Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Maternity Protection Convention, 2000 (No. 183) - Czechia (Ratification: 2017)

The Committee notes the Government’s first report.

Articles 2 and 8(1) of the Convention. Coverage and protection against dismissal of women in atypical forms of dependent work. The Committee notes the indication by the Government that the provisions of the Convention are applied by the Sickness Insurance Act and the Labour Code, which cover insured persons working under an employment agreement. The Committee further notes that the Labour Code does not apply to the categories of women working under agreements on work performed outside standard employment relationships, such as short-term employment contracts, and atypical workers. In particular, the Committee notes that, according to section 77 of the Labour Code, protection from dismissal or immediate termination is provided only to employees in standard employment relationships, and that it does not apply to workers in atypical forms of employment, such as those employed under short-term contracts. The Committee recalls that, according to Articles 2 and 8(1) of the Convention, all employed women, including those in atypical forms of dependent work must benefit from the protection set out therein, including protection against termination of employment during pregnancy, absence on leave, or during a period following her return to work and breastfeeding, in line with Article 9 of the Convention. The Committee requests the Government to provide information on the legislative provisions governing maternity protection for the categories of employed women excluded from the scope of the Labour Code, and the manner in which they guarantee the application of the Convention in all its aspects, particularly concerning provision of protection against termination of the employment relationship during pregnancy, leave and breastfeeding period. The Committee also requests the Government to provide statistics on the total number of employed women making social security contributions, including the number of those in atypical forms of dependent work (e.g. home work, telework,or temporary work).

Article 6(2) and (3). Level of maternity cash benefits. The Committee notes the Government’s indication that, according to section 37 of the Sickness Insurance Act, maternity cash benefits are paid at a rate of 70 per cent of the Daily Assessment Base (Denní vyměřovací základ), which is calculated applying different percentages over gross monthly earnings of the last 12 months preceding the leave, depending upon certain salary thresholds (100 per cent up to CZK1,298 (€52) per day, 60 per cent for salaries between CZK1,298 (€52) and CZK1,946 (€78) per day, and 30 per cent for salaries between CZK1,946 (€78) to CZK3,892 (€156)). The Committee further observes that, according to Eurostat, the at-risk-of-poverty threshold value was estimated at €531 per month in 2021 in Czechia and that the minimum wage was established in €642 for the same year. Recalling that, according toArticle 6(3) of the Convention, maternity benefits based on women’s previous earnings must represent at least two-thirds of those earnings (66.6 per cent), the Committee requests the Government to provide explanations on the manner in which such a replacement rate is secured to all women protected, based on the calculation of the Daily Assessment Base for all the levels of salary. The Committee also requests the Government to indicate, with reference to relevant cost-of-living indicators, if the level of maternity cash benefits to which all women protected are entitled, regardless of the level of their salary, is sufficient to ensure that they can maintain themselves and their children in proper conditions of health and with a suitable standard of living, in accordance with Article 6(2) of the Convention.

Article 6(6). Adequate benefits out of social assistance funds. The Committee takes note of the information provided by the Government that any benefits from social assistance funds or benefits from non-insurance social systems are ensured in the Czech legal order through Act No 111/2006 Coll., on assistance in material need, and by Act No 117/1995 Coll., on state social support. The Committee observes that, according to the information provided by the Ministry of Labour and Social Affairs, the total amount of the minimum subsistence level recognized for a single person is CZK4,680 (€188,5) per month, which can be increased by CZK2,360 (€96,3) for one dependent child under 6 years old, amounting to CZK6,980 (€285). The Committee observes that this amount is below the Eurostat at-risk-of-poverty threshold value noted above, i.e., €531 per month in 2021. It also observes that in its 2022 conclusions on the compliance with Article 13(1) on the right to social and medical assistance of the European Social Charter, the European Committee of Social Rights considered that the level of social assistance in Czechia was manifestly inadequate on the basis that the minimum assistance that could be obtained was not compatible with the poverty threshold. In view of the above, the Committee requests the Government to provide information on any additional cash benefits provided to women workers who do not qualify for social insurance maternity benefits, in case of maternity or in respect of their children, to ensure that they can maintain themselves and their children in proper conditions of health and with a suitable standard of living, as required by Article 6(2) of the Convention.

Article 11. Periodic review of maternity leave and rate of payment. The Committee takes note of the information provided by the Government that regulations as to sickness insurance and maternity benefits rank among the main questions discussed by the Council of Economic and Social Agreement, and that participation of social partners in the legislative process concerning those areas is enshrined in section 320 et seq. of the Labour Code. The Committee requests the Government to provide information on the outcome of the periodic reviews undertaken by the Council of Economic and Social Agreement in application of Article 11 of the Convention, and of any subsequent development concerning the duration of maternity leave and rate of cash benefits.