Czech Republic - 2011

Population:
Capital: Prague
The government excluded trade unions from dialogue on new labour legislation. Austerity measures were introduced. Numerous anti-union practices were reported, with multinational companies often amongst the offenders. The right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is limited.

reported violations - 2011

Documented violations - actual number of cases may be higher

Background

Following elections to the Chamber of Deputies in May a new centre-right coalition government took office in June under Prime Minister Petr Nečas. The Czech Republic has not been immune to the economic problems in Europe and despite a rebound in economic growth in 2010, the government pushed through a series of austerity measures. Some 40,000 civil servants, including policemen, firemen, doctors, teachers and military protested on 21 September in Prague against the planned cuts by the government. Of particular concern to the trade unions is the planned 10% reduction in state spending on wages in the public sector.

Trade union rights in law

Although basic trade union rights are secured, they were set back in 2008 when the Constitutional Court repealed several provisions of the 2007 Labour Code. The right of everyone to associate freely with others to protect economic and social interests is guaranteed in the Constitution. The 2009 anti-discrimination law provides for equal treatment with regard to trade union membership and activities, but does not sufficiently protect workers against anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

. Furthermore, while the law recognises the right to collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
, there is little scope for negotiations on pay in the public sector. Finally, the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is coupled with a number of restrictions. To call a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, a two-thirds majority of the votes cast in a ballot is needed. Strikes are only allowed in the event of disputes over the conclusion of a collective agreement, and are only possible after all mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.

See arbitration, conciliation
and arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
procedures have been exhausted, which lasts at least 30 days. The list of “essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
” exceeds the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
definition.

In practice

Lack of consultation hinders social dialogue :

According to the country’s labour code, bills relating to employment, economic and social conditions should be put before the competent trade union and employer organisations for consultation. However, the government’s perfunctory approach to social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. was illustrated by its handling of new labour legislation in the autumn, when trade unions were effectively deprived of the opportunity to influence proposals that have important consequences for workers.

A one-day protest strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was declared by the unions on 8 December 2010 and was directed against restrictive measures implemented by the government and against wage cuts in the public services and public administration. Sweeping changes in the pay systems of public services and public administration were introduced with effect from 1 January 2011.

Violations

Failure to fulfill collective agreement: The Czech Metalworkers’ Federation KOVO reported that the Kovošrot Group CZ a.s. hindered the work of the union through refusal to collect trade union contributions at its Děčin branch despite the company agreeing to do so in the current collective agreement. The company’s stance towards working in partnership with the union was further highlighted by the fact that in Prague unsuitable facilities were provided to the union to carry out its activities.
Carmaker seeks to brush aside union representation: The Hyundai motor manufacturing company in Nošovice has also sought to eliminate trade union activities, particularly in relation to representation of workers. Examples include not seeking the required consent of unions when amending internal rules and not inviting union representatives into investigations of occupational accidents.
Hotel group fires union officers: The Zámecký Hotel Sychrov, part of the S Group Hotels s.r.o, terminated the employment of all officers of the Czech Moravian Trade Union of Catering, Hotels and Tourism. In total seven staff were dismissed, six of them trade union members. Organisational changes were cited as the reason. These dismissals coincided with the end of a monitoring period connected to an EU subsidy granted in respect of the hotel construction.
Anti-union discrimination in the health-care sector:

At the Podebrady spa resort Lázně Poděbrady, a.s. five rounds of negotiations took place from March to June between the management and the Trade Union of Health Service and Social Care in the Czech Republic with a view to concluding a collective agreement for 2010. No consensus was reached even though certain partial issues had been agreed orally. When bargaining was finally closed without result, most members of the negotiating team did not receive their share in the profit of the company, although they were entitled to it in accordance with the previous collective agreement.

The poor atmosphere led to both the former and present chairpersons of the union deciding to terminate their employment relationship on 30 September 2010. Although officially by mutual agreement, this was in effect the end result of discriminatory treatment of them by the company management.

Poor industrial relations in the forestry sector: A serious and persistent problem was registered at Lesy České republiky (Forests of the Czech Republic) by the Trade Union of Workers in the Woodworking Industry, Forestry and Management of Water Supplies. There have been repeated complaints regarding violation of trade union rights, including absence of information and consultation, as well as obstruction during the collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
process. In this latter case, the employer failed to respond in due time to the union’s proposal; the situation only changed when the union’s confederation advised them to initiate an arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
procedure. The collective agreement - concerning wages - was eventually signed after six months of bargaining. A complaint was lodged at the regional labour office in Usti nad Labem.
© ITUC-CSI-IGB 2010 | www.ituc-csi.org | Contact Design by Pixeleyes.be