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Paid Educational Leave Convention, 1974 (No. 140) - Slovakia (RATIFICATION: 1993)

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Application in practice. Articles 2–5 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. The Committee recalls that for a number of years it has been requesting the Government to communicate information sufficient to enable it to assess the manner in which the Convention is applied in law and practice in the country, in both the public and private sectors. In its response, the Government once again refers to sections 140 and 153 of the Labour Code as the main provisions implementing the Convention. The Government indicates that under section 140 of the Labour Code, the employer may allow qualifications to be upgraded, adding that section 153 of the Labour Code provides for employers to discuss measures aimed at enhancing employee qualifications with workers’ representatives. It adds that paid educational leave covers education for all purposes related to the job in question. While employers have generally granted paid educational leave for the purpose of upgrading workers’ qualifications according to the employers’ needs, the Government also indicates that specific regulations establish obligations on the employer in terms of providing paid educational leave for certain occupations, such as health workers. With regard to the Committee’s previous comments regarding the policy and measures taken to promote trade union education, the Government refers to section 240 of the Labour Code, which stipulates that the employer provides, inter alia, for employee representatives to participate in the education provided by the trade union body. The Committee notes the information provided by the Government on the development of education and training programmes for the labour market, which have opened up new opportunities for jobseekers. In this regard, the Committee recalls that the Convention calls for the development and implementation of a policy to promote the granting of paid educational leave for workers for educational purposes for a specified period during working hours (Article 1) and does not address the specific situation of jobseekers. The Committee requests the Government to provide information on any developments regarding the formulation and application of the policy and on measures taken in consultation with the social partners, to promote the granting of paid educational leave for the purpose of general, social and civic education (Article 2(b)), and trade union education (Article 2(c)). The Committee requests the Government to provide information on the impact of the new education and training programmes adopted with the aim to develop suitable educational leave strategies. It reiterates its request that the Government provide information on the application of the Convention in practice both in private and in the public sectors by including, for instance, extracts from reports, studies, inquiries, and statistics on the numbers of workers granted paid educational leave.

Articles 5 and 6. Arrangements for paid educational leave through collective agreements. Participation of the social partners. The Government reports that, according to data from the 2017 statistical survey, 24.2 per cent of employers provided benefits to increase the qualification of their employees. The report notes that 18.6 per cent of organizations without trade union membership provided such benefits, compared to 45.3 per cent of organizations with a trade union. The Government refers to the social fund for employee training which is used for education support. It adds that employers are required to dedicate a certain part of the social fund towards education and training for their employees. Where a trade union is present, the use of the social fund is agreed by the social partners in a collective agreement. The trade union can also allocate financial resources for employee training. The Government indicates that 13.4 per cent of employers with trade union membership have stated that employee training is directly covered by the trade union. The Government further indicates that the social partners are always part of the process leading to the adoption of national legislation and strategies. The Committee notes, however, that the Government does not provide specific information regarding the manner in which the employers’ and workers’ organizations are involved in the formulation and implementation of policies for the promotion of paid educational leave for the purposes set out in the Convention. The Committee therefore requests the Government to indicate the specific measures envisaged to promote the participation of the social partners in the formulation and application of the policy for the promotion of paid educational leave for all of the purposes envisaged under Article 2(a)–(c). The Committee also requests the Government to provide information concerning the employer’s obligation to constitute a social fund for employee training, and the manner in which these resources are used in practice to finance paid educational leave for the purposes contemplated under Article 2.

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Application in practice. Articles 2–5 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. For a number of years the Committee has been requesting the Government to provide information, including documentation and statistics to permit an assessment of the manner in which the Convention is applied in practice, in both the private and public sectors. The Government indicates that the requested information is unavailable, as each individual employer chooses which educational courses, programmes and activities its employees undertake according to the specific needs of the enterprise. The Government once again refers in its report to sections 140 and 153–155 of the Labour Code as the relevant provisions giving effect to the Convention. The Government adds that the formulation and implementation of a policy designed to promote the granting of paid educational leave and the involvement of the social partners in the implementation of this policy is expressed in these sections of the Labour Code. The Committee notes the Government’s indication that it is for the employer to decide, taking into account operating and economic possibilities, whether to increase the qualifications of its workers. In this regard, the Labour Code provides that the worker is not obligated to pay for costs incurred in respect of continuing education, unless the specific conditions of section 155, paragraph 5, of the Labour Code apply. The Committee notes that, while the Labour Code addresses paid educational leave, the Government does not appear to have formulated a national policy in consultation with the social partners designed to promote the granting of paid educational leave. Furthermore, the Labour Code does not address paid educational leave for the purposes of general, social, civic and trade union education, as required under Article 2 of the Convention. The Committee requests the Government to provide information on the policy and on measures taken in consultation with the social partners, to promote the granting of paid educational leave for the purpose of general, social and civic education (Article 2(b)), and trade union education (Article 2(c)). It also requests the Government to provide information on measures taken or envisaged to raise awareness of the availability of paid educational leave as part of skills development and lifelong learning and reiterates its request that the Government provide general information on the manner in which the Convention is applied in practice in the private and public sectors.

Article 6. Participation of the social partners. The Government indicates that it is the employer’s duty to take measures aimed at continuing staff education and training, in consultation with workers’ representatives. However, the Government does not provide specific information on the involvement of workers’ representatives. The Committee requests the Government to provide more detailed information on the manner in which the employers’ and workers’ organizations are involved in the formulation and implementation of the policy for the promotion of paid educational leave for all of the purposes envisaged under Article 2(a)-(c).

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The Government reiterates in its report received in August 2014, in reply to the 2009 direct request, the provisions of the Labour Code giving effect to the Convention, including the provisions revised in 2011. The Committee once again requests the Government to provide documentation, such as reports, studies and inquiries, and statistics allowing an assessment of the manner in which the Convention is applied in practice, both in the private and public sectors (Part V of the report form).

[The Government is asked to reply in detail to the present comments in 2016.]

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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 2009 direct request, which read as follows:

Repetition
The Committee notes the Government’s report received in November 2008. The Government recalls the provisions of the Labour Code giving effect to the Convention. In particular, it refers to the employer’s obligation to take measures aimed at the continuing education and training of employees as well as the improvement of their qualifications in consultation with workers’ representatives. The Government also refers to the duty of individual employees to increase their qualifications so as to enhance their working performance (sections 153 and 154, paragraph 3, of the Labour Code). The Committee invites the Government to provide in its next report relevant regulatory texts and documentation such as reports, studies, inquiries and statistics allowing it to appreciate the application of the Convention in practice both in private and in the public sectors (Part V of the report form).

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The Committee notes the Government’s report received in November 2008. The Government recalls the provisions of the Labour Code giving effect to the Convention. In particular, it refers to the employer’s obligation to take measures aimed at the continuing education and training of employees as well as the improvement of their qualifications in consultation with workers’ representatives. The Government also refers to the duty of individual employees to increase their qualifications so as to enhance their working performance (sections 153 and 154, paragraph 3, of the Labour Code). The Committee invites the Government to provide in its next report relevant regulatory texts and documentation such as reports, studies, inquiries and statistics allowing it to appreciate the application of the Convention in practice both in private and in the public sectors (Part V of the report form).

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The Committee notes the Government’s report, received in December 2003, containing information on the provisions of the Labour Code that give effect to the Convention. It hopes that in its next report the Government will provide information on the manner in which the Convention is applied in practice, either in the public or in the private sector (Part V of the report form). Please also include details on the participation of the social partners in the formulation and application of the policy for the promotion of paid educational leave (Article 6 of the Convention).

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The Committee notes the Government’s report on the application of the Convention. It notes the detailed information on the manner in which promotion of the grant of paid educational leave is ensured both by implementation of the Labour Code, Ministry of Education Decree No. 140/1968 as amended and the Labour Inspection Act, and by collective agreements concluded at various levels. The Government also mentions the institutions that offer trade union education.

The Committee requests the Government to provide specific information in future reports on the manner in which the Convention is applied in practice, including available statistics or reports, studies, or surveys on the number of workers granted paid educational leave, as requested in Part V of the report form.