Private Employment Agencies Convention, 1997 (No. 181) - Czechia (Ratification: 2000)

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

Articles 2(4)(a), 3(2) of the Convention and parts III and V of the of the report form. Prohibitions. Determination of the conditions governing the operation of private employment agencies. Implementation in practice. The Committee notes with interest the comprehensive information provided by the Government with respect to amendments made to the legislative framework governing the operation of private employment agencies (“PEAs”), as well as on the practical implementation of the legislation, including information on inspections conducted, violations detected and fines imposed. The Government reports that restrictions exist with regard to employing foreign workers with a view to making them available to a user enterprise in Czechia for work in underground mines. These restrictions were introduced on the basis of proposals made by the Czech-Moravian Confederation of Trade Unions (ČMKOS) during consultations on the draft amendment to Government Regulation No. 64/2009 Coll., which pointed out that the hazardous and unpredictable nature of work in underground mines, combined with possible communication barriers faced by migrant workers in sudden crisis situations could have life-threatening results. The Government indicates that pursuant to Government Regulation No.374/2017, which amended Government Regulation No. 64/2009, PEAs cannot allocate foreigners to perform certain forms of temporary work in user enterprises for which a level of education lower than a secondary education is sufficient. The Committee notes that Government Regulation No 374/2017 now exempts 15 categories of temporary work – down from 20 prior to the amendment – from this general prohibition. In addition and to meet labour market demands, through Act No 206/2017 Coll., PEAs may now also make foreigners who hold a Czech employee card, a blue card, or a work permit available to user enterprises. The Committee further notes that section 309(8) of the Labour Code provides that collective agreements in user enterprises may impose additional restrictions preventing PEAs from placing their employees in user enterprises. The Government also reports that the Employment Act was amended by Act No 206/2017 Coll., which as of 29 July 2017 modified the conditions for granting permits to a legal or natural person applying for a permit to provide employment services, introducing the requirement that such applicant has to provide a deposit of CZK500,000 to ensure the PEA’s solvency, reliability and dependability and the payment of contributions. The Committee requests the Government to continue providing updated information on the nature and scope of prohibitions against the offering of services by PEAs in respect of certain categories of workers, including foreign workers, or in certain branches of economic activity. The Government is also requested to communicate information concerning the outcome of consultations held with the social partners in this regard and to provide examples of collective agreements concluded under section 309(8) of the Labour Code. Additionally, the Committee requests the Government to continue providing information on the manner in which the Convention is applied in practice, including statistics on inspections relating to PEAs, the number and nature of infringements identified and sanctions applied, if any, as well as disaggregated statistics on the number of workers covered by the measures giving effect to the Convention.

Article 6. Protection of personal data. The Government reports that workers’ personal data is protected in Czechia in particular through Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. The Committee requests the Government to provide examples of the practical application of measures aimed at ensuring the protection of workers’ personal data.

Article 12. Allocation of responsibilities between PEAs and user enterprises. In response to the Committee’s previous comments, the Government provides information on the general responsibilities of employers vis-à-vis their employees and the general allocation of responsibilities between PEAs and user enterprises pursuant to sections 307a, 308 and 309 of the Labour Code. The Committee requests the Government to provide additional specific information on the manner in which responsibilities are allocated between PEAs and user enterprises with respect to all of the elements set out in subsections (a) through (i) of Article 12, as well as on the manner in which compliance in this respect is ensured.

Article 13. Cooperation between the public employment service and PEAs. The Government indicates that based on section 59 of the Employment Act, PEAs are obliged to keep records of the number of vacancies on their mediation, the number of natural persons assigned and the number of employees employed to be made available to a user enterprise, which is to be communicated to the Directorate General of the Labour Office of the Czech Republic by 31 January of each year. In the absence of concrete information on the outcome of the consultations held within the working group of the Council of Economic and Social Agreement concerning the cooperation between the public employment service and PEAs as well as on other matters covered by the Convention, the Committee reiterates its request that the Government provide information in this regard and on the general manner in which efficient cooperation between the public employment service and PEAs is promoted, and how conditions for such cooperation are defined, established and periodically reviewed.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Czech-Moravian Confederation of Trade Unions (ČMKOS), incorporated into the Government’s report.

Article 2(4)(a) of the Convention. Prohibitions. In its previous comments, the Committee invited the Government to provide information on the reasons for the exclusion of certain types of temporary employment contracts from the services offered by private employment agencies. The Government notes that Government Regulation No. 64/2009 Coll., defining the types of temporary work contracts that cannot be filled through private employment agencies, was adopted as a response to labour market developments, specifically due to the need to regulate inflows of labour from abroad at a time when there is an excess supply of labour, predominately in sectors requiring low-skilled labour. The Government adds that the Regulation implements section 64 of the Employment Act and that this measure resulted in a preference for direct employment. The Committee notes the Government’s indication that the social partners were consulted regarding the Regulation within the plenary meeting of the Council of Economic and Social Agreement. The Committee further notes that section 66 of the Employment Act was amended to restrict private employment agencies from assigning an employee to temporary employment with a user enterprise where the worker has been issued a work permit, including an Employee Card or Blue Card. The Government indicates that this measure was discussed by the Council of Economic and Social Agreement in October 2011, in the context of the review of restrictions and prohibitions carried out pursuant to Article 4(2) of European Parliament and Council Directive 2008/104/EC. The Committee requests the Government to continue to provide updated information on the prohibitions placed upon services offered by private employment agencies in respect of certain categories of workers or branches of economic activity, as well as the consultations with the social partners in this regard.

Article 6. Protection of personal data. The Government indicates that workers’ personal data is protected by Act No. 101/2000 Coll., on personal data protection, as amended. According to section 5(d) of the Act, an administrator must collect personal data corresponding only to the specified purpose and to the extent required for the fulfilment of the determined purpose. Moreover, pursuant to section 17 of the Employment Act, personal data concerning natural persons and information concerning their past employers may only be acquired, processed and communicated for the purposes of brokering employment, provision of contributions for instruments and actions under the active employment policy, in relation to contributions to support the employment of persons with disabilities and for statistical use. The Committee also notes the privacy protections afforded to workers under section 316 of the Labour Code, as amended. The Committee requests the Government to continue to provide information on the manner in which workers’ personal data is protected, including by providing examples of the practical application of these measures aimed at ensuring the protection of workers’ personal data.

Article 12. Responsibilities of private employment agencies and user enterprises. In reply to the Committee’s previous comments, the Government provides information on the allocation of responsibilities between private employment agencies and user enterprises in relation to each of the areas covered by Article 12. The Committee notes in this regard that both the employment agency and user enterprise are jointly responsible with respect to collective bargaining, working time and working conditions, as well as access to training, and occupational safety and health. The Committee requests the Government to provide information on the practical application of this provision of the Convention, including in the areas mentioned, where both private employment agency and user enterprise are responsible for ensuring the effective protection of workers.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that the functioning of private employment agencies, including the conditions of cooperation between the public employment services and private employment agencies, is discussed in a working group of the Council of Economic and Social Agreement. The working group is comprised of representatives of the labour administration, employers and workers, as well as representatives of the Association of Employment Agencies. The Government also refers to sections 119 and 120 of the Employment Act which provide indications on the manner in which the public and private employment services must cooperate. The Committee requests the Government to continue to provide information on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted, and how conditions for such cooperation are defined, established and periodically reviewed. It also requests the Government to provide information on the outcome of the consultations held within the working group of the Council of Economic and Social Agreement concerning the cooperation between the public employment service and private employment agencies as well as on other matters covered by the Convention.

Application of the Convention in practice. In its observations, ČMKOS indicates that the Government’s report provides only a description of the legal regulations, but does not provide information on the application of the Convention in practice. ČMKOS notes that the current legal framework in the Czech Republic is fully compliant with the Convention, but expresses concern at what it considers to be an abnormal number of employment agencies and large-scale illegal employment practices. In response, the Government concurs that illegal employment practices through certain dishonest agencies do exist. Consequently, an amendment to the Employment Act is being prepared that would impose stricter rules and financial guarantees that private employment agencies would be required to meet in order to obtain and maintain their business licence. The Government considers that these legislative measures will reduce the number of employment agencies by eliminating non-compliant agencies. The Committee notes the employment statistics provided on the activities of private employment agencies for 2011–14. As of 30 July 2015, a total of 1,642 agencies were registered with a valid licence to carry on their activities, compared to 1,588 agencies in 2013 and 1,307 agencies in 2011. The Committee notes that 524 inspections were carried out in 2014 (394 at agencies and 130 at user enterprises) and 70 sanctions were imposed for a total amount of 3.22 million Czech koruna, representing a significant increase in both the number and amount of sanctions imposed in previous years (19 sanctions in 2013, 17 in 2012 and 13 in 2011). The Committee requests the Government to provide further information on the proposed amendments to the Employment Act concerning stricter rules and financial guarantees in relation to private employment agencies. It also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including extracts from inspection reports in relation to private employment agencies investigated, the number and nature of infringements reported and sanctions applied, as well as statistics on the number of workers covered by the measures giving effect to the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that the Government indicates that legislation came into effect on 1 January 2009 which extended the reasons for which personal data on natural persons and employers may be gathered, processed and disclosed. The Committee invites the Government to provide further information on the manner in which workers’ personal data is protected (Article 6 of the Convention). The Committee also invites the Government to continue to provide information on the application of the Convention in practice, including extracts from reports of the inspection services and information on the number of workers covered by the Convention, the number and nature of infringements reported and the manner in which they have been resolved (Article 13).

Article 2(4) of the Convention. Prohibitions and exclusions. The Government states in its report that the right to limit types of work for which an employment agency may not hire out temporary workers to work for the user was used in 2009. In this regard, the Committee notes that Government Regulation No. 64/2009 Coll., which came into effect on 27 March 2009, defines the types of temporary work contracts that cannot be filled with the assistance of employment agencies. The Regulation also provides that employment agencies cannot intermediate temporary jobs for foreigners if such a job requires lower qualification than a high school degree, and for jobs which are not mentioned in the annex to the Regulation (such as bricklayers, carpenters, welders, bus drivers, etc.). The Government reports that registration of foreigners with valid work permits employed by an employment agency, as of 1 December 2008, totalled 19,341; and at the end of 2009, this group registered 3,196. The Committee invites the Government to provide more information on the reasons for the exclusion of these types of temporary work contracts under Regulation No. 64/2009, and how an adequate protection is assured for the workers concerned. Please also indicate the employers’ and workers’ organizations consulted.

Article 12. Responsibilities of private employment agencies and user enterprises. The Government states in its report that the conditions of agency employment, i.e. temporary assignment of an agency employee for work to another employer (“user”), are regulated by sections 308 and 309 of Act No. 262/2006 Coll., the Labour Code, since January 2007. These provisions stipulate the obligation of an employment agency to conclude an agreement on temporary assignment of an employee of the employment agency with the relevant user and specify obligatory contents of such an agreement. This agreement must be concluded in writing and contain elements required by the legislation such as working and wage conditions, and occupational safety and health. The Committee refers to paragraph 313 of the 2010 General Survey concerning employment instruments and invites the Government to provide in its next report information on the measures taken to allocate responsibilities between private employment agencies and user enterprises in each of the areas set forth in Article 12 of the Convention.

Articles 13 and 14. Cooperation between public and private employment services, and sanctions in case of violations. The Government reports that the obligation of labour offices and private employment agencies to cooperate is provided in the Employment Act. It reports that employment agencies are obliged to report annual data regarding number of job vacancies for which requests for employment brokerage were received, the number of such assigned persons and the number of their employees who worked for a user. The Government also indicates that failure to provide these statistics may result in a fine and after repeated failures to submit data, the Ministry of Labour and Social Affairs shall withdraw the employment brokerage licence from the employment agency. The Committee notes the increased sanctions for enabling illegal work from CZK2–5 million. The Committee invites the Government to provide information on the formulation, establishment, and periodical review of conditions to promote cooperation between the public employment service and private employment agencies.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s replies to the 2006 direct request and statistical data received in October 2010. The Government indicates that 2,150 employment agencies with valid brokerage licences were registered in 2009, and that currently employment brokerage licences are held by 1,815 employment agencies. The Committee notes that, in 2009, labour offices performed 674 inspections of employment agencies and imposed 153 fines for a total amount of 22,330,881 Czech Koruna (CZK), and from January to August 2010, 358 inspections were performed and 156 fines were imposed for a total amount of CZK6,085,500. The Government also indicates that legislation came into effect on 1 January 2009 which extended the reasons for which personal data on natural persons and employers may be gathered, processed and disclosed. The Committee invites the Government to provide further information on the manner in which workers’ personal data is protected (Article 6 of the Convention). The Committee also invites the Government to continue to provide information on the application of the Convention in practice, including extracts from reports of the inspection services and information on the number of workers covered by the Convention, the number and nature of infringements reported and the manner in which they have been resolved (Article 13 and Part V of the report form).

Article 2(4) of the Convention. Prohibitions and exclusions. The Government states in its report that the right to limit types of work for which an employment agency may not hire out temporary workers to work for the user was used in 2009. In this regard, the Committee notes that Government Regulation No. 64/2009 Coll., which came into effect on 27 March 2009, defines the types of temporary work contracts that cannot be filled with the assistance of employment agencies. The Regulation also provides that employment agencies cannot intermediate temporary jobs for foreigners if such a job requires lower qualification than a high school degree, and for jobs which are not mentioned in the annex to the Regulation (such as bricklayers, carpenters, welders, bus drivers, etc.). The Government reports that registration of foreigners with valid work permits employed by an employment agency, as of 1 December 2008, totalled 19,341; and at the end of 2009, this group registered 3,196. The Committee invites the Government to provide more information on the reasons for the exclusion of these types of temporary work contracts under Regulation No. 64/2009, and how an adequate protection is assured for the workers concerned. Please also indicate the employers’ and workers’ organizations consulted.

Article 12. Responsibilities of private employment agencies and user enterprises. The Government states in its report that the conditions of agency employment, i.e. temporary assignment of an agency employee for work to another employer (“user”), are regulated by sections 308 and 309 of Act No. 262/2006 Coll., the Labour Code, since January 2007. These provisions stipulate the obligation of an employment agency to conclude an agreement on temporary assignment of an employee of the employment agency with the relevant user and specify obligatory contents of such an agreement. This agreement must be concluded in writing and contain elements required by the legislation such as working and wage conditions, and occupational safety and health. The Committee refers to paragraph 313 of the 2010 General Survey concerning employment instruments and invites the Government to provide in its next report information on the measures taken to allocate responsibilities between private employment agencies and user enterprises in each of the areas set forth in Article 12 of the Convention.

Articles 13 and 14. Cooperation between public and private employment services, and sanctions in case of violations. The Government reports that the obligation of labour offices and private employment agencies to cooperate is provided in the Employment Act. It reports that employment agencies are obliged to report annual data regarding number of job vacancies for which requests for employment brokerage were received, the number of such assigned persons and the number of their employees who worked for a user. The Government also indicates that failure to provide these statistics may result in a fine and after repeated failures to submit data, the Ministry of Labour and Social Affairs shall withdraw the employment brokerage licence from the employment agency. The Committee notes the increased sanctions for enabling illegal work from CZK2–5 million. The Committee invites the Government to provide in its next report information on the formulation, establishment, and periodical review of conditions to promote cooperation between the public employment service and private employment agencies.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report received in October 2005 including detailed replies to the points raised in the 2003 direct request and the observations from the Czech-Moravian Confederation of Trade Unions (CMKOS), attached to the report. The Committee also notes the Government’s statement indicating that no recourse will be made to the provisions of Article 2, paragraph 4(b), of the Convention. It notes that the newly adopted Employment Act establishes the obligation for the labour offices and the private employment agencies to cooperate. The Government indicates that private employment agencies report annually to the Ministry of Labour and Social Affairs on the number of vacancies, the number of people placed and the number of temporary workers. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including extracts of reports of the inspection services and information on the number of workers covered by the Convention, the number and nature of infringements reported and the manner in which they have been resolved (Article 13 and Part V of the report form).

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first report on the application of the Convention, received in November 2002.

Article 2, paragraph 4, and Articles 11 and 12 of the Convention. The Committee notes the Government’s statement indicating that the services covered under Article 1, paragraph 1(b), of the Convention "are not currently being realized and the legal order does not currently enable them. The amendment of the Act on Employment, which shall enable this form of services, is currently under preparation and it is assumed that it will become effective in 2003". The Committee trusts that the Government will report in detail on the adoption of new legislation and its effect on the application of the Convention. Please indicate whether, after consulting the most representative organizations of employers and workers concerned, it has had recourse to the provisions of Article 2, paragraph 4. Please provide full particulars on the measures taken under the new legislation to ensure protection for workers in the areas described in Article 11 and the way in which responsibilities are allocated between private employment agencies and user enterprises in the areas described in Article 12.

Article 8, paragraph 1. The Committee notes that if private employment agencies are granted a licence to carry out employment services abroad, they are obliged to do so in compliance with international agreements. Please provide further information on the measures taken to provide adequate protection for, and prevent abuses against, migrant workers recruited or placed in the territory of the Czech Republic, including particulars on the employers’ and workers’ organizations that were consulted on this matter.

Article 8, paragraph 2. Please indicate whether bilateral agreements have been concluded with countries with substantial migrant flows to or from the Czech Republic, and specify how they prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

Article 9. The Committee notes that section 11 of the Labour Code establishes the minimum age for admission to work at 15 years. The Government also reports that a general regulation on child labour is currently under preparation. Please provide further information on the measures taken to ensure that child labour is not used or supplied by private employment agencies.

Article 10. The Committee notes that the investigation of complaints is carried out by labour offices based on the programme of inspections and on complaints made by individuals or trade unions in cases in which it is suspected that obligations are not being fulfilled in accordance with the applicable legislation. Please describe in more detail how this mechanism operates in practice for the investigation of allegations of abuses and fraudulent practices concerning the activities of private employment agencies.

Article 13, paragraph 1. The Committee would appreciate receiving further indications on the conditions established to promote cooperation between the public employment service and private employment agencies. The Government might deem it useful to consider this matter when providing information on the application of Article 10 of the Employment Service Convention, 1948 (No. 88), in its report due in 2005.

Part V of the report form. Please supply examples of the information provided to the competent authorities by private employment agencies (Article 13, paragraphs 3 and 4) and on the number of workers covered by the Convention, the number and nature of infringements reported and, taking into account the adoption of new legislation envisaged for 2003, a general appreciation of the manner in which the Convention is applied in the Czech Republic.