Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Hours of Work (Industry) Convention, 1919 (No. 1) - Slovakia (Ratification: 1993)

Article 6(1)(b) of the Convention. Temporary exceptions – Overtime. The Committee notes the comments of the Trade Union Confederation of the Slovak Republic (KOZ SR) dated 26 August 2011 concerning the amendments to the Labour Code which were approved by Act No. 257 of 13 July 2011 and entered into force on 1 September 2011. The KOZ SR expresses its concern over section 97(10) of the Labour Code, as amended, which increases the maximum limit of authorized overtime work to 400 hours per year (550 hours for managers). According to the KOZ SR, this new provision allows for a broad and arbitrary interpretation of the concept of manager, conflicts with the requirement of reconciliation of work and family responsibilities and has adverse effects on employment.

In its reply, the Government argues, firstly, that under Article 2 of the Convention, managers are excluded from its scope and, therefore, the comments of the KOZ SR are without merit on this point. Secondly, as regards the maximum annual limit of 400 hours of overtime for employees, the Government states that this limit represents an average of approximately eight hours of overtime per week (i.e. 400 hours divided by 52 weeks) which, even if added to the statutory 40–hour week, still does not exceed the 48-hour weekly limit prescribed by the Convention. The Government adds that, pursuant to section 97(5) of the Labour Code, an employer may only require overtime in cases of temporary and urgent increases in work demand or when public interest is concerned.

While noting the Government’s explanations, the Committee observes that section 97(10) of the amended Labour Code does not require that the 400-hour annual limit of overtime be divided into 52 equal weekly periods and, therefore, there is nothing in the Code to prevent the possibility of employees being asked to perform excessive overtime hours in certain periods of the year. In this connection, the Committee is obliged to recall that the limits to overtime, while not specifically prescribed in the Convention, must be reasonable and must be in line with the general goal of the instruments to establish the eight-hour day and 48-hour week as a legal standard of hours of work. The Committee therefore concludes that section 97(10) of the Labour Code authorizes overtime within limits that go well beyond those contemplated in the Convention and potentially pose serious problems to workers’ health and well-being. In addition, the Committee notes that section 97(10) provides for overtime where the public interest would so require, which clearly leaves room for much broader exceptions than the exceptional cases of pressure of work provided for in Article 6(1)(b) of the Convention. The Committee accordingly asks the Government to review the provisions of the Labour Code on overtime in order to ensure that they are in full conformity with the letter and the spirit of the Convention. The Committee also asks the Government to reply in detail to the other important points it has raised in a direct request, formulated in 2008, with regard to the application of Articles 5 (averaging of hours of work) and 6 (daily working time limit in case of overtime and overtime pay).