Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Czechia

Forced Labour Convention, 1930 (No. 29) (Ratification: 1993)
Protocol of 2014 to the Forced Labour Convention, 1930 (Ratification: 2016)

The Committee takes due note of the Government’s first report under the Protocol of 2014 to the Forced Labour Convention, 1930, as well as the information provided in reply to its comments concerning the Convention.

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol. National plan and systematic and coordinated action. The Committee notes the Government’s indication, in its report, that the sixth National Strategy on Combating Trafficking in Persons for the period 2020–23 was extended until 30 September 2025 through Government Resolution No. 239 of 10 April 2024, as several measures could not implemented due to delays caused by the COVID-19 pandemic and by the impact of the war in Ukraine, included the related influx of Ukrainian citizens into the national territory. The Government further indicates that the Inter-ministerial Coordination Group for Combating Trafficking in Persons (IMCG) has continued to monitor the implementation of the Strategy. As of June 2024, out of the 13 tasks set under the Strategy, three had been completed, six were ongoing, three were partially completed and one had not been completed. In this regard, the Committee welcomes: the inclusion of the State Labour Inspection Office (SUIP) in the IMCG since 2022; and the establishment of the Inter-ministerial Body for Combating Illegal Employment of Foreigners, bringing together representatives of the Government, the police and employers’ and workers organizations to coordinate efforts to address illegal employment of foreigners, including trafficking in persons. The Committee requests the Government to provide information on: (i) the implementation and monitoring of the National Strategy on Combating Trafficking in Persons, including challenges identified and results achieved; and (ii) the activities and recommendations of the IMCG and the Inter-ministerial Body for Combating Illegal Employment of Foreigners concerning trafficking in persons and forced labour, as well as any follow-up action taken in this regard.

Article 1(1) of the Protocol and Article 25 of the Convention. Prosecution and application of effective penalties. The Committee notes, from the statistical data communicated by the Government, that 14 cases of trafficking in persons were registered in 2021, 18 cases in 2022 and 20 cases in 2023. It observes that, the number of persons prosecuted for trafficking in persons increased (22 in 2021 and 2022 respectively, and 25 in 2023) and the number of convictions under section 168 of the Criminal Code decreased from 21 in 2021, to 16 in 2022 and 13 in 2023. The Committee notes the absence of information on the nature of the penalties imposed. In this regard, the Committee notes that, in its 2024 report on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Czechia, the Group of Experts on Action Against Trafficking in Human Beings (GRETA) indicated that: (1) most convictions continue to concern trafficking for sexual exploitation, although labour exploitation remains prevalent among identified victims; and (2) cases of labour exploitation are frequently prosecuted instead as violations of labour law or tax fraud, due to difficulties in proving elements such as violence, threats, harm, or abuse of vulnerability (GRETA(2024)11). The Committee requests the Government to provide information on the measures taken to ensure that all cases of trafficking in persons for labour exploitation are proactively identified and investigated, including by raising awareness of law enforcement authorities, so that perpetrators are brought to justice and appropriate penalties are imposed under section 168 of the Criminal Code. It also requests the Government to continue to provide information, disaggregated by form of exploitation, on the number of cases investigated and prosecuted, as well as the convictions handed down and the penalties imposed, under section 168 of the Criminal Code.

Article 2 of the Protocol. Prevention measures. (a). Educating and informing people. The Committee notes the Government’s indication that regular awareness-raising and training activities on trafficking in persons are carried out, in cooperation with labour inspectors and the police, targeting in particular students and migrants. It notes that specific efforts have been undertaken to inform refugees from Ukraine (530,000 persons as of June 2023), including through the dissemination of preventive materials and information on trafficking in persons and labour rights in Ukrainian, as well as the creation of a dedicate website with relevant contacts, information on rights, and a free telephone helpline. The Committee also notes that, in the framework of the National Strategy 2020–2023, a leaflet (“card”) on the fundamental rights and obligations of employers and employees in Czechia was prepared in 2023 and is regularly distributed to target groups, including through Centres for the Integration of Foreigners.

The Committee welcomes the Government’s efforts to inform migrants and other vulnerable groups of potential abuses and of their rights. The Committee requests the Government to continue its efforts to educate and inform all sections of the population on trafficking in persons and other forms of forced labour, and to provide information on the nature of the activities undertaken in this regard.

Article 2(b) and (e). Educating and informing employers.Supporting due diligence. The Committee notes that employers may consult the SUIP and access publicly available information intended to raise awareness of employment regulations and the risks of forced labour and trafficking in persons. The Committee requests the Government to provide specific information on the measures taken to raise awareness among employers and to inform them of the need to prevent and address risks of forced or compulsory labour – including trafficking in persons and labour exploitation – in their operations, as well as on efforts undertaken to promote due diligence within both the public and private sectors.

Article 2(c)(ii). Strengthening of labour inspection services and other services responsible for the implementation. The Committee notes the Government’s statement that forced labour is often associated with the occurrence of illegal work and is thus a subject of interest for the SUIP which directly communicate its findings regarding possible cases of forced labour or trafficking in persons to relevant Regional Police Directorates. The Government adds that training to enhance a better understanding of trafficking in persons and identification of potential victims is provided on an ongoing basis to judges, prosecutors and other judicial staff as well as relevant professional groups.

The Committee also notes that, in its 2024 report, GRETA remained concerned that the capacities and human resources of the labour inspectorate are not sufficient to effectively discourage situations of labour exploitation. In this regard, the Committee also refers to its 2023 direct request on the Labour Inspection Convention, 1947 (No. 81) regarding the sharp decrease in the number of labour inspectors (by 29 per cent between 2012 and 2022). In light of the fundamental role of labour inspection services in this area, the Committee requests the Government to provide information on: (i) specific measures taken to strengthen the capacity of the SUIP in order to detect situations of forced labour, including trafficking in persons for labour exploitation, in particularly in sectors and activities considered at risk; and (ii) the number of suspected cases of forced labour, including trafficking in persons, identified by the SUIP and brought to the attention of the Regional Police Directorates.

Article 2(d). Protecting persons, particularly migrant workers, from possible abusive and fraudulent practices during the recruitment and placement process. The Committee notes the Government’s statement that migrant workers remain the group most at risk of forced labour or other forms of labour exploitation and that several amendments to Act No. 435/2004 Coll. on Employment have therefore been adopted to address exploitation, irregular work and disguised intermediation. It notes that penalties for agencies facilitating illegal or disguised recruitment were increased under Act No. 408/2023 Coll. amending the Employment Act. The Committee also notes, from the Government’s report, that the SUIP identified 263 illegal “pseudo-agencies” in 2024 (compared to 309 in 2023), and that 253 fines were imposed for disguised intermediation. The Committee welcomes these legislative developments. It observes, however, that, under Act No. 326/1999 Coll. on the Residence of Foreigners, migrant workers remain prohibited from changing employers during the first six months of their employee card, which may increase their vulnerability to abusive practices.). The Committee requests the Government to provide information on the monitoring of employment and placement agencies to ensure effective implementation of the Employment Act, as amended, including the number and nature of violations detected and sanctions imposed. It also requests the Government to provide information on specific measures adopted to protect migrant workers from situations that may amount to forced labour, particularly during the first six months of their employee card, when they are not permitted to change employers.

Article 3 of the Protocol. (i) Identification of victims. The Committee notes, from the Government’s report, that assistance under the Programme for Support and Protection of Victims of Trafficking in Persons was provided to 11 victims in 2021, 33 victims in 2022 and 18 victims in 2023. Trafficking for the purpose of labour exploitation remains the predominant form of exploitation (11 victims in 2020, 8 in 2021, 32 in 2022 and 11 in 2023), affecting mostly men. The Committee welcomes that, further to the National Strategy for 2020–23, several measures have been implemented to improve the identification of victims of trafficking, including: (1) the development, in 2022, of a Human Trafficking Indicator Card containing a unified list of indicators, which is disseminated on an ongoing basis to relevant actors; and (2) targeted training activities provided in cooperation with the police, state institutions, NGOs and the IOM to enhance identification capacities among professionals likely to come into contact with victims. The Committee requests the Government to continue providing information on the measures taken to ensure the proactive identification of victims of trafficking in persons, including any challenges faced in this regard.It also requests the Government to indicate the steps taken or envisaged to improve the collection of data as provided for under the National Strategy and to provide such statistical information.

(ii) Protection and assistance of victims. The Committee notes that assistance to victims of trafficking continued to be provided under the Programme for Support and Protection of Victims of Trafficking in Persons, implemented by the NGO La Strada Czech Republic, which cooperates with other specialized NGOs for certain services. It notes that once a victim is identified, the police, NGOs, IOM or the Refugee Facilities Administration may propose their inclusion in the Programme to the Crime and Prevention Department of the Ministry of the Interior. The Committee further notes that, pursuant to the Methodological Guidelines on the Functioning of the Programme of 15 February 2010, as amended on 21 December 2022, after the expiration of a 60-day reflection period (extendable by 30 days), continued access to the Programme is conditional upon the victim’s agreement to cooperate with criminal justice authorities. Foreign victims who decide not to cooperate are offered voluntary return to their country of origin or become subject to administrative expulsion. The Committee notes the Government’s indication that all victims of trafficking are considered as “particularly vulnerable victim” and entitled to reinforced protection measures in particular during criminal proceedings, under Act. No. 45/2013 Coll. on Victims of Crime. The Committee requests the Government to provide information on the measures taken to ensure that adequate protection and assistance are provided to all victims of trafficking, regardless of their willingness to cooperate with criminal justice authorities. It also requests the Government to continue to provide information on the number of victims of trafficking who received assistance, including within the Programme to Support and Protect Victims of Trafficking in Persons, as well as details on the types of services provided, such as resident permits, reflection period, accommodation, and health services.

Article 4(1) of the Protocol. Access to remedies, including compensation. The Committee notes that victims of trafficking can seek compensation from their offenders for the pecuniary or non-pecuniary damages suffered, by making a claim for compensation as part of the criminal proceedings, under section 43 of the Code of Criminal Procedure, or by means of civil proceedings, under section 2894 and following of the Civil Code. It notes the Government’s statement that pursuant to Act No. 59/2017 Coll. on the Use of Funds from Proprietary Criminal Sanctions Imposed in Criminal Proceedings, courts can order the seizure of assets of the perpetrator of trafficking in persons which are sent to a special account managed by the Ministry of Justice and can be used to compensate the victim. In this regard, the Committee notes that, in its 2024 report, GRETA highlighted that most victims of trafficking do not have effective access to compensation: (1) either because offences of labour exploitation are prosecuted as violations of labour rights or tax offences instead of trafficking in persons; or (2) because when compensation is claimed in criminal proceedings, victims are referred to civil courts stating that there was not enough evidence to calculate the amount of compensation and the victims do not usually follow this path because the burden of proof is on the victim and the proceedings take several years. The Committee requests the Government to provide information on the measures taken to facilitate information on and access to appropriate and effective remedies, particularly compensation, to all victims of trafficking in persons and other offences amounting to forced labour. It also requests the Government to provide information on the number of compensation claims made by, and granted to, victims of trafficking in persons in criminal proceedings and in civil proceedings, as well as the confiscated assets used to compensate victims of trafficking.

Article 4(2) of the Protocol. Non-prosecution of victims. The Committee notes the Government’s indication that, where victims of trafficking in persons are involved in criminal activities, the general rules on the exclusion or limitation of criminal liability, including “extreme necessity” or “necessary defence” under sections 28 and 29 of the Criminal Code, may be applied. The Committee further notes, from GRETA’s 2024 report, that: (1) instances have been documented in which the non-punishment principle was not applied, in particular concerning victims forced to work in cannabis farms and who were subsequently prosecuted due to the failure to identify them as victims; and (2) cases of trafficking are often reclassified as tax offences relating to irregular work, resulting in both employers and exploited workers being fined. The Committee recalls that Article 4(2) of the Protocol requires ratifying Member States to ensure that competent authorities are entitled not to prosecute or impose penalties on victims of trafficking or forced labour for any involvement in unlawful activities which they have been compelled to commit as a direct consequence of being subjected to forced or compulsory labour. Therefore, the Committee requests the Government to indicate the measures taken to ensure both in law and practice that victims of trafficking or forced labour who have been compelled to commit unlawful acts are not subjected to prosecution or penalties (whether through statutory provisions or explicit instructions or guidelines to prosecutor). It requests the Government to provide information on any measures taken to this end.

Article 6 of the Protocol. Consultation with social partners. The Committee notes the Government’s indication that employers’ and workers’ organizations are represented within the Inter-ministerial Body for Combating Illegal Employment of Foreigners established in 2021, as well as in the tripartite Council for Economic and Social Agreement which is consulted during the elaboration of legislation or regulatory measures that may have an impact on the incidence of forced labour. The Committee observes that employers’ and workers’ organizations are not represented within the Inter-ministerial Coordination Group for Combating Trafficking in Persons which is involved in the preparation and monitoring of the national anti-trafficking strategies and serves as a platform for formulating recommendations on trafficking in persons. The Committee requests the Government to provide information on the manner in which employers’ and workers’ organizations are consulted and involved in the development and implementation of the National Strategy on Combating Trafficking in Persons.