Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee had requested the Government to provide information on the decision to be issued by the Constitutional Court concerning the extension of collective agreements which, according to section 7 of Act No. 2/1991 Coll. on Collective Bargaining (Collective Bargaining Act) 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. Recalling that the employer(s) affected by the extension of collective agreements should be fully consulted before the authorities take the decision, the Committee had also requested the Government to report on any measures envisaged or taken in this connection.

The Committee notes that the Government indicates that: (i) the Constitutional Court has not issued a decision on the matter yet; and (ii) the extension of higher level collective agreements is regulated by sections 7 and 7(a) of the Collective Bargaining Act as last amended by Act No. 416/2013 Coll. (enclosed with the report). The Committee observes that, according to section 7(7) and (8) of the Collective Bargaining Act as last amended, an employer to which it is proposed to extend the binding effect of a higher level collective agreement may submit to the Ministry written objections to the extension proposal, and that these objections are the subject of consultations held in the framework of an advisory commission to be established by the Ministry, which is mainly composed of representatives of the Ministry, of representative employers’ organizations and representative trade union organizations. The Committee requests the Government to provide details on the working of this advisory committee in practice and once again requests the Government to provide information on the ruling to be handed down by the Constitutional Court concerning the extension of collective agreements.