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WORKING CONDITIONS OF PERSONS WORKING IN A FOREIGN HOUSEHOLD - ILO CONVENTION

D. Svetlikova, S. K. Kotaskova, S. Falteiskova

Abstract

The Czech Republic has not yet ratified or acceded to the Convention of the International Labor Organization (hereinafter referred to as "ILO") No. 189 on Foreign Workers. In the vote on the adoption of the Convention in 2011, the vote was abstained and, on the basis of the Czech Government's failure to ratify, the Senate Senate on Health and Social Policy of the Senate of the Czech Parliament on 8 August 2012 decided that the Czech Republic would not join the ratification of the Workers' In a foreign household. The reasoning behind such a decision was the claim that this is a marginal problem and that the employment of workers in a foreign household is adequately addressed by normal labor legislation. Against this allegation by the government of the Czech Republic and also by the Senate of the Parliament of the Czech Republic, a wave of outrage was raised mainly by non-governmental non-profit organizations, which in their written statements argue with a number of facts that contradict the government's assertions. It is clear, therefore, that non-governmental NGO experts have specific experience in this area and show that the marginal problem is far from being. The analysis of the treaty also revealed that the Czech Republic does not have effective mechanisms for legal and factual protection of the rights of employees working in a foreign household because it is not possible under the current legislation to apply control mechanisms, for example, because they work in a foreign household and are legally preferred Protect the privacy of their employers before publicly controlling the working conditions of employees. In 2016, the Minister for Human Rights submitted to the Government of the Czech Republic a recommendation of the Government Council for Gender Equality to accede to ILO Convention No. 189 on Foreign Workers. The report was approved by the Council Resolution of April 4, 2016. The material requested requires the Minister of Labor and Social Affairs, in cooperation with the Minister of Foreign Affairs and the Minister of the Interior, to prepare and submit to the Government, before 31 December 2016, material for the purpose of assessing the suitability of accession to the Convention. On 2 November 2016, the Government of the Czech Republic adopted the proposed Resolution No. 960. In the resolution, the Government takes note of the applicant's recommendation for accession to the Convention. According to Article 26 of the Charter of Fundamental Rights and Freedoms, "Everyone has the right to freedom to choose a profession and to work for him, as well as the right to engage in another economic activity". Under the first sentence of Paragraph 26 (3) of the Charter of Fundamental Rights and Freedoms, "Everyone has the right to obtain funds for his / her life needs". The Charter of Fundamental Rights and Freedoms article then contains additional terms, Limitations for work, and permits the possibility of deviating treatment for foreigners.

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DOI resolver: doi.org/10.5593/sgemsocial2017/12/S02.104

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