― The Czech Republic and the European Social Charter ―

Ratifications

The Czech Republic ratified the European Social Charter on 03/11/1999 accepting 52 of the Charter’s 72 paragraphs.
On 25 March 2008 it denounced the provision of Article 8 paragraph 4 of the Charter.

It ratified the 1988 Additional Protocol to the Charter on 17/11/1999, accepting all of the 4 articles.

The Czech Republic ratified the Amending Protocol to the European Social Charter on 17/11/1999.

It signed the Revised Charter on 04/11/2000, but has not yet ratified it.

The Czech Republic ratified the 1995 Additional Protocol providing for a system of Collective Complaints on 04/04/2012.

Table of accepted provisions

The Charter in domestic law

Article 10 of the Constitution: “The ratified and promulgated international treaties on human rights and fundamental freedoms, by which Czech Republic is bound, shall be applicable as directly binding regulations having priority before the law.”

Reports

Between 2001 and 2011, the Czech Republic submitted 8 reports on the application of the European Social Charter.

The 8^th report of Czech Republic concerns the accepted provisions of the Charter related to Thematic Group 4 “Children, Migrant and Families”, (Article 7, 8§§1, 2 and 3, 16, 17 and 19§9) was submitted on 8/11/2010. Conclusions with respect to these provisions were published in January 2012.

The 9^th report which was due by 31/10/2011, concerns the accepted provisions of the Charter related to Thematic Group 1 “Employment, training and equal opportinities”, i.e.

- the right to work (Article 1§§1, 2 and 3),
- the right of persons with disabilities to independence, social integration and participation in the life of the community (Article 15),
- the right to engage in a gainful occupation in the territory of other States Parties (Article 18§4),
- the right of mothers and children to social and economic protection (Article 17),
- the right of men and women to equal opportunities (Article 1 of the Additional Protocol).

Conclusions with respect to these provisions will be published in December 2012.
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* Following a decision taken by the Committee of Ministers in 2006, the provisions of both the 1961 Charter and the Revised Charter have been divided into four thematic groups. States present a report on the provisions relating to one of the four thematic groups on an annual basis. Consequently each provision of the Charter is reported on once every four years.

Situation of the Czech Republic with respect to the application of the Charter

Examples of progress achieved in the implementation of social rights under the Social Charter ¹

Right to work
► Modification of the labour code providing for different types of additional holiday and a reduction of working times for workers in dangerous and unhealthy occupations.

Protection of the family
► Adoption of a legislation on protection from acts of domestic violence (amendments to the penal code which came into effect in 2004).
► Measures taken to strenghten the economic protection of the family: tax allowances concerning married couples (tax reform which came into effect in 2005), increase of the number of persons assisted with the parental allowance for children up to the age of four (reform of the calculation‘s basis of the allowance).

Protection of children
► Strenghtening of the Criminal Code to provide increased protection of young persons aged between 15 and 18 from sexual acts or other defined acts.
► On 1 January 2007 the new Labour Code came into effect. It stipulates that employment of children of either the age of 15, or older than 15 until completion of their compulsory school attendance, is prohibited. The prohibition on work of children up to 15 years of age or older than 15 until completion of their compulsory school attendance is a prohibition applicable to any and all types of work in any economic sector, performed within or outside the scope of employment relationships.
► Act No 40/2009 Coll., Criminal Code came into effect on January 2010 which in its Article 192 sanctions possession of child pornography for one's own purposes with a term of imprisonment from two to six years. Possession means any type of holding.

Equal opportunities and equal treatment in matter of employment, health and social security
► Restrictions on the activities prohibited to protect pregnant and nursing mothers (Order no. 261/1997 replaced by Order no. 288/2003, which lists only the activities prohibited to protect mothers).
► Adoption of an anti-discrimination legislation on 17 June 2009 which bans discrimination in areas including access to employment, business, education, healthcare and social security on the grounds of sex, age, disability, race, ethnic origin, nationality, sexual orientation, religious affiliation and faith.

Non-discrimination (disability)
► Preparation of a draft legislation explicitly prohibiting discrimination in the area of employment on the ground of disability (examination in progress).

Cases of non-compliance

Thematic Group 1 “Employment, training and equal opportunities”

► Article 15§2 - Right of physically or mentally disabled persons to vocational training, rehabilitation and social resettlement - Employment of persons with disabilities
There is no legislation explicitly prohibiting discrimination in employment on the ground of disability.
(Conclusions XIX-1 (2008))

► Article 1 of the 1988 Additional protocol – Right to equal opportunities and treatment in employment and occupation without sex discrimination
– compensation in sex discrimination cases where the victim does not wish to be reinstated is not proportionate to the damage suffered;
– it is not possible to make a comparison of jobs outside the company directly concerned in unequal pay
claims.
(Conclusions XIX-1 (2008))

Thematic Group 2 “Health, social security and social protection”

► Article 12§1 – Right to social security - Existence of a social security system
The levels of the minimum old-age, invalidity and survivors pensions as well as the level of unemployment benefit are manifestly inadequate.
(Conclusions XIX-2 (2009))

► Article 12§3 – Right to social security - Development of the social security system
It has not been established that the developments in the sickness insurance and in the old age pensions schemes have maintained a basic compulsory social security system which is sufficiently comprehensive.
(Conclusions XIX-2 (2009))

► Article 12§4 – Right to social security - Social security of persons moving between states
The retention of accrued benefits for persons moving to a State Party which is not covered by Community regulations or not bound by an agreement with Czech Republic is not guaranteed.
(Conclusions XIX-2 (2009))

► Article 13§1 – Right to social and medical assistance - Adequate assistance for every person in need
- it has not been established that the level of social assistance is adequate;
- the granting of social assistance to foreign nationals is subjected to an excessive length of residence requirement.
(Conclusions XIX-2 (2009))

► Article 13§3 – Right to social and medical assistance - Prevention, abolition or alleviation of need
It has not been established that foreign nationals legally resident or regularly working in the Czech Republic are provided with equal access to advice and personal assistance services, without being subjected to an excessive residence requirement.
(Conclusions XIX-2 (2009))

► Article 14§1 - Right to benefit from social services – Promotion or provision of social services
Access to social services by nationals of other States Parties is subject to an excessive length of residence requirement.
(Conclusions XIX-2 (2009))

► Article 14§2 – Right to benefit from social services – Public participation in the establishment and maintenance of social services
It has not been established that initiatives have been taken to encourage the participation of the public in the running of social services.
(Conclusions XIX-2 (2009))

► Article 4 of the 1988 Additional Protocol – Right of the elderly to social protection
- it has not been established that there is an adequate legal framework to combat age discrimination outside employment; and
- the level of the minimum old-age pension is manifestly inadequate.
(Conclusions XIX-2 (2009))

Thematic Group 3 “Labour rights”

► Article 2§1 - Right to just conditions of work - Reasonable working time
Daily working hours may be extended to 16 hours in various occupations.
(Conclusions XIX-3 (2010))

► Article 2§5 - Right to just conditions of work - Weekly rest period
Agricultural workers may, pursuant to collective agreement or individual contract, postpone weekly rest so as to permit an excessive number of consecutive working days.
(Conclusions XIX-3 (2010))

► Article 4§4 - Right to a fair remuneration - Reasonable notice of termination of employment
Two months is not reasonable notice for employees with more than fifteen years’ service.
(Conclusions XIX-3 (2010))

► Article 5 - Right to organise
It has not been established that depriving members of the Security and Intelligence Service from the right to form trade unions (Section 49 of Act No. 154/1994 on the Security and Intelligence Service), and prohibiting them from forming any type of association to protect their economic and social interests was justified.
(Conclusions XIX-3 (2010))

► Article 6§4 - Right to bargain collectively - Collective action
1. All strikes are prohibited at nuclear power stations, oil or gas pipelines, in the fire service and by air traffic controllers;
2. It has not been established that the restrictions on the right to strike in health care and social care establishments and in telecommunications are in conformity with Article 31 of the Charter .
(Conclusions XIX-3 (2010))

Thematic Group 4 “Children, families, migrants”

► Article 7§4 – Right of children and young persons to protection - Working time for young persons under 16
The length of working time for young workers under 16 years of age is excessive.
(Conclusions XIX-4 (2011))

► Article 8§2 – Right of employed women to protection - Illegality of dismissal during maternity leave
Exceptions to the prohibition on dismissal during maternity leave go beyond those authorised by the Charter.
(Conclusions XIX-4 (2011))

► Article 16 - Right of the family to social, legal and economic protection
- it has not been established that families receive adequate social protection with regard to housing;
- the level of family benefits does not constitute an adequate income supplement.
(Conclusions XIX-4 (2011))

► Article 17 – Right of mothers and children to social and economic protection
There is no explicit prohibition in legislation of corporal punishment in the home, in schools and in other institutions.
(Conclusions XIX-4 (2011))

The European Committee of Social Rights has been unable to assess compliance with the following rights and has invited the Government of the Czech Republic to provide more information in the next report in respect of the following provisions:

Thematic Group 1 “Employment, training and equal opportunities”
(Report to be submitted by 31/10/2011)

► Article 1§2 – Conclusions XIX-1 (2008)

Thematic Group 2 “Health, social security and social protection”
(Report to be submitted by 31/10/2012)

► Article 13§4 – Conclusions XIX-2 (2009)

Thematic Group 3 “Labour rights”
(Report to be sumbitted by 31/10/2013)

► Article 2§2 – Conclusions XIX-3 (2010)
► Article 3 of the 1988 Additional Protocol - Conclusions XIX-3 (2010)

Thematic Group 4 “Children, families, migrants”
(Report to be sumbitted by 31/10/2014)

► Article 7§§5, 9 – Conclusions XIX-4 (2011)