Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Czechia (Ratification: 1993)

The Committee notes the Government’s report and its reply to the comments made by the International Confederation of Free Trade Unions (ICFTU, now ITUC – the International Trade Union Confederation) in 2006 and by the Czech-Moravian Confederation of Trade Unions (CMKOS). The Committee also notes the comments of the ITUC dated 28 August 2007, with regard to alleged acts of anti-union discrimination and requests the Government to send its observations thereon.

The Committee notes the recent adoption of the new Labour Code (Act No. 262/2006), with a view to a better application of the Convention. The Committee notes that according to the latest comments by the ITUC, the new Labour Code opens up new opportunities for collective bargaining both in the public and private sectors.

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. The Committee’s previous comments concerned measures taken to increase the efficiency of the system of protection against anti-union discrimination and interference. The Committee had taken note in this context of the adoption of Act No. 251/2005 on labour inspection and the possibility of out-of-court settlement of labour law disputes set up through third (neutral) party mediation.

The Committee notes that the ICFTU and the CMKOS refer to frequent cases of violations of trade union rights, such as anti-union practices that clearly undermine freedom of association, especially in newly established companies.

The Committee notes from the Government’s reply to these comments, that the labour inspection has not registered any proven case of anti-union discrimination (which is prohibited in the Labour Code) since the entry into force of the Labour Inspection Act No. 251/2005 and that there are only two allegations of anti-union discrimination which are currently under investigation.

Given the divergence between the information provided by the Government and the comments made by workers’ organizations, the Committee requests the Government to provide in its next report an overall assessment of the effectiveness of the system of protection against anti-union discrimination and interference, in consultation with the most representative employers’ and workers’ organizations, including data on the number of complaints brought to the labour inspection and the courts, as well as the duration of proceedings and their outcome.