Solicitud directa (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

Convenio sobre la protección del salario, 1949 (núm. 95) - Eslovaquia (Ratificación : 1993)

The Committee notes the Government’s report. With reference to its previous comments, the Committee requests the Government to provide further information on the following points.

Article 1 of the Convention. The Committee notes from the Government’s report that "wage replacement" and stand-by pay represent pecuniary remuneration payable by an employer to an employed person for the time he/she is prevented from or unable to perform any work for various reasons (e.g. leave, obstructions to work, public holiday, stand-by order) but they are not deemed to constitute wages within the meaning of section 4(2) of Act No. 1/1992 concerning wages, stand-by pay and average earnings. In this connection, the Committee is bound to recall that the Convention, in the interest of affording the broadest possible protection to wage earners, uses the term "wage" in a generic sense so as to apply to any remuneration or earnings, however designated or calculated, thus including not only the basic wage but also any other allowance or benefit payable to the worker by virtue of a written or unwritten contract of employment. The Committee notes that the Government is in the process of preparing a new draft Labour Code. It therefore hopes that the Government will take appropriate steps to ensure that the new legislation fully reflects the requirements of the Convention in this regard.

Article 4. The Committee notes the Government’s indication that section 123 of the Labour Code was repealed by Act No. 206/1996 of 20 June 1996. It requests the Government to transmit the text of the said Act. In addition, the Committee would be grateful to the Government for supplying further information on the practical application of section 13 of Act No. 1/1992 on wages in kind, and also indicating the measures taken to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family, and that the value attributed to such allowances is fair and reasonable.

Articles 6 and 7. The Committee notes the Government’s statement to the effect that draft articles 127 and 130 of the new Labour Code follow closely the provisions of the Convention concerning the free disposal of wages and the operation of workers’ stores. The Committee recalls, in this respect, that the Convention requires appropriate legislative provisions specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages and also guaranteeing that workers are free from any coercion in relation to the use of company stores and services. The Committee asks the Government to communicate a copy of the above draft articles.

Articles 8 and 10. The Committee notes the provisions of Government Decree No. 89/1997 on the amounts of wage (salary) deductions pursuant to forced execution of court rulings. Noting that the said Decree fixes a specific amount, and not a proportion of the wages, to be immune from deduction or attachment, the Committee asks the Government to further clarify whether this amount is deemed sufficient to enable workers and their families to satisfy their basic needs, as required under Article 10(2) of the Convention, and also to indicate whether national laws or regulations provide for the periodic review of such amount. The Committee also requests the Government to provide the text of Government Decree No. 223/1988 establishing the order of authorized wage deductions.

In addition, the Committee recalls that the Convention provides for the protection of wages not only against attachment but also against assignment, and therefore asks the Government to supply information on the measures taken or contemplated to ensure the application of the Convention in this respect.

Article 9. In the absence of response to its previous comment on this point, the Committee again requests the Government to specify the legislative or other provision expressly prohibiting deductions from wages with a view to ensuring direct or indirect payments to the employer or intermediaries for the purpose of obtaining or retaining employment.

Article 12(1). The Committee notes from the Government’s report that the new draft Labour Code lays down an obligation for the employer to provide in the employment contract for concrete intervals of wage payment. The Committee asks the Government to communicate the text of any relevant provision aimed at ensuring the regular payment of wages.

Article 15(c). The Committee notes the Government’s indication that, as from 1 July 2001, section 270(a) and (b) of the Labour Code were repealed by article III(2) of Act No. 95/2000 of 8 February 2000 on Labour Inspection. The Committee notes that under section 17(1)(a) of the new legislation the Labour Inspectorate is entitled to impose fines to employers for violations of obligations in respect of wage regulations up to the amount of 1,000,000 SKK.

Part V of the report form. The Committee requests the Government to include appropriate information in future reports on the enforcement of national legislation regarding wage protection, particularly on the results of inspection visits, the number and nature of infringements observed, and the penalties imposed.