Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)), and 171 (night work) together.

Weekly rest

Articles 4 and 5 of Convention No. 14. Total or partial exceptions – Compensatory rest. The Committee notes that Section 92(1) of the Labour Code provides for an uninterrupted rest period of at least 24 hours per week. The Committee also notes that while sections 91(3) and 93(2) of the Labour Code provide for exceptions to weekly rest, no provision of the Labour Code seems to foresee compensatory rest in case of work during the weekly rest period. The Government indicates in its report that for overtime work performed during uninterrupted weekly rest periods, the employer must always provide the employee with at least 24 hours of uninterrupted rest in the same week, and a compensatory rest period in the following week. Noting the Government’s explanation, the Committee recalls that the Convention requires that each Member shall make, as far as possible, provisions, for compensatory periods of rest for the suspensions or diminutions of the weekly rest period. Recalling the importance for workers’ health and well-being of granting compensatory rest of at least 24 hours in cases where a worker is required for whatever reason to perform work on the weekly rest day, the Committee requests the Government to indicate the measures taken or envisaged to make provisions for compensatory weekly rest in case of exceptions to the weekly rest principle. The Committee also requests the Government to provide further details on how this provision is applied in the practice, including through labour inspection activities.

Night work

Article 4(2) of Convention No. 171. Health assessment. The Committee notes that Act No. 101/2000 on personal data protection, was repealed and replaced by Act. No. 110/2019 on personal data processing. It observes that, contrary to the previous Act, the new Act does not ensure anymore that findings of health assessments are treated with confidentiality and are not used to the detriment of workers. The Committee requests the Government to indicate the manner in which it is ensured that the findings of health-care assessments, with the exception of a finding of unfitness for night work, shall not be transmitted to others without the workers' consent and that they shall not be used to the workers’ detriment,including through relevant laws or regulations.

Article 6(2). Persons medically unfit for night work. The Committee notes that in response to previous comments on workers whose transfer to an alternative position proves impracticable, the Government indicates in its report that the national legislation regulating unemployment, sickness or disability benefits does not differentiate in any manner among various groups of workers, including night workers, and that these workers have been treated in the same manner as other categories of workers. The Government also indicates that, if the employer does not have suitable daytime work for the employee and if the employee has been certified as unfit in the long-term to perform the agreed night work, the employer may terminate the employment relationship on the grounds of medical unfitness pursuant to Section 52(e) of the Labour Code. The Committee notes that in the case of termination of employment, the Act on Employment provides for unemployment benefits and in the case of temporary incapacity, the Act on Sickness insurance provides for sickness benefits. The Committee takes note of this information, which addresses its previous request.

Article 7(3)(c). Maternity protection. The Committee notes that further to its previous comments, the Government indicates that under the Anti-Discrimination Act No. 198/2009 and section 16(2) of the Labour Code any form of discrimination in labour relations, including on the grounds of pregnancy and maternity, is prohibited. Furthermore, the Committee notes that section 47 of the Labour Code provides for the maintenance of benefits for women workers who return from maternity leave. The Committee takes note of this information, which addresses its previous request.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. Further to its previous comment, the Committee notes the Government’s renewed reference to section 92(3) of the Labour Act which requires a continuous rest period per week of at least 24 hours, even in those exceptional cases where the ordinary weekly rest of 35 hours needs to be reduced, provided that the employees concerned receive of a continuous rest period of 70 hours within two weeks. The Committee wishes to observe, in this respect, that further exceptions are provided for in section 91(3) in the case of urgent repairs, loading and unloading, inventory-taking, transport, health and cultural services and also in section 93(2) in the case of overtime required in case of serious operational reasons (within the limit of eight hours per week). Under both these provisions, work may be performed on a continuous rest day in a manner that possibly does not permit an uninterrupted rest of at least 24 hours, in which case the need for compensatory rest might arise. The Committee notes, in this regard, that whereas section 114(1) provides that compensatory time off may be agreed instead of extra pay in the case of overtime work, section 118 provides only for a 10 per cent premium to be paid in the case of work on Saturdays and Sundays.The Committee trusts that the Government will take at the next suitable occasion appropriate steps to ensure that when workers are required on whatever grounds to perform work on a weekly rest day, they are granted, as far as possible, compensatory rest irrespective of any monetary compensation.

In addition, the Committee notes the comments of the Czech-Moravian Confederation of Trade Unions (ČMKOS) included in the Government’s report according to which the 35-hour weekly rest rule does not apply to work carried out on the basis of an agreement to perform work outside the employment, as provided for in sections 76–77 of the Labour Code. The ČMKOS also indicates that based on its health and safety inspections, an alarming situation seems to exist in the catering, hotel and tourism sector where employers do not provide employees with uninterrupted weekly rest or they reduce it substantially.The Committee requests the Government to transmit any further comments it may wish to make in response to the observations of the ČMKOS.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 6(2) of the Convention. Persons medically unfit for night work. Further to its previous comment, the Committee notes the Government’s indication that the social security legislation regulating unemployment, sickness or disability benefits does not contain any provisions that would differentiate in any manner among the various groups of workers covered, including workers whose transfer from night to day work is impracticable, and that therefore the workers in this latter situation are treated in the same manner as other categories of workers. The Committee is bound to recall that the Convention specifically requires that workers who have been certified medically unfit for night work – though they may not be unfit for day work – and whose transfer to an alternative position proves impracticable, should enjoy the same benefits as other workers who are generally unable to work. The Committee notes, in this regard, the comments of the Czech-Moravian Confederation of Trade Unions (CMKOS), according to which Article 6(2) of the Convention is not sufficiently implemented by the labour legislation.The Committee accordingly requests the Government to indicate the specific provisions, if any, in the social security legislation, which guarantee that a night worker who is medically unfit for night work and whose transfer to a day position is impracticable, would be entitled to social security coverage (for instance unemployment benefit) as other workers unable to work.

Article 7(3). Maternity protection. In its previous comment, the Committee invited the Government to consider adopting specific provisions giving effect to Article 7(3)(c) of the Convention, which seeks to ensure that a pregnant woman worker does not lose any benefits regarding status, seniority and access to promotion that may be attached to her regular night work position during the 16 week period that she may need to be transferred to an alternative day work. In its latest report, the Government explains that any differentiated treatment during such period would constitute discrimination on the grounds of pregnancy and maternity within the meaning of section 2(4) of the Anti-Discrimination Act No. 198/2009, and would also violate section 16(2) of the Labour Code, which prohibits any form of discrimination in labour relations. While noting the explanations of the Government that the existing legislation, in particular the Anti-Discrimination Act (Act No. 198/2009) and the Labour Code, already prohibits discrimination on the grounds of pregnancy and maternity, the Committee considers that those protective principles should preferably be spelled out in the relevant legislation rather than being regarded as implicitly covered by the general principle of non-discrimination, as Article 7requires specific measures in the context of night work.The Committee therefore hopes that the Government will consider taking measures to introduce express legal provisions giving effect to the requirements of Article 7(3)(c) of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 6(2) of the Convention. Persons medically unfit for night work. Further to its previous comment, the Committee notes the Government’s indication that the social security legislation regulating unemployment, sickness or disability benefits does not contain any provisions that would differentiate in any manner among the various groups of workers covered, including workers whose transfer from night to day work is impracticable, and that therefore the workers in this latter situation are treated in the same manner as other categories of workers. The Committee is bound to recall that the Convention specifically requires that workers who have been certified medically unfit for night work – though they may not be unfit for day work – and whose transfer to an alternative position proves impracticable, should enjoy the same benefits as other workers who are generally unable to work. The Committee notes, in this regard, the comments of the Czech-Moravian Confederation of Trade Unions (CMKOS), according to which Article 6(2) of the Convention is not sufficiently implemented by the labour legislation. The Committee accordingly requests the Government to indicate the specific provisions, if any, in the social security legislation, which guarantee that a night worker who is medically unfit for night work and whose transfer to a day position is impracticable, would be entitled to social security coverage (for instance unemployment benefit) as other workers unable to work.

Article 7(3). Maternity protection. In its previous comment, the Committee invited the Government to consider adopting specific provisions giving effect to Article 7(3)(c) of the Convention, which seeks to ensure that a pregnant woman worker does not lose any benefits regarding status, seniority and access to promotion that may be attached to her regular night work position during the 16 week period that she may need to be transferred to an alternative day work. In its latest report, the Government explains that any differentiated treatment during such period would constitute discrimination on the grounds of pregnancy and maternity within the meaning of section 2(4) of the Anti-Discrimination Act No. 198/2009, and would also violate section 16(2) of the Labour Code, which prohibits any form of discrimination in labour relations. While noting the explanations of the Government that the existing legislation, in particular the Anti Discrimination Act (Act No. 198/2009) and the Labour Code, already prohibits discrimination on the grounds of pregnancy and maternity, the Committee considers that those protective principles should preferably be spelled out in the relevant legislation rather than being regarded as implicitly covered by the general principle of non-discrimination, as Article 7 requires specific measures in the context of night work. The Committee therefore hopes that the Government will consider taking measures to introduce express legal provisions giving effect to the requirements of Article 7(3)(c) of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. Further to its previous comment, the Committee notes the Government’s renewed reference to section 92(3) of the Labour Act which requires a continuous rest period per week of at least 24 hours, even in those exceptional cases where the ordinary weekly rest of 35 hours needs to be reduced, provided that the employees concerned receive of a continuous rest period of 70 hours within two weeks. The Committee wishes to observe, in this respect, that further exceptions are provided for in section 91(3) in the case of urgent repairs, loading and unloading, inventory-taking, transport, health and cultural services and also in section 93(2) in the case of overtime required in case of serious operational reasons (within the limit of eight hours per week). Under both these provisions, work may be performed on a continuous rest day in a manner that possibly does not permit an uninterrupted rest of at least 24 hours, in which case the need for compensatory rest might arise. The Committee notes, in this regard, that whereas section 114(1) provides that compensatory time off may be agreed instead of extra pay in the case of overtime work, section 118 provides only for a 10 per cent premium to be paid in the case of work on Saturdays and Sundays. The Committee trusts that the Government will take at the next suitable occasion appropriate steps to ensure that when workers are required on whatever grounds to perform work on a weekly rest day, they are granted, as far as possible, compensatory rest irrespective of any monetary compensation.

In addition, the Committee notes the comments of the Czech-Moravian Confederation of Trade Unions (ČMKOS) included in the Government’s report according to which the 35-hour weekly rest rule does not apply to work carried out on the basis of an agreement to perform work outside the employment, as provided for in sections 76–77 of the Labour Code. The ČMKOS also indicates that based on its health and safety inspections, an alarming situation seems to exist in the catering, hotel and tourism sector where employers do not provide employees with uninterrupted weekly rest or they reduce it substantially. The Committee requests the Government to transmit any further comments it may wish to make in response to the observations of the ČMKOS.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2 of the Convention. Period of weekly rest. The Committee notes the Government’s reference to the new Labour Code No. 262/2006 Coll., section 92(1) of which reproduces the relevant provision of the previous Labour Code of 1965 and provides for a continuous rest period of 35 hours in every period of seven consecutive calendar days, or at least 48 hours per week in the case of an adolescent employee. It also notes that, under section 92(2) of the Labour Code, where operations so allow, the employer is required to schedule so that the continuous rest period falls on the same day for all employees and includes Sunday.

Article 5. Compensatory rest. The Committee notes the Government’s explanation that, since section 92(3) of the Labour Code provides for an uninterrupted weekly rest period of at least 24 hours even in those exceptional cases where the rest period may be reduced by virtue of section 90(2), the question on compensatory rest within the meaning of Article 5 of the Convention does not arise. The Committee notes, however, that the Labour Code does not contain any provisions as regards compensatory rest periods for exceptions made in accordance with sections 91(2)–(4) and 93(2). While noting the Government’s indication that the parties to an employment relationship may agree on compensation for overtime work either in the form of extra pay or compensatory time off, the Committee requests the Government to specify the legal provisions, if any, that guarantee that workers who are required for whatever reason to perform work on a weekly rest day receive, as far as possible, compensatory rest so as to enjoy every week the minimum of rest and leisure they need in order to preserve their health and well-being, in accordance with the letter and the spirit of the Convention.

Article 7. Posting of notices. While noting that, under section 96 of the Labour Code, employers must keep itemized records of each individual employee’s working hours, overtime, night work and standby, and, while also noting that under section 279 of the Labour Code employers must inform employees about fundamental issues of working conditions, the Committee requests the Government to indicate how it is ensured that workers are kept informed of the weekly rest schedule applicable to them by means of notices (where the weekly rest is given to the whole of the staff collectively) or rosters (where the rest period is not granted to the whole of the staff collectively), as required by this Article of the Convention.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the number of infringements related to the statutory duration of weekly rest periods recorded in the period from September 2003 to June 2008. The Committee would be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, etc.

Finally, the Committee wishes to recall the decision of the ILO Governing Body, according to which the ratification of up to date Conventions, including
the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly
Rest (Commerce and Offices) Convention, 1957 (No. 106), should be
encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). Therefore, the Committee once again invites the Government to contemplate ratifying Convention No. 106 – especially since the relevant legislation is of general application and covers equally industry and commerce – and to keep the Office informed of any decisions taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 6(2) of the Convention. Persons permanently unfit for night work. The Committee recalls its previous comment in which it requested the Government to indicate how it is ensured in law and practice that workers who are permanently unfit to work at night – but may not necessarily be unfit for day work – and whose transfer to an alternative position proves impracticable, enjoy the same benefits, for instance, unemployment, sickness or disability benefits, as those day workers who are generally unfit for work. In its reply, the Government indicates that sections 41(1)(f) and 53(1)(e) of the new Labour Code No. 262/2006 Coll., which deal with the transfer of a night worker unfit to an alternative work on health grounds and the protection of a worker temporarily unfit for night work from unfair dismissal, give effect to this requirement of the Convention. However, the Committee is bound to observe that these provisions relate to the requirements of Article 6(1) and (3) of the Convention but bear little relevance to the specific obligation set forth in Article 6(2). It accordingly requests the Government to introduce without further delay in the legislation provisions granting the special treatment to workers permanently unfit to work at night, as prescribed by this Article of the Convention, and to provide a copy of the text adopted for this end.

Article 7(3)(c). Maternity protection. The Committee notes the Government’s reference to sections 42–44 of Act No. 187/2006 Coll. on sickness insurance and to section 239 of the Labour Code, by virtue of which, when the transfer to daytime work of a pregnant woman or breastfeeding mother working at night results to a lower level of earnings, she is entitled to a compensatory benefit paid from sickness insurance funds. The Committee considers, however, that these provisions refer to the income protection of the woman worker, as required by Article 7(3)(b) of the Convention, but may not be deemed to give effect to Article 7(3)(c) which pertains to the maintenance of benefits regarding status, seniority or access to promotion during the temporary transfer to daytime work of a woman worker on maternity grounds. The Committee therefore requests the Government to adopt provisions giving effect to this Article of the Convention and to keep the Office informed of any development in this regard.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the number of infringements of the legislation on night work recorded from September 2003 to June 2008. It also notes that, according to these inspection results, the most frequently observed infringement is the failure to provide for a medical examination of an employee before assignment to night work. The Committee would be grateful if the Government would continue to provide all available information on the practical application of the Convention, including, for instance, statistics on the number of workers employed at night, the sectors of economic activity concerned, copies of relevant collective agreements containing clauses on special benefits or facilities for night workers, extracts from labour inspection reports showing the number of infringements of the labour legislation in respect of night work, etc.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1, of the Convention. Scope of application. The scope of the Labour Code includes the categories of employees enumerated in
sections 1–6. Certain categories (e.g. members of cooperatives, section 3) are governed by the Labour Code, unless another Act provides otherwise. The Committee requests the Government to indicate any specific provisions on weekly rest applicable to these employees, other than those of the Labour Code.

Article 5. Compensatory rest. The Committee notes that the Labour Code does not provide for compensatory rest periods in the case of exceptions authorized in accordance with sections 91(2)–(4) and 96(1) and (2). Furthermore, section 96(3) of the Labour Code, while mentioning time off to be granted for overtime work, does not refer to any concrete provisions stipulating compensatory rest. The Committee therefore asks the Government to indicate any measures taken or envisaged with a view to providing, as far as possible, compensatory rest periods for workers engaged in industrial undertakings, under the circumstances specified under sections 91(2)–(4) and 96(1) and (2) of the Labour Code.

Part V of the report form. Application in practice. Please supply extracts from inspection reports and statistical data on the number of workers covered by the legislation on weekly rest as well as the number and nature of contraventions reported.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4, paragraph 2, of the Convention. Health assessment. The Committee notes the Government’s indication that effect is given to this provision of the Convention through Act No. 101/2000 on personal data protection. More concretely, the Government refers to sections 4(b), 10 and 13 of the Act which qualify the personal data revealing a person’s state of health as sensitive data, and require that during the processing of personal data, measures should be taken to ensure that the person concerned does not suffer injury to his/her rights, especially the right to the preservation of human dignity, and also to ensure protection against unlawful intervention into the private and personal life of the person concerned as well as against unauthorized or accidental access or other misuse of personal data. The Committee would appreciate receiving a copy of the Act on personal data protection.

Article 6, paragraph 2. Workers unfit for night work. The Committee notes the Government’s explanations concerning the termination of employment, at the employer’s initiative, of a worker who is medically certified as unable to carry out his existing work and the related measures of protection or assistance, as regulated in sections 46(1)(d) and 47(1) of the Labour Code. The Committee considers, however, that these provisions are not strictly relevant to the obligation set forth in this Article of the Convention, namely that workers who are permanently unfit to work at night, but may not necessarily be unfit for day work, and whose transfer to an alternative post proves impracticable, should be entitled to the same benefits (for instance unemployment, sickness or disability benefits) as those day workers who are generally unfit for work. The Committee requests therefore the Government to take the necessary measures in order to give full effect to this provision of the Convention and to eliminate any ambiguity in this respect.

Article 7, paragraph 3(c). Maternity protection. While noting the Government’s reference to section 37(5) of the Labour Code, the Committee is bound to recall that this Article of the Convention calls for a specific legislative provision guaranteeing that during their temporary transfer to day work on maternity grounds, pregnant or breastfeeding workers may not suffer any loss with regard to benefits their regular night work position normally carries. The Committee therefore asks the Government to indicate the measures taken or envisaged in order to give effect to this requirement of the Convention.

Part V of the report form. Application in practice. The Committee would be grateful if the Government could continue providing up to date and detailed information regarding the application of the Convention in practice, including, for instance, extracts from labour inspection reports, copies of official studies on the extent and effects of night working in general, statistics on the number of workers covered by the relevant legislation, as well as any difficulties encountered in the application or enforcement of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1, of the Convention. The scope of the Labour Code includes the categories of employees enumerated in sections 1 to 6. Certain categories (e.g. members of cooperatives, section 3) are governed by the Labour Code, unless another Act provides otherwise. The Committee requests the Government to supply any specific provisions on weekly rest applicable to these employees, other than those of the Labour Code.

Article 5. The Committee notes that the Labour Code does not provide for rest periods arranged to compensate for exceptions authorized in accordance with sections 91(2) to (4) and 96(1) and (2). Furthermore, section 96(3) of the Labour Code, while mentioning time off to be granted for overtime work, does not refer to any concrete provisions stipulating compensatory rest. The Committee therefore asks the Government to indicate any measures taken or envisaged with a view to providing, as far as possible, compensatory rest periods for workers engaged in industrial undertakings, under the circumstances specified under sections 91(2) to (4) and 96(1) and (2) of the Labour Code.

Part V of the report form. Please supply extracts from inspection reports and statistical data on the number of workers covered by the legislation on weekly rest as well as the number and nature of contraventions reported.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4, paragraph 2, of the Convention. The Committee notes the Government’s indication that effect is given to this provision of the Convention through Act No. 101/2000 on personal data protection. More concretely, the Government refers to sections 4(b), 10 and 13 of the Act which qualify the personal data revealing a person’s state of health as sensitive data, and require that during the processing of personal data, measures should be taken to ensure that the person concerned does not suffer injury to his/her rights, especially the right to the preservation of human dignity, and also to ensure protection against unlawful intervention into the private and personal life of the person concerned as well as against unauthorized or accidental access or other misuse of personal data. The Committee would appreciate receiving a copy of the Act on personal data protection.

Article 6, paragraph 2. The Committee notes the Government’s explanations concerning the termination of employment, at the employer’s initiative, of a worker who is medically certified as unable to carry out his existing work and the related measures of protection or assistance, as regulated in sections 46(1)(d) and 47(1) of the Labour Code. The Committee considers, however, that these provisions are not strictly relevant to the obligation set forth in this Article of the Convention, namely that workers who are permanently unfit to work at night, but may not necessarily be unfit for day work, and whose transfer to an alternative post proves impracticable, should be entitled to the same benefits, for instance unemployment, sickness or disability benefits, as those day workers who are generally unfit for work. The Committee requests therefore the Government to take the necessary measures in order to give full effect to this provision of the Convention and to eliminate any ambiguity in this respect.

Article 7, paragraph 3(c). While noting the Government’s reference to section 37(5) of the Labour Code, the Committee is bound to recall that this Article of the Convention calls for a specific legislative provision guaranteeing that during their temporary transfer to day work on maternity grounds, pregnant or breastfeeding workers may not suffer any loss with regard to benefits their regular night work position normally carries. The Committee therefore asks the Government to indicate the measures taken or envisaged in order to meet this requirement of the Convention.

Part V of the report form. The Committee notes the statistical information regarding the numbers of male and female workers who had regularly or occasionally been employed at night in 2002. The Committee would be grateful if the Government could continue providing up to date and detailed information regarding the application of the Convention in practice, including for instance, extracts from inspection reports, copies of official studies on the extent and effects of night working in general, statistics on the number of workers covered by relevant legislation, as well as any difficulties encountered in the application or enforcement of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report and the information supplied in reply to its previous comments.

Article 4, paragraph 2, of the Convention. The Committee notes the Government’s indication that effect is given to this provision of the Convention through Act No. 101/2000 on personal data protection. More concretely, the Government refers to sections 4(b), 10 and 13 of the Act which qualify the personal data revealing a person’s state of health as sensitive data, and require that during the processing of personal data, measures should be taken to ensure that the person concerned does not suffer injury to his/her rights, especially the right to the preservation of human dignity, and also to ensure protection against unlawful intervention into the private and personal life of the person concerned as well as against unauthorized or accidental access or other misuse of personal data. The Committee would appreciate receiving a copy of the Act on personal data protection.

Article 6, paragraph 2. The Committee notes the Government’s explanations concerning the termination of employment, at the employer’s initiative, of a worker who is medically certified as unable to carry out his existing work and the related measures of protection or assistance, as regulated in sections 46(1)(d) and 47(1) of the Labour Code. The Committee considers, however, that these provisions are not strictly relevant to the obligation set forth in this Article of the Convention, namely that workers who are permanently unfit to work at night, but may not necessarily be unfit for day work, and whose transfer to an alternative post proves impracticable, should be entitled to the same benefits, for instance unemployment, sickness or disability benefits, as those day workers who are generally unfit for work. The Committee requests therefore the Government to take the necessary measures in order to give full effect to this provision of the Convention and to eliminate any ambiguity in this respect.

Article 7, paragraph 3(c). While noting the Government’s reference to section 37(5) of the Labour Code, the Committee is bound to recall that this Article of the Convention calls for a specific legislative provision guaranteeing that during their temporary transfer to day work on maternity grounds, pregnant or breastfeeding workers may not suffer any loss with regard to benefits their regular night work position normally carries. The Committee therefore asks the Government to indicate the measures taken or envisaged in order to meet this requirement of the Convention.

Part V of the report form. The Committee notes the statistical information regarding the numbers of male and female workers who had regularly or occasionally been employed at night in 2002. The Committee would be grateful if the Government could continue providing up-to-date and detailed information regarding the application of the Convention in practice, including for instance, extracts from inspection reports, copies of official studies on the extent and effects of night working in general, statistics on the number of workers covered by relevant legislation, as well as any difficulties encountered in the application or enforcement of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Labour Code No. 65/1965, as amended up to 1 January 2003, and Decree No. 461/2000, repealing section 5 of Decree No. 108/1994, whose provisions on weekly rest were inconsistent with Articles 2 and 5 of the Convention. It further notes Act No. 475/2001 on hours of work and rest periods of employees with unevenly distributed working hours in transport. The Committee requests the Government to provide additional information on the following points.

Article 1, paragraph 1, of the Convention. The scope of the Labour Code includes the categories of employees enumerated in sections 1 to 6. Certain categories (e.g. members of cooperatives, section 3) are governed by the Labour Code, unless another Act provides otherwise. The Committee requests the Government to supply any specific provisions on weekly rest applicable to these employees, other than those of the Labour Code.

Article 5. The Committee notes that the Labour Code does not provide for rest periods arranged to compensate for exceptions authorized in accordance with sections 91(2) to (4) and 96(1) and (2). Furthermore, section 96(3) of the Labour Code, while mentioning time off to be granted for overtime work, does not refer to any concrete provisions stipulating compensatory rest. The Committee therefore asks the Government to indicate any measures taken or envisaged with a view to providing, as far as possible, compensatory rest periods for workers engaged in industrial undertakings, under the circumstances specified under sections 91(2) to (4) and 96(1) and (2) of the Labour Code.

Part V of the report form. Please supply extracts from inspection reports and, if available, statistical data on the number of workers covered by the legislation on weekly rest as well as the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted with interest the Government’s first reports. It requests the Government to supply further information on the following points.

Article 4(2) of the Convention. While noting section 99(4) of the Labour Code regarding the medical examination of night workers, the Committee requests the Government to specify the legal provision, if any, which lays down that the findings of such health-care assessments must be treated with confidentiality and that they may not be used to the workers’ detriment.

Article 6(2). The Committee notes that there seems to exist no provision in the Labour Code regulating the case of night workers who are certified as unfit for night work and whose transfer to a similar job for which they are fit is impracticable. The Committee asks the Government to provide information on the application of the Convention in this respect.

Article 7(3)(c). While noting sections 37(1)(f) and 155 of the Labour Code, the Committee requests the Government to indicate the legal provision, if any, ensuring that a pregnant or breastfeeding woman worker or a working mother of a child under nine months of age, who is temporarily transferred from her regular night work position, shall not lose the benefits regarding status, seniority and access to promotion.

The Committee would be grateful to the Government for providing, in accordance with Part V of the report form, general information on the manner in which the Convention is applied in practice, including for instance, extracts from inspection reports, details on the categories of workers concerned, and any available statistics on the number of male and female workers employed at night.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes from the Government’s latest report, the adoption of Act No. 74/1994 and Government Decree No. 108/1994, amending section 92 of the Labour Code with respect to the exemptions from weekly rest. The Committee notes in particular, that under section 5 of Decree No. 108/1994, employers must grant transport workers a rest period of at least 32 consecutive hours every three weeks in all cases in which working hours have been extended, due to operational reasons. The Government’s report also indicates that for drivers delivering shipments, weekly rest can be shortened to 18 consecutive hours from 32 hours. Furthermore, in all cases in which there has been an exception to the weekly rest provisions, such as when natural and industrial disasters have occurred, the employer must grant the affected workers a rest period of at least 64 consecutive hours every four weeks. Finally, the Government states that in operations with irregular working hours, the employer and worker concerned may agree to a rest period of at least 32 consecutive hours every two weeks.

The Committee would like to point out to the Government that under the various rest periods arranged to compensate for authorized exceptions, noted above, workers concerned do not effectively enjoy a rest period equivalent to at least 24 consecutive hours every seven days. In this regard, the Committee recalls that in accordance with Article 2 of the Convention, every worker shall enjoy in every period of seven days a period of rest comprising of at least 24 consecutive hours, and that Article 5 provides for, as far as possible, compensatory rest periods in cases where exceptions have been made. It requests the Government to indicate the measures taken or contemplated to bring the legislation into conformity with the Convention on this point.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes from the Government's latest report, the adoption of Act No. 74/1994 and Government Decree No. 108/1994, amending section 92 of the Labour Code with respect to the exemptions from weekly rest. The Committee notes in particular, that under section 5 of Decree No. 108/1994, employers must grant transport workers a rest period of at least 32 consecutive hours every three weeks in all cases in which working hours have been extended, due to operational reasons. The Government's report also indicates that for drivers delivering shipments, weekly rest can be shortened to 18 consecutive hours from 32 hours. Furthermore, in all cases in which there has been an exception to the weekly rest provisions, such as when natural and industrial disasters have occurred, the employer must grant the affected workers a rest period of at least 64 consecutive hours every four weeks. Finally, the Government states that in operations with irregular working hours, the employer and worker concerned may agree to a rest period of at least 32 consecutive hours every two weeks.

The Committee would like to point out to the Government that under the various rest periods arranged to compensate for authorized exceptions, noted above, workers concerned do not effectively enjoy a rest period equivalent to at least 24 consecutive hours every seven days. In this regard, the Committee recalls that in accordance with Article 2 of the Convention, every worker shall enjoy in every period of seven days a period of rest comprising of at least 24 consecutive hours, and that Article 5 provides for, as far as possible, compensatory rest periods in cases where exceptions have been made. It requests the Government to indicate the measures taken or contemplated to bring the legislation into conformity with the Convention on this point.