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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Slovakia (RATIFICATION: 1993)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Discrimination based on sex. Pregnancy. The Committee previously noted that the National Centre for Human Rights (NCHR) referred to a rising tendency of discrimination on the basis of pregnancy, especially by terminating the employment relationship during the trial period, and requested the Government to take the necessary steps to ensure effective protection of pregnant women in employment and occupation. The Committee takes note of the Government’s repeated indication, in its report that adequate protection is granted to pregnant women by the Labour Code. The Government adds that a public information campaign was undertaken by the Ministry of Labour, Social Affairs and Family with relevant stakeholders and media to raise awareness about protection of pregnant women at work. The Committee asks the Government to step up its efforts to ensure that pregnant women are effectively protected against discrimination in employment and occupation in practice, including through the strengthening of enforcement measures of the relevant legislative provisions by labour inspectors and judges, and the development of awareness-raising of the rights of pregnant women among workers, employers and their respective organizations. The Committee also asks the Government to provide information on the number of cases concerning discrimination on the ground of pregnancy in employment and occupation which have been dealt with by the labour inspectorate, the courts, the Ombudsman and the NCHR, as well as the sanctions imposed and remedies granted.

Sexual harassment. The Committee previously referred to the high incidence of sexual harassment of women in the workplace and requested the Government to provide information on the number of cases concerning sexual harassment that have been dealt with by the labour inspectorate, the courts, and the NCHR, as well as any educational programmes in this regard. It notes the Government’s statement that, in 2016, the NCHR dealt only with one case of sexual harassment, in which legal assistance was given to the victim. The Committee also notes from the National Report “Beijing +25” to UN Women (June 2019), which was prepared by the Department of Gender Equality and Equal Opportunities of the Ministry of Labour, Social Affairs and Family, that the Ministry is preparing a nationwide survey of the occurrence of sexual harassment at the workplace. Recalling that sexual harassment is a serious manifestation of sex discrimination which is prohibited under the Anti-Discrimination Act, 2004, the Committee asks the Government to provide information on any proactive measures taken or envisaged to effectively prevent and eliminate sexual harassment in employment and occupation, including through awareness-raising of workers, employers and their respective organizations, as well as on their impact. The Committee asks the Government to provide detailed information on the results of the national survey carried out on sexual harassment at the workplace and any follow-up measures adopted in this regard. It also asks the Government to continue to provide information on the number of cases concerning sexual harassment that have been dealt with not only by the NCHR, but also by the labour inspectorate, the Ombudsman and the courts, as well as on the sanctions imposed and remedies granted.

Articles 2 and 3. Equality of opportunity and treatment for men and women. In its previous comments, the Committee noted that despite the adoption of the National Strategy for Gender Equality (2009–13) and its Action Plan (2010–13), women were still facing strong gender stereotypes, vertical and horizontal gender segregation, inequalities in the level of wages, and unbalanced share of family responsibilities. The Committee takes note of the new Strategy for Gender Equality (2014–19) and its Action Plan which set as specific targets the strengthening of the economic independence of women and overcoming of wage differentials, including through active labour market policies and temporary positive action measures. The Government states that some actions have already been implemented in 2015 and 2016, to ensure balanced representation of women and men in managing positions in the public and private sectors. The Committee however notes, from the statistics of Eurostat, that the number of women managers decreased from 2016 to 2018, while a reverse trend is observed for men, with women representing only 32.3 per cent of managers in 2018 (compared to 35.3 per cent in 2016). The number of women employed as clerical support workers increased over the same period, with women representing 73.4 per cent of such workers in 2018. The employment rate of women increased from 55.9 per cent in 2015 to 61.2 per cent in 2018; it however remains 12.7 percentage points lower than that of men (73.9 per cent in 2018). The Committee asks the Government to intensify its efforts to promote gender equality, including in management positions, and to address the persistent obstacles faced by women in employment and occupation, such as horizontal and vertical gender segregation in the labour market and gender stereotypes, and to provide specific information on the concrete measures taken to this end and the results achieved. It also asks the Government to provide information on any assessment made of the results and impact of the Strategy for Gender Equality (2014–19) and its Action Plan. The Committee asks the Government to provide updated statistical information on the distribution of men and women in the various economic sectors and occupations, both in the public and private sectors.

Article 3(a). Collaboration with the social partners. Referring to its previous comments concerning the results achieved by the Memorandum on Cooperation with the Confederation of Trade Unions of the Slovak Republic for the Implementation of Gender Equality, the Committee notes the Government’s general indication that the Memorandum resulted in the adoption of the Action Plan of the Confederation of Trade Unions of the Slovak Republic for 2010–12. This led to a series of activities held by the Government in collaboration with the social partners on gender equality. The Government adds that the Economic and Social Council is responsible for approving all legislative amendments and policy proposals on gender equality before being forwarded to the Government for approval or to the Parliament for adoption. The Committee, however, notes that the European Commission recently highlighted the lack of constant and systemic dialogue between the Government and trade unions as regards non-discrimination (European Commission, Country report on non-discrimination, 2018, p. 12). The Committee asks the Government to provide information on the content of the activities undertaken in collaboration with the social partners with a view to promoting equality of opportunity and treatment in employment and occupation, including within the framework of the Economic and Social Council and as a result of the Memorandum on Cooperation with the Confederation of Trade Unions of the Slovak Republic for the Implementation of Gender Equality.

Enforcement. The Committee notes the Government’s statement that in 2016, the National Labour Inspectorate requested regional labour inspectorates to carry out systematic inspection focused on equal treatment in employment and occupation. As a result, 157 violations were detected of which 39 referred to equal treatment, the most common violation being the absence of information provided to employees on the equal treatment legislative provisions. The Government adds that 143 complaints concerning violation of equal treatment provisions by employers were dealt with by the labour inspectorate. The Committee also notes that, in its 2017 annual report, the NCHR indicated that 58 complaints alleging discrimination in employment were received. It also notes from the National Report “Beijing +25” that the preparation of the Methodology for Labour Inspectorates to ensure effective monitoring of cases of discrimination is under way. The Committee notes that the European Commission expressed concern at the lack of proper knowledge of anti-discrimination legislation by legal professionals including those in decision-making positions, as well as at the fact that existing case law shows that courts are fairly reluctant to award financial compensation at all for non-pecuniary damage in cases of discrimination and, further, when such compensation is awarded, the sums are hardly effective, proportionate or dissuasive (European Commission, Country report on non-discrimination, 2018, pp. 10 and 145). The Committee encourages the Government to take steps to raise the awareness and understanding of the principles of non-discrimination and equality among labour inspectors, judges and any other enforcement authorities, with a view to ensure that they are monitored during labour inspections and that preventive measures are taken, dissuasive sanctions imposed and appropriate remedies granted in cases of discrimination. The Committee asks the Government to provide information on the above-mentioned Labour Inspection Methodology aimed at detecting and addressing discrimination in employment and occupation. It also asks the Government to continue to provide information on the number of discrimination cases in employment that have been dealt with by the labour inspectorate, the courts, the Ombudsman and the NCHR, while specifying the ground of discrimination alleged, the sanctions imposed and the remedies granted.