Slovakia: Instruction No. 1133/1995 relating to Procurement of Employment of Refugees

The Slovak Ministry of Labour, Social Affairs and Family

Bratislava 27.2.1995

No.: 1133/1995

To :all District Labour Offices

Labour Office of Bratislava -

capital of the Slovak Republic

Labour Office of Košice

Subject: Instruction relating procurement of employment of refugees

For purposes of the 1951 Convention and the 1967 Protocol relating to the Status of Refugees the term "refugee relates to any person if he, because of the circumstances which have arisen, is out of the country of his origin and has a well-founded fear of being persecuted for reasons of race, religion, nationality, or his political opinions and for those reasons is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; the same is valid for a stateless person who is out of the country of his former habitual residence because of the above mentioned reasons and who, because of the above mentioned fear, is unwilling or unable to return to that country".

For purposes of implementation of Employment Act No. 1/1991 of the Coll. in words of further regulations, Act No. 83/1991 of the Coll. on the activities of the Slovak authorities at ensuring the employment policy in words of further regulations and Act of the Slovak Parliament No. 10/1993 of the Coll. on the Slovak Employment Fund in words of further regulations, a refugee is generally taken for an alien.

In accordance with Article 11 of the Slovak Constitution, international conventions on human rights and fundamental freedoms which were acceded to by the Slovak Republic and which were declared in the way stated by the law, they are prevailing over the Slovak laws, if they ensure wider extent of constitutional rights an freedoms. It is the same in the case of the Constitutional Act N°. 23/1991 of the Coll., which introduces the Charter of Fundamental Freedoms and Rights, and Article 2 of which sets: "International conventions on Human Rights and Fundamental Freedoms, ratified and declared by the Slovak Republic, are valid in the territory of the Slovak Republic and are prevailing over the Slovak laws".

The Slovak Republic ratified the 1951 Convention relating to the Status of Refugees, as well as 1967 Protocol relating to the Status of Refugees.

In connection with the above mentioned and concerning regulations relating employment of persons who were granted refugee status, Article 24 of the 1951 Convention relating to the Status of Refugees is used which reads:

ARTICLE 24

Labour legislation and social security

1. The Contracting States shall accord to refugees lawfully staying in their territory the same treatment as in accorded to nationals in respect of the following matters.

a)In so far such matters are governed by laws or regulations or are subject to the control of administrative authorities : remuneration, including family allowance where these form part of remuneration, hours of work overtime arragements, holidays with pay, restrictions on home work, minimum age of employment, apprenticeship and training, women's work and the work of young persons, and the enjoyment of the benefits of collective bargaining;

b)Social security (legal provisions in respect of employment injury, occupational diseases, maternity, sickness, disability, old age, death, unemployment, family responsibilities and any other contingency which, according to national laws or regulations, is covered by a social security scheme), subject to the following limitations;

i)There may be appropriate arrangements for the maintenance of acquired rights in course of acquisition;

ii)National laws or regulations of the country of residence may prescribe special arrangements concerning benefits or portions of benefits which are payable wholly our of public funds, and concerning allowances paid to persons who do not fulfill the contribution conditions prescribed for the award of a normal pension.

2. The right to compensation for the death of a refugee resulting from employment injury or from occupational disease shall not be affected by the fact that the residence of the beneficiary is outside the territory of the Contracting State.

3. The Contracting States shall extend to refugees the benefits of agreements concluded between them, or which may be concluded between them in the future, concerning the maintenance of acquired rights in the process of acquisition in regard to social security, subject only to the conditions which apply to nationals of the States signatory to the agreements in question.

4. The Contracting States will give sympathetic consideration to extending to refugees so far as possible the benefits of similar agreements which may at any time be in force between such Contracting States and non-contracting States.

It means that aliens or stateless persons who were granted refugee status and are not accommodated neither in a refugee centre nor in a centre for temporary protected persons are subject to the legal relationships arising from Employment. Act No. 1/1991 of the Coll. in words of further regulations, Act of the Slovak Parliament No. 83/1991 of the Coll. in words of further regulations and Act of the Slovak Parliament No. 10/1993 of the Coll. on the Slovak Employment Fund in words of further regulations, as well as Slovak nationals are. Therefore they are entitled to be included into the records on job-seeking persons (the files of job-seeking persons) and they are entitled to the social security under the same conditions as Slovak nationals.

Ing. Mária Sláviková

Head of the Department of Employment Policy