to recall that this Article of the Convention calls for a specific legislative provision guaranteeing that during their temporary transfer to day work on maternity grounds, pregnant or breastfeeding workers may not suffer any loss with regard to benefits their regular night work position normally carries. The Committee therefore asks the Government to indicate the measures taken or envisaged in order to give effect to this requirement of the Convention.

Part V of the report form. Application in practice. The Committee would be grateful if the Government could continue providing up to date and detailed information regarding the application of the Convention in practice, including, for instance, extracts from labour inspection reports, copies of official studies on the extent and effects of night working in general, statistics on the number of workers covered by the relevant legislation, as well as any difficulties encountered in the application or enforcement of the Convention.