Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the comments of the Confederation of Trade Union of the Slovak Republic (KOS SR) and the Government’s reply concerning the amendment to the Labour Code, which entered into effect on 1 September 2011. The Government indicates the following: (1) the 30 per cent representativeness required to be able to bargain in the enterprise refers to the totality of the members of existing organizations; (2) the way of proving representativeness is selected by the trade union organization, which may opt for a method that protects the anonymity of the members; and (3) works councils may not conclude an agreement when there is a trade union organization in the enterprise.

The Committee requests the Government once again to provide information, in its next report, on the decision to be issued the Constitutional Court has to take concerning the extension of collective agreements which, according to section 7 of Act No. 2/1001 as amended, no longer requires the employer’s consent in order for the latter to be bound by the extension of higher level collective agreements.