― Slovak Republic and the European Social Charter ―

Ratifications

Slovak Republic ratified the European Social Charter and the Additional Protocol to the Charter on 22/06/1998, accepting 60 of the Charter’s 72 paragraphs, and all 4 articles of the Additional Protocol. It aslo ratified the Amending Protocol to the Charter on 22/06/1998.

Slovak Republic ratified the Revised European Social Charter on 23/04/2009, accepting 86 of the Revised Charter’s 98 paragraphs.

It signed but not yet ratified the Additional Protocol providing for a system of collective complaints on 18/11/1999.

Table of accepted provisions

¹ Sub-paragraphs a. and b. accepted

The Charter in domestic law

Article 11 of the Constitution: “International instruments on human rights and freedoms ratified by the Slovak Republic and promulgated under statutory requirements shall take precedence over national laws provided that the international treaties and agreements guarantee greater constitutional rights and freedoms.”

Reports

Between 2001 and 2011, Slovak Republic submitted 7 reports on the application of the Social Charter and 2 reports on the application of the Revised Social Charter.

The 1^st report by Slovak Republic on the application of the Revised Charter, submitted on 10/11/2010, concerns the provisions accepted by Slovak Republic relating to Thematic Group 4 “Labour rights” (Articles 7, 8, 16, 17, 19§§1; 4, 5, 6, 7, 9 and 11 and Article 27§§1 and 2. Conclusions with respect to these provisions were published in January 2012.

The 2^nd report by Slovak Republic on the application of the Revised Charter, submitted on 22/11/2011, concerns the provisions accepted by Slovak Republic relating to Thematic Group 1 “Employment, training and equal opportunities” i.e.

- the right to work (Article1),
- the right to vocational guidance (Article 9),
- the right to vocational training (Article 10),
- 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),
- the right of men and women to equal opportunities (Article 20),
- the right to protection in cases of termination of employment (Article 24),
- the right to workers to the protection of claims in the event of insolvency of the employer (Article 25)

Conclusions with respect to these provisions will be published in December 2012.
_________
^* 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 very four years.

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

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

Right to safe and healthy working conditions
► Several laws and regulations adopted on minimum safety and health requirements at work which cover most of the risks concerning this matter, i.e. among others, those related to health protection at work with ionising radiations, carcinogens, biological and chemical agents, asbestos, noise and vibrations, as well as minimum safety and health requirements for the use of work equipment and for the manual handling of loads at work.

Vocational continuing training
► Measures taken by employers to deal with the decline in skilled labour in the face of technological and/or economic progress (Act no. 386/1997 on the system of further training).
► Equal treatment in relation to vocational continuing training is guaranteed to nationals of others states party to the Charter and the Revised Charter who reside legally and work regularly in Slovakia (Act no. 5/2004).

Participation of workers in the determination and improvement of the working conditions
► Trade unions and works councils are allowed to operate concurrently within an undertaking (Amendment no. 210/2003 to the Labour Code).
► Existence of legal remedies for employees’ representatives (labour inspection and supervisory bodies) in the event the employer fails to eliminate shortcomings in the protection of health and safety at the workplace which the employees’ representatives have pointed out (Act no. 330/1996).

Cases of non-compliance

Thematic Group 1 “Employment, training and equal opportunities”

► Article 1§1 - Right to work - Policy of full employment
The unemployment rate remains high, the long-term unemployed rate is particularly high and the measures introduced to remedy the problems are inadequate.
(Conclusions XIX-1 (2008))

► Article 1§2 - Right to work - Freely undertaken work (non-discrimination, prohibition of forced labour, other aspects)
It has not been established that restrictions on access of nationals of States Parties to posts in the public service are not excessive.
(Conclusions XIX-1 (2008))

► Article 1§3- Right to work – Free placement services
It has not been established that the right to free placement services is guaranteed.
(Conclusions XIX-1 (2008))

► Article 10§1 - Right to vocational training - Promotion of technical and vocational training ; access to higher technical and university education
It has not been established that the right to vocational education is adequately guaranteed.
(Conclusions XIX-1 (2008))

► Article 10§2 - Right to vocational training – Apprenticeship
It has not been established that the right to apprenticeship is adequately guaranteed.
(Conclusions XIX-1 (2008))

► Article 10§4 - Right to vocational training – Encouragement for the full utilisation of available facilities
Equal treatment for nationals of other States Parties who are not permanent residents in Slovakia is not guaranteed with respect to financial assistance for education and training.
(Conclusions XIX-1 (2008))

► Article 15§1 (and Article 1§4) - Right of physically or mentally disabled persons to vocational training, rehabilitation and social resettlement - Education and training for persons with disabilities (Right to work -
Vocational guidance, training and rehabilitation)
It has not been established that mainstreaming of persons with disabilities is effectively guaranteed in education and training.
(Conclusions XIX-1 (2008))

► Article 15§2 – Right of physically or mentally disabled persons to vocational training, rehabilitation and social resettlement - Employment of persons with disabilities
It has not been established that persons with disabilities are guaranteed an effective equal access to employment.
(Conclusions XIX-1 (2008))

► Article 18§2 - Right to engage in a gainful occupation in the territory of other States Parties – Simplifying existing formalities and reducing dues and taxes
– the formalities for the granting of temporary residence permits have not been simplified;
– there are two distinct and totally separate procedures for issuing work permits and residence permits.
(Conclusions XIX-1 (2008))

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

►Article 11§1 – Right to protection of health – Removal of the causes of ill health
It has not been established that the health care system is sufficiently accessible.
(Conclusions XIX-2 (2009))

► Article 11§2 – Right to protection of health - Advisory and educational facilities
It has not been established that health education is incorporated into the school curriculum nor has it been established that screening for illnesses responsible for high levels of early death is practised systematically and available free of charge.
(Conclusions XIX-2 (2009))

► Article 12§1 – Right to social security - Existence of a social security system
There is no evidence that the adequacy of social security benefits is secured.
(Conclusions XIX-2 (2009))

► Article 12§2 - Right to social security - Maintenance of a social security system at a satisfactory level at least equal to that required for ratification of the international labour convention no. 102
It has not been established that the Slovak Republic maintains a social security system that meets the requirements of the ILO Convention No 102.
(Conclusions XIX-2 (2009))

► Article 12§4 - Right to social security - Social security of persons moving between states
It has not been established that:
- equal treatment of nationals of other States Parties which are not members of the EU or Parties to EEA is guaranteed;
- 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 Slovak Republic is guaranteed;- the accumulation of insurance or employment periods completed in other States Parties not covered by Community regulations and not bound by abilateral agreement with Slovak Republic is guaranteed.
(Conclusions XIX-2 (2009))

► Article 13§1 - Right to social security - Right for every person in need to adequate assistance
It has not been established that:
- social assistance is provided for everyone in need
- equality of treatment of foreign nationals legally resident in the Slovak Republic
is guaranteed in the matters of social assistance.
(Conclusions XIX-2 (2009))

► Article 14§1 - Right to benefit from social services - Promotion or provision of social services
It has not been established that:
- remedies enabling users to assert their rights do exist;
- monitoring arrangements for guaranteeing the quality of the social services provided by the various providers do exist.
(Conclusions XIX-2 (2009))

Thematic Group 3 “Labour rights”

► Article 2§1 - Right to just conditions of work - Reasonable working time
The Labour Code permits daily working time of up to 16 hours in certain types of work.
(Conclusions XIX-3 (2010))

► Article 2§2 - Right to just conditions of work - Public holidays with pay
Work performed on a public holiday is not compensated at a sufficiently high level.
(Conclusions XIX-3 (2010))

► Article 4§1 - Right to a fair remuneration - Decent remuneration
The minimum wage is manifestly unfair.
(Conclusions XIX-3 (2010))

► Article 4§2 - Right to a fair remuneration - Increased remuneration for overtime work
Time off to compensate overtime work is not sufficiently long.
(Conclusions XIX-3 (2010))

► Article 4§4 - Right to a fair remuneration - Reasonable notice of termination of employment
The length of service of employees who work fewer than fifteen hours a week is not taken into account when calculating notice periods.
(Conclusions XIX-3 (2010))

► Article 4§5 - Right to a fair remuneration - Limits to deduction from wages
Deductions from wages may deprive workers of the means of subsistence required to provide for themselves and their families.
(Conclusions XIX-3 (2010))

► Article 6§2 - Right to bargain collectively - Negotiation procedures
1. It has not been established whether the development of collective bargaining is encouraged;
2. It has not been established that police officers are entitled to participate in the processes that result in the determination of the regulations applicable to them.
(Conclusions XIX-3 (2010))

► Article 6§4 - Right to bargain collectively - Collective action
Restrictions on the right to strike for persons working in nuclear power stations or those employed in air traffic control go beyond those permitted by Article 31 of the Charter.
(Conclusions XIX-3 (2010))

Thematic Group 4 “Children, families, migrants”

► Article 7§1 – Right of children and young persons to protection - Prohibition of employment under the age of 15
It has not been established that the definition of light work and its duration are sufficiently precise.
(Conclusions 2011)

► Article 7§3 – Right of children and young persons to protection - Prohibition of employment of children subject to compulsory education
It has not been established that the definition of light work and its duration for children subject to compulsory education are sufficiently precise.
(Conclusions 2011)

► Article 7§5 – Right of children and young persons to protection - Fair pay
It has not been established that young workers receive a fair pay.
(Conclusions 2011)

► Article 8§1– Right of employed women to protection - Maternity leave
Maternity benefits are not of an adequate level.
(Conclusions 2011)

► Article 8§2 – Right of employed women to protection - Illegality of dismissal during maternity leave
the dismissal of pregnant women and women on maternity leave can be justified by the relocation of activities of the undertaking where they are employed.
(Conclusions 2011)

► Article 16 – Right of the family to social, legal and economic protection
The right to housing of Roma families is not effectively guaranteed. Entitlement to childbirth allowance and childminding allowance is subject to an excessive length of residence requirement.
(Conclusions 2011)

► Article 17§1 – Right of children and young persons to social, legal and economic protection - Assistance, education and training
All forms of corporal punishment of children are not explicitly prohibited in the home;
The maximum length of pre-trial detention of minors is excessive.
(Conclusions 2011)

► Article 17§2 – Right of children and young persons to social, legal and economic protection - Free primary and secondary education - regular attendance at school
Roma children are disproportionately represented in special classes.
(Conclusions 2011)

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

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

► Article 9 - Conclusions XIX-1 (2008)
► Article 10§§3 and 5 - Conclusions XIX-1 (2008)
► Article 18§1 - Conclusions XIX-1 (2008)
► Article 1 of the 1988 Additional Protocol - Conclusions XIX-1 (2008)

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

► Article 11§3 - Conclusions XIX-2 (2009)
► Article 12§ 4 - Conclusions XIX-2 (2009)
► Article 13§3 - Conclusions XIX-2 (2009)
► Article 14§2 - Conclusions XIX-2 (2009)
► Article 4 of the 1988 Additional Protocol - Conclusions XIX-2 (2009)

Thematic Group 3 “Labour rights”
(Next report to be submitted by 31/10/2013)

► Article 2§3 - Conclusions XIX-3 (2010)
► Article 5 - Conclusions XIX-3 (2010)
► Article 6§3 – Conclusions XIX-3 (2010)
► Article 3 of the 1988 Additional Protocol– Conclusions XIX-3 (2010)

Thematic Group 4 “Children, families, migrants”
(Next report to be submitted by 31/10/2014)

► Article 7§§2, 7 and 10 - Conclusions 2011
► Article 19§§1, 4 and 6 - Conclusions 2011
► Article 27§§1 and 2 - Conclusions 2011