Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Tchéquie (Ratification: 1993)

The Committee notes the Government’s report as well as its reply to the comments made by the Czech-Moravian Confederation of Trade Unions (CMKOS) and the International Confederation of Free Trade Unions (ICFTU).

1. Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. The Committee’s previous comments concerned measures taken to increase the efficiency of the system of protection against anti-union discrimination and interference. The Committee had asked the Government to keep it informed of developments concerning draft legislation on labour inspection and on the extra judicial settlement of disputes, as well as a review of measures adopted to speed up civil law litigation.

The Committee notes in this respect that, in their recent comments, the CMKOS and the ICFTU make reference to several acts of anti-union discrimination and interference, adding that, despite the existing legal guarantees against anti-union discrimination, there are many violations of the right to organize in practice. The Committee requests the Government to provide its observations on these comments.

The Committee notes from the Government’s report that: (1) Act No. 251/2005 on labour inspection entered into force on 1 July 2005. Its provisions regulate offences and misconducts in the context of cooperation between the employer and the body acting on behalf of employees as well as breaches of equal treatment, including on the basis of trade union membership and activities. For these offences, a penalty can be imposed in the range stipulated by the law; and (2) with regard to the issue of out-of-court settlement of labour law disputes, the Ministry of Justice decided that the best option was to set up third (neutral) party mediation instead of arbitration commissions which had caused many delays in the past. A special Steering Committee established in 2004 (with the participation of representatives from the Ministry of Justice, Probation and Mediation Service, the Judges Union, the Czech Bar Association and other organizations) proposed the adoption of a special law in the field of mediation including on labour law matters. The Steering Committee also drafted proposals on the mediators’ training and education system. Preparations of draft proposals concerning education, mediation and cooperation with courts are under way. These proposals should be tested in practice within a pilot project to be launched on 1 January 2007.

The Committee takes note of this information with interest. The Committee requests the Government to indicate in its next report any observed improvements in the protection afforded against acts of anti-union discrimination and interference in practice, pursuant to the entry into force of Act No. 251/2005 on labour inspection. It also requests the Government to keep it informed of progress made in the establishment of a pilot project on mediation with regard to labour relations. Finally, the Committee requests the Government to provide information on the review of measures taken to speed up civil law litigation.

2. Article 4 of the Convention. Collective bargaining rights of civil servants not engaged in the administration of the State. The Committee notes from the Government’s report that the Labour Code (Act No. 65/1965 as amended) applies to employees in the public sector who may engage in collective bargaining so as to negotiate their working conditions in the framework set up by the Labour Code (section 20).