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Repetition The Committee notes that the Government indicates that legislation came into effect on 1 January 2009 which extended the reasons for which personal data on natural persons and employers may be gathered, processed and disclosed. The Committee invites the Government to provide further information on the manner in which workers’ personal data is protected (Article 6 of the Convention). The Committee also invites the Government to continue to provide information on the application of the Convention in practice, including extracts from reports of the inspection services and information on the number of workers covered by the Convention, the number and nature of infringements reported and the manner in which they have been resolved (Article 13).Article 2(4) of the Convention. Prohibitions and exclusions. The Government states in its report that the right to limit types of work for which an employment agency may not hire out temporary workers to work for the user was used in 2009. In this regard, the Committee notes that Government Regulation No. 64/2009 Coll., which came into effect on 27 March 2009, defines the types of temporary work contracts that cannot be filled with the assistance of employment agencies. The Regulation also provides that employment agencies cannot intermediate temporary jobs for foreigners if such a job requires lower qualification than a high school degree, and for jobs which are not mentioned in the annex to the Regulation (such as bricklayers, carpenters, welders, bus drivers, etc.). The Government reports that registration of foreigners with valid work permits employed by an employment agency, as of 1 December 2008, totalled 19,341; and at the end of 2009, this group registered 3,196. The Committee invites the Government to provide more information on the reasons for the exclusion of these types of temporary work contracts under Regulation No. 64/2009, and how an adequate protection is assured for the workers concerned. Please also indicate the employers’ and workers’ organizations consulted.Article 12. Responsibilities of private employment agencies and user enterprises. The Government states in its report that the conditions of agency employment, i.e. temporary assignment of an agency employee for work to another employer (“user”), are regulated by sections 308 and 309 of Act No. 262/2006 Coll., the Labour Code, since January 2007. These provisions stipulate the obligation of an employment agency to conclude an agreement on temporary assignment of an employee of the employment agency with the relevant user and specify obligatory contents of such an agreement. This agreement must be concluded in writing and contain elements required by the legislation such as working and wage conditions, and occupational safety and health. The Committee refers to paragraph 313 of the 2010 General Survey concerning employment instruments and invites the Government to provide in its next report information on the measures taken to allocate responsibilities between private employment agencies and user enterprises in each of the areas set forth in Article 12 of the Convention.Articles 13 and 14. Cooperation between public and private employment services, and sanctions in case of violations. The Government reports that the obligation of labour offices and private employment agencies to cooperate is provided in the Employment Act. It reports that employment agencies are obliged to report annual data regarding number of job vacancies for which requests for employment brokerage were received, the number of such assigned persons and the number of their employees who worked for a user. The Government also indicates that failure to provide these statistics may result in a fine and after repeated failures to submit data, the Ministry of Labour and Social Affairs shall withdraw the employment brokerage licence from the employment agency. The Committee notes the increased sanctions for enabling illegal work from CZK2–5 million. The Committee invites the Government to provide information on the formulation, establishment, and periodical review of conditions to promote cooperation between the public employment service and private employment agencies.
The Committee notes the Government’s report received in October 2005 including detailed replies to the points raised in the 2003 direct request and the observations from the Czech-Moravian Confederation of Trade Unions (CMKOS), attached to the report. The Committee also notes the Government’s statement indicating that no recourse will be made to the provisions of Article 2, paragraph 4(b), of the Convention. It notes that the newly adopted Employment Act establishes the obligation for the labour offices and the private employment agencies to cooperate. The Government indicates that private employment agencies report annually to the Ministry of Labour and Social Affairs on the number of vacancies, the number of people placed and the number of temporary workers. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including extracts of reports of the inspection services and information on the number of workers covered by the Convention, the number and nature of infringements reported and the manner in which they have been resolved (Article 13 and Part V of the report form).
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.