Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Private Employment Agencies Convention, 1997 (No. 181) - Slovakia (Ratification: 2010)

Other comments on C181

Direct Request

2015
2012

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Article 5(2) of the Convention. Special services or programmes for disadvantaged jobseekers. The Government provides detailed information on the active labour market programmes and measures implemented by the Central Office of Labour, Social Affairs and Family. In particular, these programmes are aimed at supporting disadvantaged jobseekers, such as young persons, the long-term unemployed, older workers and persons with disabilities. The Committee requests the Government to continue to provide information on the impact of the special services or targeted programmes designed to assist the most disadvantaged jobseekers in their jobseeking activities. Please also include the results achieved by private employment agencies in this regard.

Article 7. In reply to the previous comments, the Government clarifies in its report that private employment agencies do not charge fees to workers, adding that it is the legal entity or the natural person for whom the agency seeks the worker that is charged fees.

Article 8. Protection of migrant workers. The Government indicates that protection of migrant workers against abuses from private employment agencies is guaranteed by the relevant inspection bodies and the Central Office of Labour, Social Affairs and Family. On the basis of a complaint, the Trade Business Office may cancel or suspend the business licence. Moreover, in cases of proved violations to the Act on Employment Services by a private employment agency, a penalty of over €30,000 may be imposed. The Committee notes the bilateral agreements concluded by Slovakia with countries outside the European Economic Area and the agreements currently being negotiated with other countries. The Committee requests the Government to continue to provide information on the impact of the measures taken to provide adequate protection for and prevent abuses of migrant workers recruited or placed in the Slovak Republic by private employment agencies. Please also include practical information on the number of abuses against migrant workers reported and penalties imposed.

Article 10. Investigation of complaints. The Government indicates that complaints concerning the activities of private employment agencies are always thoroughly examined. The Committee requests the Government to provide further information in this regard, including extracts from inspection reports and the number and nature of complaints reported, and action taken, if any.

Article 12. Allocation of responsibilities between private employment agencies and user enterprises. In relation to Article 12(a)–(i) of the Convention, the Committee notes the information provided by the Government on the legislation that private employment agencies must abide by if they wish to carry out their activities in Slovakia. The Committee requests the Government to specify what responsibilities listed in Article 12 are also shared by user enterprises: collective bargaining (Article 12(a)); minimum wages (Article 12(b)); working time and other working conditions (Article 12(c)); statutory social security benefits (Article 12(d)); access to training (Article 12(e)); protection in the field of occupational safety and health (Article 12(f)); compensation in the case of occupational accidents and protection (Article 12(g)); compensation in case of insolvency and protection of workers claims (Article 12(h)); and maternity and parental protection/benefits (Article 12(i)). Please also specify the provisions of the applicable legislation in this regard.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that cooperation between private employment agencies and the public employment service is carried out at the central and local levels. At the local level, cooperation is mainly based on mutual sharing of information on available jobs and work potential in a given field. At the central level, cooperation between private employment agencies and the Central Office of Labour, Social Affairs and Family is carried out in several areas, such as the conclusion of private sector cooperation frameworks; and evaluation and submission of legislative proposals based on real-life experience and requirements. The Committee requests the Government to provide further practical examples of the cooperation between the public employment service and private employment agencies. It also requests the Government to provide information on the measures taken to ensure that the competent authority receives relevant information on the activities of the private employment agencies.