Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first report on the application of the Convention, received in November 2002.

Article 2, paragraph 4, and Articles 11 and 12 of the Convention. The Committee notes the Government’s statement indicating that the services covered under Article 1, paragraph 1(b), of the Convention "are not currently being realized and the legal order does not currently enable them. The amendment of the Act on Employment, which shall enable this form of services, is currently under preparation and it is assumed that it will become effective in 2003". The Committee trusts that the Government will report in detail on the adoption of new legislation and its effect on the application of the Convention. Please indicate whether, after consulting the most representative organizations of employers and workers concerned, it has had recourse to the provisions of Article 2, paragraph 4. Please provide full particulars on the measures taken under the new legislation to ensure protection for workers in the areas described in Article 11 and the way in which responsibilities are allocated between private employment agencies and user enterprises in the areas described in Article 12.

Article 8, paragraph 1. The Committee notes that if private employment agencies are granted a licence to carry out employment services abroad, they are obliged to do so in compliance with international agreements. Please provide further information on the measures taken to provide adequate protection for, and prevent abuses against, migrant workers recruited or placed in the territory of the Czech Republic, including particulars on the employers’ and workers’ organizations that were consulted on this matter.

Article 8, paragraph 2. Please indicate whether bilateral agreements have been concluded with countries with substantial migrant flows to or from the Czech Republic, and specify how they prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

Article 9. The Committee notes that section 11 of the Labour Code establishes the minimum age for admission to work at 15 years. The Government also reports that a general regulation on child labour is currently under preparation. Please provide further information on the measures taken to ensure that child labour is not used or supplied by private employment agencies.

Article 10. The Committee notes that the investigation of complaints is carried out by labour offices based on the programme of inspections and on complaints made by individuals or trade unions in cases in which it is suspected that obligations are not being fulfilled in accordance with the applicable legislation. Please describe in more detail how this mechanism operates in practice for the investigation of allegations of abuses and fraudulent practices concerning the activities of private employment agencies.

Article 13, paragraph 1. The Committee would appreciate receiving further indications on the conditions established to promote cooperation between the public employment service and private employment agencies. The Government might deem it useful to consider this matter when providing information on the application of Article 10 of the Employment Service Convention, 1948 (No. 88), in its report due in 2005.

Part V of the report form. Please supply examples of the information provided to the competent authorities by private employment agencies (Article 13, paragraphs 3 and 4) and on the number of workers covered by the Convention, the number and nature of infringements reported and, taking into account the adoption of new legislation envisaged for 2003, a general appreciation of the manner in which the Convention is applied in the Czech Republic.