Workplace Representation
Recent years have produced major changes in legislation favouring works councils over workplace trade union organisations. Both can now exist in the same workplace and powers are divided between them. It is too soon to be clear what impact this is having in practice, particularly as relatively new legislation, which came into force in September 2007, has readjusted the responsibilities of the two bodies – this time in favour of the workplace union organisation.
Recent years have produced major changes in legislation favouring works councils over workplace trade union organisations. Both can now exist in the same workplace and powers are divided between them. After legislative moves favouring trade unions in 2007, the 2011 labour code has introduced changes which make it more difficult for unions to be accepted as representative at the workplace.
Until 2002 local trade union bodies had been the only organisations legally entitled to represent employees at the workplace. This had been the situation from the creation of a separate Slovak Republic in 1993, and in practice for more than 30 years before that. However, legislation in April 2002 allowed for the introduction of works councils but only in companies without trade union representatives. Just over a year later in July 2003 this legislation was itself amended to allow works councils to be established at all workplaces, including those with unions, taking responsibility for information and consultation away from the unions and giving it to the works councils, where they exist. A revised version of the Labour Code, which came into force in September 2007, subsequently reduced the powers of works councils, giving some of their responsibilities back to the local unions.
However, as noted in the section on collective bargaining, changes to the Labour Code, introduced in 2011 have made it more difficult for unions to represent employees. The law now says that unions, setting themselves up for the first time at a workplace, must, if required by the employer, demonstrate that at least 30% of the workforce are their members, before they can represent them. Existing unions have until January 2013, before this applies.
Works councils are only established where at least 10% of the workforce ask for them and they are still found less frequently than union representation. A survey undertaken by human resource and employment consultancy Trexima found that, by 2009, 42% of companies surveyed had only unions present and 23% had only works councils.1
Numbers and structure
Apart from the requirement that a local union organisation must have at least three members, there are no legal regulations on the numbers and structure of the local union organisations. This is for the union to decide.
Works councils must be set up in organisations with at least 50 employees provided that 10% of the workforce request this in writing. If there are less than 50 employees a single “works trustee” should be elected, who has the same rights and duties as a works council.
The size of the works council is as follows:
| 50-100 employees | 3 members |
| 101-500 employees | 1 additional member for each additional 100 employees |
| 501-1,000 employees | 1 additional member |
| 1,000+ | 1 additional member for each additional 1,000 employees |
The law does not say anything about the frequency or organisation of meetings, although it states that a representative of the union body can attend meetings of the works council if a majority of its members are in favour.
Tasks and rights
Local employee representatives, either through a union or a works council (works trustee in smaller organisations), have rights to information, to carry out inspections, to negotiate on issues not covered by collective agreements, to ensure that employees enjoy their legal rights, and in some areas to joint decision-making with the employer. Only a union organisation can become involved in collective bargaining.
If there is both a union organisation and a works council at a workplace then the powers of the two bodies are divided. The union body deals with collective bargaining, ensuring that the obligations which flow from the collective agreement are fulfilled, and also has some information rights. Since September 2007, the workplace union organisation also has responsibility in the areas of joint decision-making, negotiating on non collective bargaining issues, inspection and control. Only information and consultation rights are dealt with by the works council.
Joint decision-making rights cover very few issues – most importantly work rules, which are invalid without the prior consent of the employee representatives and the distribution of working time, which should be agreed with them.
A requirement to negotiate “with the goal of achieving an agreement” is more extensive. It covers planned and future levels of employment, especially where it is under threat, health and safety issues, changes in work organisation and other changes such as the ending of some activities or the taking on of new ones.
As well as information on these issues employee representatives are also entitled to information on the economic and financial situation and future prospects of their employer.
Finally employee representatives also have inspection and control rights to ensure that legislation and collective agreements are being complied with. This includes the right to enter premises at an agreed time, to ask for documents and to make proposals to remedy faults.
Election and term of office
The election and term of office of representatives coming from local trade union organisations is a matter for the union concerned. Typically they are elected for two to five years.
Works council members and works trustees are elected by secret ballot of the whole workforce with either the union or 10% of the workforce being able to propose lists of candidates. Members serve for four years.
Protection against dismissal
Discrimination against employee representatives, either as part of a local union organisation, works council or works trustee is illegal. During their term of office and for a year afterwards, their dismissal is illegal without the prior consent of the employee representatives or a decision of the court.
Time off and other resources
The new Labour Code which came into effect on 1 September 2007 provides for new paid time-off rights for employee representatives. Trade union representatives are entitled to paid time off in line with the number of members. In a company with fewer than 50 trade union members, one union representative is entitled to four hours a month. This increases to 12 hours in companies with between 50 and 100 union members and 16 hours in companies with 100 union members or more. The time off rights for works council members do not vary according to the number of employees. A single member of the works council is entitled to four hours paid time off a month.
Employers should also provide employee representatives with “facilities with the necessary equipment” free of charge. The precise nature of the facilities may be fixed in collective agreements.
Representation at group level
This is only provided through union structures for union representatives. There is no group structure for works councils.
