Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Slovakia (Ratification: 1993)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Association of Industrial Unions (AIU) received on 16 April 2020, as well as the Government’s reply.

Article 3 of the Convention. Minimum wage-fixing machinery. Consultation of the social partners. The Committee notes that the AIU refers to recent legislative changes adopted by the Parliament, including amendments to the Minimum Wage Act. According to AIU, these amendments changed the minimum wage fixing method by providing that, in case an agreement is not reached between the social partners for the yearly revision of the minimum wage level, that level would be fixed at 60 per cent of the average monthly nominal wage of an employee, as determined by the national statistical office. The AIU adds that this formula was not justified by any study or expert discussion. While acknowledging that the legislative changes were the subject of a discussion in the Economic and Social Council (ESC) in the course of the legislative process, the AIU considers that this discussion was only a formally fulfilled obligation and that it did not constitute a proper consultation with the social partners, given that those submitting the legislative proposal were not willing to accept any comments or suggestions of the social partners. The Committee takes note of the Government’s reply to these observations, which confirms that the proposed legislative changes were submitted to the ESC following their introduction to the Parliament. The Government adds that further readings in the Parliament related to these amendments took place after the consultations with the social partners within the ESC. The Committee requests the Government to provide information on the proceedings of the ESC meeting during which the proposed amendments to the Minimum Wage Act were discussed, together with a copy of the Act, as amended.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3(2)(2) of the Convention. Consultations with the social partners. The Committee notes the adoption of the new Minimum Wage Act No. 663/2007 Coll. which provides for the annual revision of the national minimum wage taking into consideration the country’s overall social and economic situation in the preceding two calendar years, including the following factors: consumer prices, employment, average monthly wage and subsistence minimum. The Minimum Wage Act also modifies the minimum wage fixing process and now provides for direct negotiations of employers’ and workers’ representatives to start no later than 1 April each year for the amount of the minimum wage for the following calendar year. In case of agreement, the Minister of Labour submits the proposed amount in the form of a draft government regulation to the Economic and Social Council for its consideration. If the social partners fail to agree on the amount of the minimum wage, the Minister presents his own proposals to the Council. If the Minister’s proposals are not approved by the Council, the minimum wage for the next calendar year will be fixed at a level not lower than the amount of the current minimum wage multiplied by the annual growth index of the average monthly wage published by the Statistical Office. Moreover, the Committee understands that new legislation on tripartism was adopted in November 2006 replacing Act No. 106/1999 on Economic and Social Partnership and establishing the Economic and Social Council. The Committee requests the Government to provide more detailed information on the composition, powers and functions of the Economic and Social Council in matters related to minimum wage fixing. It would also appreciate receiving a copy of the 2006 legislation on tripartism and the rules of procedure of the Economic and Social Council.

Article 3(2)(3). Lower minimum wages on the basis of age or disability. The Committee notes with interest that the new Minimum Wage Act no longer provides for lower pay rates for young workers and workers with disabilities. The Government indicates that the elimination of differentiated minimum wage rates based on age or disability was decided in accordance with Act No. 365/2004 Coll. on equal treatment and protection against discrimination.

Article 5 and Part V of the report form. Application in practice. The Committee notes that according to the information provided by the Government, the national minimum wage is currently set at €327.20 per month and the number of employees remunerated at the minimum rate is estimated at approximately 1.5 per cent of the total number of employees. The Committee understands that despite annual increases since 2002, the minimum wage rate remains one of the lowest in the European Union and it represents approximately 40 per cent of the gross average monthly wage. The Committee requests the Government to continue supplying up-to-date information on the practical application of the Convention, including labour inspection results, statistics on the approximate number of workers remunerated at the minimum wage rate, as well as copies of official documents, such as activity reports of the Economic and Social Council and studies on the subsistence minimum or other relevant indicators.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the detailed information contained in the Government’s report and wishes to draw attention to the following points.

Article 3, paragraph 2(2), of the Convention. Consultation and participation of employers and workers. The Committee notes the information provided by the Government concerning the establishment of the Economic and Social Council by virtue of Act No. 103/2007 Coll. on tripartite consultations at the national level. The Council is a consultative and advisory body in the field of economic and social development. It is tasked to study and formulate recommendations on several issues, including labour legislation with regard to working and wage conditions and employment promotion. The Council is composed of 21 members, comprising seven representatives appointed by employers’ associations and seven representatives appointed by trade unions. In July 2007, the Council reached agreement on the amount of the minimum wage (8,100 SKK, or approximately US$327 per month and 46.60 SKK, or approximately US$2, per hour) that will take effect on 1 October 2007. The Committee would appreciate receiving additional information on the functioning and working method of the Economic and Social Council, in particular as regards minimum wage fixing and the socio-economic criteria used for that purpose.

Article 3, paragraph 2(3). Lower minimum wages on the basis of age or disability. The Committee notes the Government’s statement that a new Minimum Wage Act is currently under deliberation to replace Act No. 90/1996 Coll. currently in force. The Government indicates that the draft legislation, which is expected to enter into force on 1 January 2008, no longer provides for lower pay rates (50 per cent and 75 per cent of the minimum wage) for young workers and workers with disabilities in an effort to remove all grounds of discrimination following the adoption of Act No. 365/2004 Coll. on equal treatment and protection against discrimination. Under the new system, the social partners and Government representatives will no longer discuss on the coefficient to be used for determining the amount of the minimum wage but will directly negotiate the sum of the monthly minimum wage for the following calendar year. The objective of the new procedure is to strengthen the role of the social dialogue in the determination of the minimum wage. The Committee requests the Government to keep it informed of any developments in this regard and to transmit a copy of the new Minimum Wage Act as soon as it is adopted.

Article 4, paragraph 1. Dissemination of information on minimum wage rates. The Committee notes the Government’s indication that the minimum wage rates are established in the form of a government regulation which is published in the Collection of Laws and also diffused through the public mass media, professional publications and the Internet site of the Ministry of Labour, Social Affairs and Family. It also notes that under section 5(4) of Act No. 2/1991 Coll. on collective bargaining, any higher pay rates fixed through collective agreements must be communicated to the workers concerned, for instance through the posting of notices at the workplace or otherwise.

Article 5 in conjunction with Part V of the report form. The Committee notes the statistical information provided by the Government on the evolution of the monthly gross minimum wage and the average wage in the period 2002–07, and on the higher minimum pay rates established in seven branch/sector collective agreements concluded in 2006. The Committee would be grateful if the Government would continue supplying up to date information on the practical application of the Convention, including labour inspection results, statistics on the approximate number of workers remunerated at the minimum wage rate, copies of any relevant documents or studies such as activity reports of the Economic and Social Council, etc.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body on the continued relevance of the Convention based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Conventions No. 26 and No. 99 are among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131) which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

The Committee notes the detailed information provided by the Government in its report in reply to the Committee’s previous comments, as well as the attached documentation.

Article 1, paragraph 1, of the Convention. The Committee notes that, under section 2(1) of the Minimum Wage Act No. 90/1996, lower monthly and hourly wage rates are applied to certain categories of workers on the basis of age. In this regard, the Committee wishes to refer to paragraphs 169 to 176 of its General Survey of 1992 on minimum wages in which it invited States to devote special attention to the provision of fair remuneration to young workers, bearing in mind the principle of equal pay for equal work and the principle of determining remuneration on the basis of objective criteria such as the quantity and quality of work done. The Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to re-examine the question of the different minimum wages rates based on age in the light of the principles mentioned above, especially that of equal pay for work of equal value.

Article 3, paragraph 2(2). The Committee notes with interest the explanations provided by the Government concerning the establishment and functioning of the minimum wage fixing machinery. In particular, the Committee notes that, by virtue of Act No. 106/1999 on the Economic and Social Partnership, representatives of employers’ and workers’ organizations are associated in equal numbers and on equal terms in the operation of the Council of Economic and Social Accord for the determination of the scale of coefficients applied to the various degrees of occupational skill. The Committee requests the Government to keep it informed of any new developments concerning the composition and terms of reference of this consultative body in respect of minimum wage fixing.

Article 4, paragraph 1. The Committee notes the Government’s indication that workers are informed of the minimum wage rates in force through various sources, such as technical publications regarding wages or the web site of the Ministry of Labour, Social Affairs and Family, but also by means of notices posted at the workplace. In this connection, the Committee would be grateful if the Government could specify whether the posting of notices containing information on applicable minimum wage rates is prescribed by national laws or regulations and, if so, transmit a copy of the relevant text(s).

Article 5 and Part V of the report form. The Committee notes the Government’s indication that the national minimum wage was last determined by Regulation No. 514/2002 and currently amounts to 32 SKK per hour or 5,570 SKK per month. The Committee requests the Government to continue supplying detailed information on the practical application of the Convention, including, for instance, the minimum wage rates in force by sector and occupational category, statistics on the number of workers covered by relevant legislation, inspection reports containing information on the number and nature of violations observed and penalties imposed, and any other particulars bearing on the operation of the minimum wage fixing machinery.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

Article 4, paragraph 1, of the Convention. The Committee notes the Government's statement that the Act on the Minimum Wages (No. 96/1996 of the Digest of Laws) was published in the Digest of Laws of the Slovak Republic, thus having become generally known by the persons concerned. The Committee recalls paragraph 359 of its 1992 General Survey on minimum wages, according to which the publication of minimum wage rates in the Official Gazette is not by itself sufficient to ensure that the employers and workers concerned are made aware of the rates in force. It again requests the Government to indicate the additional measures taken or envisaged to ensure that publicity is given to minimum wage rates, for example, through the publication of minimum wage rates in publications other than the official compilation of laws, the posting of notices in places where wages are paid or at the workplace, or by other means.

Article 5, in conjunction with point V of the report form. The Committee notes that the minimum wage is SKK2,700 per month for the year 1997 and applies to all groups of workers in industry, agriculture, services, private sector. It requests the Government to specify if young workers are or are not covered by this minimum wage. It also requests the Government to supply, in accordance with general information on the application of the Convention in practice: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).

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

The Committee notes the Government's report on the application of the Convention. It requests the Government to provide further information on the following points:

Article 4, paragraph 1 of the Convention. The Committee notes the Government's statement that legal provisions and regulations on minimum wages are published in the official compilation of laws and come into force on the day after the date of publication. The Government adds that the public is generally well-informed about important legal texts and regulations, such as those relating to minimum wages. However, the Committee refers to paragraph 359 of its 1992 General Survey on Minimum Wages, according to which the publication of minimum wage rates in the Official Gazette is not by itself sufficient to ensure that the employers and workers concerned are made aware of the rates in force. It requests the Government to indicate the additional measures which have been taken or are envisaged to ensure that publicity is given to minimum wage rates, for example, through the publication of minimum wage rates in publications other than the official compilation of laws, the posting of notices in places where wages are paid or at the workplace, or by other means.

The Committee also notes that the Ministry of Labour, Social Affairs and the Family is responsible for the material and legislative aspects of the governmental decree on minimum wages. It requests the Government to provide information on the system of supervision and the sanctions envisaged in order to ensure that the wages actually paid are not lower than the applicable minimum rates.

Article 4, paragraph 2. The Committee notes the Government's statement that a worker to whom a governmental decree on minimum wages applies and who receives a lower wage can, under section 263 of the Labour Code, bring an action within three years with a view to recovering the difference. The Committee requests the Government to indicate whether judicial or other decisions have been issued in this respect. Please supply copies of them, where appropriate.

Article 5. The Committee notes the Government's statement that the available statistics on the number of workers covered by the minimum wage decree does not take into account their distribution by sex and age. It requests the Government to provide such statistics.

Furthermore, the Committee also notes, according to the wage data for the second quarter of 1994, that 0.2 per cent of the workers out of a sample of 188,386 receive average hourly remuneration that is lower than the rate fixed by governmental decree. It requests the Government to indicate the sectors and categories of workers that receive wages that are lower than the minimum rates fixed by the Government and any measures that have been taken or are envisaged by the Government to ensure that the wages actually paid in industry, including home work, are not lower than the minimum applicable rates.

Point IV of the report form. Please indicate, in accordance with these provisions of the Convention, whether decisions have been taken by judicial or other bodies involving questions of principle relating to the application of the Convention and, if so, provide copies of them.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes from the general report of the Government the description of the principle of tripartite negotiation for minimum wage fixing, presently in force. It requests the Government to provide a detailed report on measures taken to give effect to each Article of the Convention, following the report form approved by the Governing Body, providing also copies of relevant legislation if they have not already been sent to the ILO.

[The Government is asked to report in detail for the period ending 30 June 1994.]