Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Czechia (Ratification: 1993)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 105th Session, May–June 2016)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards (CAS) in June 2016 and the resulting conclusions of the Conference Committee, which addressed the following issues: (1) the anti-discrimination legislation; (2) the scope of Act No. 451 of 1991 (the Screening Act) further to the adoption of Act No. 234 of 2014 (the Civil Service Act); and (3) the impact of programmes of assistance for the integration in employment of the Roma population. The Committee also notes the observations from the Czech–Moravian Confederation of Trade Unions (CMKOS) in relation to the scope of the anti-discrimination legislation which were attached to the Government’s reports received on 10 March 2016 and 30 November 2016.

Article 1 of the Convention. The anti-discrimination legislation. The Committee recalls that the Labour Code of 2006 (Act No. 262/2006) prohibits all forms of discrimination in labour relations without specifying any prohibited grounds, unlike the previous Labour Code, and refers for that purpose to the Anti-Discrimination Act (No. 198/2009). The Employment Act (No. 435/2004) – which used to contain a broad enumeration of prohibited grounds of discrimination – also refers to the Anti-Discrimination Act of 2009 further to its amendment in 2011. As a result, the grounds of political conviction and membership or activity in political parties, trade unions or employers’ organizations which were expressly covered by the previous Labour Code and the Employment Act are no longer included in any legislation, thereby reducing the legal protection of workers against discrimination. The CMKOS, in its observations, continues to point out the lack of protection against discrimination based on membership in trade unions which is, according to the organization, quite common in industrial relations. The Committee notes the Government’s indication in its report of 10 March 2016 and before the Conference Committee that it has adopted, after consultation with the most representative organizations of workers and employers, Resolution No. 867 of 26 October 2015 which tasked the Minister for Human Rights, Equal Opportunities and Legislation to take into account discrimination based on membership of trade unions when preparing amendments to the Anti-Discrimination Act of 2009. The Committee further notes from the Government’s report received on 30 November 2016 that, on the initiative of the CMKOS, the issues relating to the situation of trade unions in the country, including with respect to anti-union discrimination, were discussed on 12 September 2016 by the Presidency of the Council of Economic and Social Agreement (high-level tripartite body composed of chairpersons of the most representative organizations of workers and employers, the Prime Minister and the Minister of Labour and Social Affairs). During this meeting, the CMKOS presented a bill to amend the Labour Code with a view to reintroducing the previous list of prohibited grounds of discrimination. The Government indicates that the follow-up on this bill will be coordinated by the Minister for Human Rights, Equal Opportunities and Legislation. The Committee requests the Government to take the necessary measures, in consultation with workers’ and employers’ organizations, to ensure the protection of workers against discrimination in training, recruitment, terms and conditions of employment, on the basis of all the grounds enumerated by Article 1(1)(a) of the Convention, including political opinion, and all the grounds that were previously covered by the labour legislation (Article 1(1)(b)). The Committee also requests the Government to provide information on any action taken pursuant to Resolution No. 867 of 26 October 2015 to amend the Anti-Discrimination Act of 2009 with respect to grounds of discrimination, and on any progress made regarding the bill to amend the Labour Code to reintroduce the previous list of prohibited grounds of discrimination. The Committee also requests the Government to continue to monitor closely the application of the Anti-Discrimination Act specifically in the field of employment and occupation as well as the application of the Labour Code and the Employment Act of 2004, in practice, particularly with regard to the possibility for workers to assert their right to non-discrimination and to obtain compensation.

Discrimination on the basis of political opinion. The Screening Act. With reference to the above comments, the Committee recalls that discrimination on the basis of political opinion is not prohibited under the labour and anti-discrimination legislation. It also recalls that, for a number years, it has been requesting the Government to amend or repeal the Screening Act in so far as it requires negative screening certificates – in relation to the former political system – to enter the civil service, and therefore violates the principle of non-discrimination on the basis of political opinion. The Committee notes with interest the Government’s indication in its report and to the Conference Committee that further to the adoption of the Civil Service Act (Act No. 234/2014) which came into force on 1 January 2015, the Screening Act was amended to require negative screening certificates only for decision-making positions under the Civil Service Act. The Committee also notes that the Government’s representative indicated during the discussions in the Conference Committee that the employees in the state administration who were outside the civil service had been excluded from the application of the Screening Act since the entry into force of the Civil Service Act. The Committee welcomes the Government’s indication regarding state employees that, as of 1 June 2016, there were 69,470 service-status positions (that is positions directly involved in preparation and implementation of government policies), of which 9,931 were decision-making positions for which a negative screening certificate is necessary, and 7,094 employee-status positions (that is positions employed by the Government, but not involved with Government policies) of which 348 management positions which no longer require a negative screening certificate after the Civil Service Act became effective. The Committee further notes from the Government’s report that out of the 2010 screening certificates issued in 2015, 1.7 per cent were positive and in 2016, 0.9 per cent were positive out of the 2,446 certificates issued. While noting these positive developments, the Committee requests the Government to indicate clearly the functions in respect of which screening is required under the Civil Service Act, specifying the relevant sections of the Act, and to provide a copy of the relevant amendment of the Screening Act. Noting the number of certificates issued in the past two years, the Committee requests the Government to continue to monitor closely the application of the Screening Act and provide information on the screening certificates issued, indicating the number and nature of certificates issued and providing examples of the positions concerned. The Committee also requests the Government to provide statistical information on any appeals lodged against a positive certificate and its results.

The situation of the Roma in employment and occupation. The Committee welcomes the detailed information provided by the Government in its reports and to the Conference Committee on the numerous programmes of assistance aimed at helping disadvantaged groups, including the Roma community, to acquire qualifications and develop skills and gain work experience through social or sheltered jobs and community service, and increase their employment prospects on the labour market. It also welcomes the Government’s indication that it has adopted in 2015 the “Strategy for Roma Integration by 2020” aiming explicitly at establishing a framework for measures to improve the situation of Roma in the areas of education, training, employment, housing and health, to mitigate gradually unjustified and unacceptable differences between the situation of a large part of the Roma population and the rest of the population and to ensure their efficient protection against discrimination. The Committee further notes the Government’s indication that 29 grant projects were implemented in 2015 and 2016 with a view to increasing employment and employability of the Roma minority. The Government also indicates that the expected impacts aim at improving the situation in the “excluded localities”. The Committee recalls that the Conference Committee has requested information regarding the real impact of such programmes for the integration in employment of the Roma population, including women of the Roma community. With reference to its previous comments regarding the Comprehensive Strategy for Combating Social Exclusion (2011–15) aimed at addressing comprehensively social exclusion and school segregation, which affects disproportionally the members of the Roma community, the Committee recalls that it is difficult to assess the results and real impact of all the measures taken in the framework of this strategy. The Committee would like to point out the importance to complement these essential employment policy measures with appropriate measures to address stereotypes and prejudices regarding the capabilities and preferences of the Roma people, combat effectively discrimination and stigmatisation and promote respect and tolerance between all segments of the population. The Committee therefore requests the Government to continue to take action to promote the employment of Roma, in cooperation with employers’ and workers’ organizations, and take the necessary measures to assess the impact of the measures taken within the framework of the various projects and programmes, including the Comprehensive Strategy for Combating Social Exclusion (2011–15) and the Strategy for Roma Integration by 2020. The Government is requested to provide information on the results achieved. The Committee further requests the Government to provide specific information on the measures taken to reform the educational system to end segregation of Roma pupils and promote inclusive education. The Committee requests the Government to take concrete measures, within the above established framework or otherwise, to fight against stigmatisation and discrimination of the Roma population and promote tolerance among all the segments of the population.

Enforcement. Labour inspection. Equality body. The Committee welcomes the information provided by the Government in its latest report describing in detail labour inspections carried out in 2015 in the field of “unfair treatment and discrimination” and their outcome (65 cases of violation of equal treatment under section 16 of the Labour Code were found in 2015). It also welcomes the Government’s indication that selected inspectors in the regional labour inspection offices were trained in the field of equal treatment and non-discrimination and that targeted inspections focused on these issues have been included again in the main inspection tasks for 2016.

The Committee notes with interest the promotional and enforcement activities carried out by the Public Defender of Rights since 2009, in the area of non-discrimination and equality, including equal remuneration, such as dealing with discrimination claims and assisting victims of discrimination, training labour inspectors, workers’ and employers’ organizations and public officials, raising awareness and disseminating legal and practical information. The Committee further notes from the Public Defender’s report for 2015, that most of the complaints received concern discrimination in the field of labour and employment (108 out of 379 in 2015). In a comprehensive study entitled “Discrimination in the Czech Republic: Victims of discrimination and obstacles hindering their access to justice” published in 2015, the Public Defender of Rights issues 15 recommendations for a more effective enforcement of the Anti-Discrimination Law of 2009, on the basis of a survey which identified obstacles encountered by victims of discrimination (belief that it is difficult to enforce one’s rights, fear of retaliation, lack of knowledge of the relevant bodies and procedures, burden of proof in judicial proceedings, low fines, etc.). Such recommendations include the organization of targeted promotional and awareness-raising campaigns for the public and “vulnerable groups”, training of judges, lawyers, inspectors, social workers, medical staff and police officers, amendment of legislation (reduction of court fees in discrimination cases, free legal aid, etc.) and the design of effective, deterring and reasonable penalties. The Committee notes that, in its observations, the CMKOS alleges that assistance by the State to victims of discrimination is insufficient. The Committee requests the Government to provide information on any action taken further to the recommendations of the Public Defender of Rights and any legal or practical measures taken to strengthen the enforcement of the anti-discrimination legislation. To ensure legal clarity and certainty regarding legislative non-discrimination provisions, the Committee further requests the Government to ensure the broad dissemination of the material designed by the labour inspectorate and the Public Defender of Rights to foster awareness of legal provisions and relevant procedures to obtain redress among workers, employers and their organizations, as well as labour inspectors, judges and other public officials dealing with non-discrimination and equality in employment and occupation. The Committee also request the Government to continue to provide information on the number and nature of any administrative or judicial decisions applying and interpreting the legal provisions on discrimination in the field of employment and occupation, including the remedies provided and the sanctions imposed.

The Committee is raising other matters in a request addressed directly to the Government.