Weekly Rest (Industry) Convention, 1921 (No. 14) - Czechia (Ratification: 1993)

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

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

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. Further to its previous comment, the Committee notes the Government’s renewed reference to section 92(3) of the Labour Act which requires a continuous rest period per week of at least 24 hours, even in those exceptional cases where the ordinary weekly rest of 35 hours needs to be reduced, provided that the employees concerned receive of a continuous rest period of 70 hours within two weeks. The Committee wishes to observe, in this respect, that further exceptions are provided for in section 91(3) in the case of urgent repairs, loading and unloading, inventory-taking, transport, health and cultural services and also in section 93(2) in the case of overtime required in case of serious operational reasons (within the limit of eight hours per week). Under both these provisions, work may be performed on a continuous rest day in a manner that possibly does not permit an uninterrupted rest of at least 24 hours, in which case the need for compensatory rest might arise. The Committee notes, in this regard, that whereas section 114(1) provides that compensatory time off may be agreed instead of extra pay in the case of overtime work, section 118 provides only for a 10 per cent premium to be paid in the case of work on Saturdays and Sundays.The Committee trusts that the Government will take at the next suitable occasion appropriate steps to ensure that when workers are required on whatever grounds to perform work on a weekly rest day, they are granted, as far as possible, compensatory rest irrespective of any monetary compensation.

In addition, the Committee notes the comments of the Czech-Moravian Confederation of Trade Unions (ČMKOS) included in the Government’s report according to which the 35-hour weekly rest rule does not apply to work carried out on the basis of an agreement to perform work outside the employment, as provided for in sections 76–77 of the Labour Code. The ČMKOS also indicates that based on its health and safety inspections, an alarming situation seems to exist in the catering, hotel and tourism sector where employers do not provide employees with uninterrupted weekly rest or they reduce it substantially.The Committee requests the Government to transmit any further comments it may wish to make in response to the observations of the ČMKOS.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. Further to its previous comment, the Committee notes the Government’s renewed reference to section 92(3) of the Labour Act which requires a continuous rest period per week of at least 24 hours, even in those exceptional cases where the ordinary weekly rest of 35 hours needs to be reduced, provided that the employees concerned receive of a continuous rest period of 70 hours within two weeks. The Committee wishes to observe, in this respect, that further exceptions are provided for in section 91(3) in the case of urgent repairs, loading and unloading, inventory-taking, transport, health and cultural services and also in section 93(2) in the case of overtime required in case of serious operational reasons (within the limit of eight hours per week). Under both these provisions, work may be performed on a continuous rest day in a manner that possibly does not permit an uninterrupted rest of at least 24 hours, in which case the need for compensatory rest might arise. The Committee notes, in this regard, that whereas section 114(1) provides that compensatory time off may be agreed instead of extra pay in the case of overtime work, section 118 provides only for a 10 per cent premium to be paid in the case of work on Saturdays and Sundays. The Committee trusts that the Government will take at the next suitable occasion appropriate steps to ensure that when workers are required on whatever grounds to perform work on a weekly rest day, they are granted, as far as possible, compensatory rest irrespective of any monetary compensation.

In addition, the Committee notes the comments of the Czech-Moravian Confederation of Trade Unions (ČMKOS) included in the Government’s report according to which the 35-hour weekly rest rule does not apply to work carried out on the basis of an agreement to perform work outside the employment, as provided for in sections 76–77 of the Labour Code. The ČMKOS also indicates that based on its health and safety inspections, an alarming situation seems to exist in the catering, hotel and tourism sector where employers do not provide employees with uninterrupted weekly rest or they reduce it substantially. The Committee requests the Government to transmit any further comments it may wish to make in response to the observations of the ČMKOS.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2 of the Convention. Period of weekly rest. The Committee notes the Government’s reference to the new Labour Code No. 262/2006 Coll., section 92(1) of which reproduces the relevant provision of the previous Labour Code of 1965 and provides for a continuous rest period of 35 hours in every period of seven consecutive calendar days, or at least 48 hours per week in the case of an adolescent employee. It also notes that, under section 92(2) of the Labour Code, where operations so allow, the employer is required to schedule so that the continuous rest period falls on the same day for all employees and includes Sunday.

Article 5. Compensatory rest. The Committee notes the Government’s explanation that, since section 92(3) of the Labour Code provides for an uninterrupted weekly rest period of at least 24 hours even in those exceptional cases where the rest period may be reduced by virtue of section 90(2), the question on compensatory rest within the meaning of Article 5 of the Convention does not arise. The Committee notes, however, that the Labour Code does not contain any provisions as regards compensatory rest periods for exceptions made in accordance with sections 91(2)–(4) and 93(2). While noting the Government’s indication that the parties to an employment relationship may agree on compensation for overtime work either in the form of extra pay or compensatory time off, the Committee requests the Government to specify the legal provisions, if any, that guarantee that workers who are required for whatever reason to perform work on a weekly rest day receive, as far as possible, compensatory rest so as to enjoy every week the minimum of rest and leisure they need in order to preserve their health and well-being, in accordance with the letter and the spirit of the Convention.

Article 7. Posting of notices. While noting that, under section 96 of the Labour Code, employers must keep itemized records of each individual employee’s working hours, overtime, night work and standby, and, while also noting that under section 279 of the Labour Code employers must inform employees about fundamental issues of working conditions, the Committee requests the Government to indicate how it is ensured that workers are kept informed of the weekly rest schedule applicable to them by means of notices (where the weekly rest is given to the whole of the staff collectively) or rosters (where the rest period is not granted to the whole of the staff collectively), as required by this Article of the Convention.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the number of infringements related to the statutory duration of weekly rest periods recorded in the period from September 2003 to June 2008. The Committee would be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, etc.

Finally, the Committee wishes to recall the decision of the ILO Governing Body, according to which the ratification of up to date Conventions, including
the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly
Rest (Commerce and Offices) Convention, 1957 (No. 106), should be
encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). Therefore, the Committee once again invites the Government to contemplate ratifying Convention No. 106 – especially since the relevant legislation is of general application and covers equally industry and commerce – and to keep the Office informed of any decisions taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1, of the Convention. Scope of application. The scope of the Labour Code includes the categories of employees enumerated in
sections 1–6. Certain categories (e.g. members of cooperatives, section 3) are governed by the Labour Code, unless another Act provides otherwise. The Committee requests the Government to indicate any specific provisions on weekly rest applicable to these employees, other than those of the Labour Code.

Article 5. Compensatory rest. The Committee notes that the Labour Code does not provide for compensatory rest periods in the case of exceptions authorized in accordance with sections 91(2)–(4) and 96(1) and (2). Furthermore, section 96(3) of the Labour Code, while mentioning time off to be granted for overtime work, does not refer to any concrete provisions stipulating compensatory rest. The Committee therefore asks the Government to indicate any measures taken or envisaged with a view to providing, as far as possible, compensatory rest periods for workers engaged in industrial undertakings, under the circumstances specified under sections 91(2)–(4) and 96(1) and (2) of the Labour Code.

Part V of the report form. Application in practice. Please supply extracts from inspection reports and statistical data on the number of workers covered by the legislation on weekly rest as well as the number and nature of contraventions reported.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1, of the Convention. The scope of the Labour Code includes the categories of employees enumerated in sections 1 to 6. Certain categories (e.g. members of cooperatives, section 3) are governed by the Labour Code, unless another Act provides otherwise. The Committee requests the Government to supply any specific provisions on weekly rest applicable to these employees, other than those of the Labour Code.

Article 5. The Committee notes that the Labour Code does not provide for rest periods arranged to compensate for exceptions authorized in accordance with sections 91(2) to (4) and 96(1) and (2). Furthermore, section 96(3) of the Labour Code, while mentioning time off to be granted for overtime work, does not refer to any concrete provisions stipulating compensatory rest. The Committee therefore asks the Government to indicate any measures taken or envisaged with a view to providing, as far as possible, compensatory rest periods for workers engaged in industrial undertakings, under the circumstances specified under sections 91(2) to (4) and 96(1) and (2) of the Labour Code.

Part V of the report form. Please supply extracts from inspection reports and statistical data on the number of workers covered by the legislation on weekly rest as well as the number and nature of contraventions reported.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

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

The Committee notes the Labour Code No. 65/1965, as amended up to 1 January 2003, and Decree No. 461/2000, repealing section 5 of Decree No. 108/1994, whose provisions on weekly rest were inconsistent with Articles 2 and 5 of the Convention. It further notes Act No. 475/2001 on hours of work and rest periods of employees with unevenly distributed working hours in transport. The Committee requests the Government to provide additional information on the following points.

Article 1, paragraph 1, of the Convention. The scope of the Labour Code includes the categories of employees enumerated in sections 1 to 6. Certain categories (e.g. members of cooperatives, section 3) are governed by the Labour Code, unless another Act provides otherwise. The Committee requests the Government to supply any specific provisions on weekly rest applicable to these employees, other than those of the Labour Code.

Article 5. The Committee notes that the Labour Code does not provide for rest periods arranged to compensate for exceptions authorized in accordance with sections 91(2) to (4) and 96(1) and (2). Furthermore, section 96(3) of the Labour Code, while mentioning time off to be granted for overtime work, does not refer to any concrete provisions stipulating compensatory rest. The Committee therefore asks the Government to indicate any measures taken or envisaged with a view to providing, as far as possible, compensatory rest periods for workers engaged in industrial undertakings, under the circumstances specified under sections 91(2) to (4) and 96(1) and (2) of the Labour Code.

Part V of the report form. Please supply extracts from inspection reports and, if available, statistical data on the number of workers covered by the legislation on weekly rest as well as the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes from the Government’s latest report, the adoption of Act No. 74/1994 and Government Decree No. 108/1994, amending section 92 of the Labour Code with respect to the exemptions from weekly rest. The Committee notes in particular, that under section 5 of Decree No. 108/1994, employers must grant transport workers a rest period of at least 32 consecutive hours every three weeks in all cases in which working hours have been extended, due to operational reasons. The Government’s report also indicates that for drivers delivering shipments, weekly rest can be shortened to 18 consecutive hours from 32 hours. Furthermore, in all cases in which there has been an exception to the weekly rest provisions, such as when natural and industrial disasters have occurred, the employer must grant the affected workers a rest period of at least 64 consecutive hours every four weeks. Finally, the Government states that in operations with irregular working hours, the employer and worker concerned may agree to a rest period of at least 32 consecutive hours every two weeks.

The Committee would like to point out to the Government that under the various rest periods arranged to compensate for authorized exceptions, noted above, workers concerned do not effectively enjoy a rest period equivalent to at least 24 consecutive hours every seven days. In this regard, the Committee recalls that in accordance with Article 2 of the Convention, every worker shall enjoy in every period of seven days a period of rest comprising of at least 24 consecutive hours, and that Article 5 provides for, as far as possible, compensatory rest periods in cases where exceptions have been made. It requests the Government to indicate the measures taken or contemplated to bring the legislation into conformity with the Convention on this point.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes from the Government's latest report, the adoption of Act No. 74/1994 and Government Decree No. 108/1994, amending section 92 of the Labour Code with respect to the exemptions from weekly rest. The Committee notes in particular, that under section 5 of Decree No. 108/1994, employers must grant transport workers a rest period of at least 32 consecutive hours every three weeks in all cases in which working hours have been extended, due to operational reasons. The Government's report also indicates that for drivers delivering shipments, weekly rest can be shortened to 18 consecutive hours from 32 hours. Furthermore, in all cases in which there has been an exception to the weekly rest provisions, such as when natural and industrial disasters have occurred, the employer must grant the affected workers a rest period of at least 64 consecutive hours every four weeks. Finally, the Government states that in operations with irregular working hours, the employer and worker concerned may agree to a rest period of at least 32 consecutive hours every two weeks.

The Committee would like to point out to the Government that under the various rest periods arranged to compensate for authorized exceptions, noted above, workers concerned do not effectively enjoy a rest period equivalent to at least 24 consecutive hours every seven days. In this regard, the Committee recalls that in accordance with Article 2 of the Convention, every worker shall enjoy in every period of seven days a period of rest comprising of at least 24 consecutive hours, and that Article 5 provides for, as far as possible, compensatory rest periods in cases where exceptions have been made. It requests the Government to indicate the measures taken or contemplated to bring the legislation into conformity with the Convention on this point.