CMNT_TITLE

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. Noting the absence of information provided with regard to its previous request, the Committee once again 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 reiterates its request to 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. In reply to the Committee’s previous comment, the Government indicates, in its report, that the Action Plan on Equality between Women and Men and Equal Opportunities for 2021-2027 contains 3 measures aimed at raising awareness of the public on the issue of harassment, including sexual harassment at the workplace. The Committee notes the Government’s indication that, between 2014 and 2018, the NCHR continuously monitored cases of sexual harassment and bullying of women at workplaces but notes that this monitoring was limited to complaints submitted to the NCHR and to media publications. 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 take proactive measures to effectively prevent and eliminate sexual harassment in employment and occupation, including through awareness-raising of workers, employers and their respective organizations, and to provide information in this regard. It also requests the Committee to provide information on the measures taken to implement the Women and Men Equal Opportunities for 2021-2027, with regard to preventing and addressing sexual harassment in the workplace. The Committee again asks the Government to provide detailed information on:

(i)the results of the national survey carried out on sexual harassment at the workplace and any follow-up measures adopted in this regard; and
(ii)the number of cases of 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 the sanctions imposed and remedies granted.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes that, in reply to its previous comment, the Government refers to the Action Plan on Equality between Women and Men and Equal Opportunities (2021-2027) but that it does not provide information on the concrete measures adopted under the Plan to promote gender equality in employment and occupation. The Committee notes, from the EUROSTAT data, that in 2019, the employment rate of women remained at 13 percentage points lower than that of men, as previously noted in 2018. The Committee also notes, from the 2019 concluding observations of the United Nations Committee on Economic, Social and Cultural Rights, the persistence of many barriers to women’s full and equal participation in the workforce, including the horizontal segregation and wage discrimination (E/C.12/SVK/CO/3, 14 November 2019, para. 22). The Committee asks the Government to step up 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. It asks the Government to provide specific information on the concrete measures taken to this end and the results achieved. It also requests the Government to regularly assess the results and impact of the Action Plan on Equality between Women and Men and Equal Opportunities (2021-2027) and to provide information on any assessment made. Noting that no information is provided in this respect, the Committee again requests 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. With regard to its previous comment, the Committee notes the Government’s statement that the involvement of the social partners is part of the creation of all strategic materials and action plans and that the involvement of all relevant partners in the design, implementation, monitoring and evaluation of gender equality strategies is ensured in particular through the Gender Equality Committee, which acts as an inter-ministerial body in the field of gender equality and cooperates with ministries and other central state administration bodies. To this end, social partners have voting rights within the Gender Equality Committee. The Committee takes note of this information.

Enforcement. In reply to the Committee’s previous request, the Government states that in 2020, the National Labour Inspectorate received 252 submissions for breach of the principle of equal treatment and discrimination on various grounds out of a total of 6,527. The Government also indicates that 27 violations were detected by labour inspection services with regard to the rules on equal treatment in employment relations. The Committee takes notes of the Government’s indication that there has been an improvement in registration of cases of discrimination by courts and subsequent collection of data for statistical purposes and its disclosure to the public. Since 1 January 2019, courts have an option to choose “anti-discrimination case” as a type of court proceedings and can also record the ground of discrimination of the case. However, the Committee notes that the Government does not provide information on the number of discrimination cases dealt with by the courts. Welcoming the improvements in the collection of data regarding discrimination-related cases, the Committee asks the Government 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. Noting the absence of information provided in this regard, the Committee once again asks the Government to provide information on the Labour Inspection Methodology which the Government was elaborating with the objective to detect and address discrimination in employment and occupation.