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Workers' Representatives Convention, 1971 (No. 135) - Czechia (RATIFICATION: 2000)

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Article 1 of the Convention. Protection against anti-union discrimination. In its previous comment, the Committee noted the concerns expressed by the Czech-Moravian Confederation of Trade Unions (ČMKOS) that the Anti-Discrimination Act does not prohibit discrimination on grounds of trade union membership or activities and that although section 276(2) of the Labour Code prohibits discrimination of workers’ representatives, section 16 of the Labour Code cross-references the Anti-Discrimination Act regarding the definition of the term “discrimination”. The Committee requested the Government to monitor the application of the Anti-Discrimination Act and the Labour Code in practice, particularly with regard to the possibility for workers’ representatives to assert their right to non-discrimination and to obtain compensation. The Committee notes with satisfaction the Government’s indication that section 16(2) of the Labour Code was amended in 2017 to also include membership and activity in trade unions or employers’ organizations as one of the prohibited grounds for discrimination at work.

The Committee also previously assessed the issue of the start of protection of trade union representatives against dismissal. The ČMKOS alleged that there is no protection of union officials between the moment when a trade union notifies the employer that it meets the requirements for its operation (section 286(3) of the Labour Code) and the time it actually starts to perform its functions (the next day), which could, in its view, lead to anti-union discrimination practices. The Committee refers in this respect to its comments made under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

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The Committee takes note of the observations from the Czech–Moravian Confederation of Trade Unions (CMKOS) annexed to the Government’s report received on 16 January 2015 and the Government’s comments on these observations.

Article 1 of the Convention. Protection against anti-union discrimination. The Committee notes, on the one hand, the Government’s indication concerning the adoption of the Anti-Discrimination Act 2009 which includes a definition of the right to equal treatment and of the ban on discrimination in respect of membership in and activities of trade unions, workers’ councils or employers’ associations, including the benefits provided by these organizations to its members, and, on the other hand, the observations of the CMKOS stating that while the Anti-Discrimination Act provides an exhaustive list of grounds on which discrimination is prohibited, namely race, ethnic origin, nationality, gender, sexual orientation, age, disability, religion, belief or opinions, these do not include membership or participation in trade union activities, and consequently unequal treatment of workers’ representatives on the grounds of their position as workers’ representatives cannot be deemed as discrimination under this Act. The CMKOS further asserts that although article 276(2) of the Labour Code prohibits discrimination of workers’ representatives, article 16 of the Labour Code cross-references the Anti-Discrimination Act regarding the definition of the term “discrimination”, as well as the means of protection against discrimination. In response to these allegations, the Government states that these matters have already been discussed under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and that workers’ representatives are protected against discrimination by article 276(2) of the Labour Code. Recalling its previous comments on the application of Convention No. 111 with regard to anti-discrimination law, the Committee requests the Government to monitor the application of the Anti-Discrimination Act and the Labour Code in practice, particularly with regard to the possibility for workers’ representatives to assert their right to non-discrimination and to obtain compensation, and to provide information in this respect.

The Committee also notes that the CMKOS claims that protection of trade union officials against dismissal is only applicable from the moment when the trade union actually starts operating and does not cover the period starting when the trade union informs the employer that it meets the requirements for its operation. The CMKOS alleges that under the Labour Code, the employer must ask for approval to dismiss a workers’ representative to an existing trade union, but not to a trade union which is being constituted. Therefore, according to the CMKOS, officials of a trade union which notifies the employer of its establishment are not protected from the time of notification. The Committee notes the Government’s reply that the commencement of trade union operations within the enterprise (the day after the union informs the employer that it meets the requirements for its operation) is the decisive factor for determining when the rights of trade unions vis-à-vis the employer begin, which does not require the prior submission of information on persons entitled to act in the name of the trade union. The Government also indicates that, while it has no information about any cases of dismissals under these circumstances, the conduct denounced would be characterized as an illegal circumvention of the law and it is prepared to consider a legislative change based on an assessment of the practical application of the Labour Code in this regard. The Committee takes note of this information and invites the Government to assess the practical application of the Labour Code in this regard and to provide information on any developments in this respect.

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The Committee notes the Government’s report. It also takes note of the comments made by the Czech-Moravian Confederation of Trade Unions (CMKOS), dated 25 October 2004, as well as the Government’s observations thereon. The Committee refers to its comments made in relation to the application of Convention No. 98.