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Labour Administration Convention, 1978 (No. 150) - Czechia (RATIFICATION: 2000)

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Article 4 of the Convention. Organization and effective operation of the labour administration system. The Committee notes the Government’s indication that the Ministry of Labour and Social Affairs manages both the State Labour Inspection Office and the Labour Office of the Czech Republic. The Government indicates that this Labour Office was established in 2011 (pursuant to Act No. 73/2011), to address problems with the previous organizational structure including inflexible management, disunity with regard to decision making and a lack of internal organization. The Labour Office performs tasks related to employment, employee protection in the case of the insolvency of an employer, state social support, benefits for persons with disabilities and inspection of the provision of social services and poverty assistance. The Labour Office has a General Directorate, as well as 14 regional branches. The General Directorate monitors and evaluates the overall situation of the labour market and takes measures to influence job demand and supply. It also provides the Ministry of Labour and Social Affairs with data used to develop programmes of the state employment policy and to address other labour market issues, and provides guidance on the impact of this policy. The Committee requests the Government to provide information on the measures taken to ensure the effective coordination of the functions and responsibilities between the offices within the Ministry of Labour and Social Affairs, particularly the Office of the State Labour Inspectorate and the Labour Office, as well as their regional branches. It requests the Government to provide extracts of reports of these principal institutions of the labour administration system, with its next report.

Article 10. Human resources and material means necessary for the operation of the labour administration system. The Committee notes the Government’s statement that in July 2014, the Government decided to increase the number of staff at the Labour Office by 600 persons, in order to address unsatisfactory staffing. The Committee also notes the Government’s indication that in the context of the discussions of the Government’s draft report with the social partners, the Confederation of Industry stressed the importance of not only strengthening the capabilities of the Labour Office, but also improving its efficiency. This comment was also supported by the Czech-Moravian Confederation of Trade Unions (CM KOS). The Committee requests that the Government provide information on any measures taken or envisaged to improve the efficiency or strengthen the capacity of the Labour Office, including steps to ensure that its staff have the material means and financial resources necessary for the effective performance of their duties.

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The Committee notes the Government’s report which was received at the Office on 14 September 2010.

The Committee notes with interest that the ratification of the Labour Inspection Convention, 1947 (No. 81), by the Czech Republic was registered at the ILO on 16 March 2011. It notes from the Government’s report that this ratification was preceded by the adoption in 2005 of the Labour Inspection Act No. 251/2005 and the creation of the new State Labour Inspection Office through the merger of the Czech Occupational Safety Office and the units within labour offices responsible for inspection of conditions of work. The Committee would be grateful if the Government would communicate an organigramme of the labour administration system pursuant to the abovementioned reform.

Articles 6 and 10 of the Convention. Effective performance of the functions of labour administration. In its previous comments, the Committee had noted that according to the Czech–Moravian Confederation of Trade Unions (CMKOS), the fact that the Employment Act No. 435/2004 assigned new responsibilities to labour offices in the area of active labour market policies might function to the detriment of their core activities in an environment marked by an alarming rate of unemployment. The Committee notes the information provided by the Government on the activities carried out by the 14 regional labour offices under section 8 of the Act: provision of employment services; advice and information to employers and workers and keeping of relevant records; preparation of employment policies; monitoring and evaluation of the labour market through statistics and forecasts; and implementation of active employment policy tools, notably through the implementation of international programmes or programmes with international participation. The Committee recalls that under Articles 6 and 10 of the Convention, the staff of the labour administration system should have the status, material means and financial resources necessary for the effective performance of their duties which can include the preparation, administration, coordination and review of national employment policy, the study and review of the situation of the labour market and the provision of services and technical advice to employers and workers and their respective organizations. The Committee would be grateful if the Government would specify the material means and financial resources allocated to regional offices and communicate reports on their activities or any other information illustrating the impact of these activities on the effective functioning of the labour administration system.

Parts III and IV of the report form. The Committee notes the Annual General Report of the Czech Occupational Safety Office for 2005, communicated by the Government. The Committee would be grateful if the Government would continue to communicate reports on the activities of the main labour administration services as well as information on any practical difficulties encountered in the application of the Convention. It also requests information on any court decisions involving questions of principle relating to the application of the Convention.

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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:

The Committee notes that the Government’s report contains no information in relation to Parts III and IV of the report form. It notes the comments of the Czech‑‑Moravian Confederation of Trade Unions (CMKOS), received at the ILO on 25 October 2004 and forwarded to the Government on 1 November 2004, on the application of the Convention. While welcoming the provisions of the new Employment Act in so far as they reflect significant strengthening of active employment policy tools, the CMKOS fears that labour offices may become responsible for other areas of labour policy to the detriment of their core activities, in an environment marked by an alarming rate of unemployment. The Committee notes the short response of the Government. It requests the Government to provide detailed information on the reasons underlying its position.

The Committee will examine at its next appropriate session the information previously requested, together with any information the Government will provide in relation to the comments by the CMKOS.

[The Government is asked to reply in detail to the present comments in 2010.]

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The Committee notes that the Government’s report contains no information in relation to Parts III and IV of the report form. It notes the comments of the Czech-Moravian Confederation of Trade Unions (CMKOS), received at the ILO on 25 October 2004 and forwarded to the Government on 1 November 2004, on the application of the Convention. While welcoming the provisions of the new Employment Act in so far as they reflect significant strengthening of active employment policy tools, the CMKOS fears that labour offices may become responsible for other areas of labour policy to the detriment of their core activities, in an environment marked by an alarming rate of unemployment. The Committee notes the short response of the Government. It requests the Government to provide detailed information on the reasons underlying its position.

The Committee will examine at its next appropriate session the information previously requested, together with any information the Government will provide in relation to the comments by the CMKOS.

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The Committee notes the Government’s first report on the measures taken to apply the Convention and the copy of Act No. 174 of 1968, as amended up to 2002, on the state technical supervision on occupational safety.

The Committee also notes the information disseminated on the Government’s web site concerning the development of a national employment policy. In particular, it notes with interest the creation of a government council for human resources development and the adoption, by Government resolution No. 210 of 3 March 2003, of a human resources development strategy. Noting that the above council’s main responsibility is to coordinate and ensure cooperation between the central administrative authorities of the State, local government bodies involved in the field of human development, employers’ and workers’ organizations and other competent bodies and entities, and also that the pilot programme for implementation of the human resources development strategy will be submitted to the Government at the end of March 2004, the Committee requests the Government to provide, for the period covered by the next report, information on any developments in the system of labour administration as requested under each of the Articlesand in Parts III-VI of the report form of the Convention.