Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Slovakia (Ratification: 1993)

The Committee takes note of the information provided by the Government in its report. It recalls that its previous comments addressed the following points.

The Committee wished to obtain clarification on certain provisions of Act No. 83 of 1990 on citizens' associations, last amended in 1993, and on Act No. 2 of 5 December 1990 on collective bargaining, last amended in 1996.

1. Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join organizations. The Committee takes due note of the Government's report which indicates that the right to organize is guaranteed by paragraph 3 of Act No. 83-1990 respecting citizens' associations to everyone, that is to say, to national workers as well as to workers who are not.

2. Article 3. Right of workers' organizations to elect their representatives in full freedom. With regard to the Act respecting citizens' associations, the Committee emphasizes that the General Survey indicates that national legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country (see General Survey on freedom of association and collective bargaining, 1994, paragraph 118). The Committee requests the Government to indicate whether, in addition to its legislation, foreign workers who wish to apply for trade union office may do so at least after a reasonable period of residence in the country.

3. Article 3. Right of workers' organizations to organize their administration and to formulate their programmes without interference from the public authorities. The Committee recalls that section 17 of the Act of 1990 respecting collective bargaining, as amended in 1996, requires the vote of half the workers in the enterprise to whom the agreement at enterprise level applies or the vote of half the workers to whom the higher level collective agreement applies to call a strike and emphasizes that the General Survey indicates that, if a member State deems it appropriate to establish in its legislation provisions which require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required majority is fixed at a reasonable level (see General Survey, op. cit., paragraph 170). The Committee requests the Government to provide information on the measures taken or envisaged to reduce the required majority to hold a strike at least with regard to large bargaining units.

The Committee requests the Government to indicate in its next report the progress achieved in this respect.