Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

1. The Committee notes with interest the detailed information provided by the Government in its first report, from which it appears that the Government has adopted a national policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise that right without being subject to discrimination and without conflict between their employment and family responsibilities. This policy is embodied, in particular, in Act No. 311/2001 Coll. Labour Code as amended, Act No. 312/2001 Coll. on the Civil Service as amended, Act No. 552/2003 on Work Performed in Public Interest, Act No. 5/2004 on Employment Services, Act No. 195/1998 on Social Assistance, as amended, Act No. 261/2001 Coll. on Social Insurance, as amended, Act No. 280/2002 on Parental Contributions, and Act No. 365/2004 on Equal Treatment in Certain Areas and Protection Against Discrimination, amending and supplementing certain other laws. The Committee also notes the National Action Plan for Women in the Slovak Republic and the Concept for Equality of Opportunities for Women and Men defining measures to promote equal opportunities for workers with family responsibilities.

2. Article 1 of the Convention. Definition of "dependent child" and "dependent family member". The Committee notes the broad definition of "family member" in section 40(5) of the Labour Code and the definition of dependent child in section 9 of the Act on Social Insurance - Collection of Laws No. 461/2003. The Committee also notes that sections 68(3), 103(g), 165 of the Labour Code refer to care of a "close person". The Committee requests the Government to clarify in its next report how the "other members of their immediate family who clearly need care or support" are defined for the purposes of the application of the Convention.

3. Article 2. Application to non-nationals. The Committee notes the Government’s indication that the measures taken to give effect to the Convention apply to all branches of the economy and to all categories of workers. It also notes that certain provisions cited in the report as relevant to the application of the Convention, particularly references to the Employment Services Act and the Social Assistance Act, apply only to citizens. In this regard, the Committee wishes to draw the Government’s attention to paragraph 47 of its 1993 General Survey on workers with family responsibilities which points out that the Convention is intended to cover all workers living in a particular country, whether or not they are nationals of that country. The Committee requests the Government to indicate the manner in which the Convention is applied to non-citizens residing in the territory of Slovakia.

4. Article 3. National policy. The Committee notes the provisions prohibiting discrimination in employment and occupation based, among others, on sex, marital and family status in the Acts mentioned in point 1 of this direct request. It asks the Government to clarify in its next report whether the ground of "family status" includes "family responsibilities". Noting further that employees in the civil service and public function are only covered by the provisions of the Labour Code, if stipulated by a special regulation, the Committee requests the Government to indicate whether the specific provisions in the Labour Code aimed at assisting workers with family responsibilities apply to employees in the civil service and public function.

5. Articles 4(a) and 7. Measures to promote free choice of employment and integration in the labour market. The Committee notes with interest that section 41(6) of the Labour Code prohibits the employer from asking for information about pregnancy and family conditions, and that sections 158 and 166, paragraph 1, of the Code provide that employees who return to work upon completion of maternity or parental leave shall be transferred to their original work or other work corresponding to the employment contract. Sections 153 and 154 provide for retraining of employees who cared for a child or for a dependent family member upon their return to work when they have been transferred to a new type of work or method of working. In addition, the Committee notes that the Act on Employment Services establishes conditions to assist certain categories of citizens with parental responsibilities to access employment through the employment intermediary system and their participation in the National Programme of Education and Preparation for the Labour Market. Measures include special contributions granted to employers providing jobs for disadvantaged jobseekers and contributions for childcare services for parents participating in the education programme, and preparation for the labour market (sections 8(d) and (e), 46(5) and (6) and 50 of the Act). The Committee requests the Government to provide information on the practical application of the abovementioned provisions in the Labour Code and the Employment Services Act, including the number of male and female jobseekers participating in the education programme who have been granted contributions for childcare by the Ministry of Labour, Social Affairs and the Family (MLSAF).

6. Vocational training. Further to the above, the Committee notes the Government’s statement that women, in the interest of family responsibilities, are often prepared to accept low-quality employment and that the prevailing orientation of women in education to humanities decreases their chances in the labour force. Therefore, retraining emphasizes computer literacy skills in the area of information technologies. The Government’s report further indicates that, in 2003, the National Labour Office provided for retraining of 13,787 women, 2,625 of whom were 45 years of age or older. Retraining courses were completed by 1,962 registered unemployed women (64.8 per cent of the total monthly average number of registered unemployed persons subject to retraining) and courses were mostly completed by women after maternity leave or women with low qualifications or education. The Committee asks the Government to continue to provide information on the number of men and women with family responsibilities participating in the National Programme of Education and Preparation for the Labour Market or any other vocational training programmes, the type of training courses they have followed and the number of them that have entered or re-entered the labour force following such training or preparation for the labour force.

7. Article 4(b). Working hours and leave entitlements. The Committee notes with interest the various provisions in the Labour Code regarding flexible working time arrangements and overtime (sections 87, 88, 163, 164 and 165), paid leave entitlements (section 141), including parental leave (sections 166 to 168) and breaks for breastfeeding (section 170), taking into account the needs of pregnant women, and male and female employees caring for children or for a close person who is mostly or completely disabled and not provided with social or institutional care facilities. It also notes the possibility of using flexible models of labour organization, such as reduced working hours and homework (sections 49, 50 and 52) and the Government’s indication that very few employers and workers are using this possibility in practice. The Committee requests the Government to provide information, disaggregated by sex, on the number of men and women exercising their right to parental leave, and an indication of the number of men and women employees requesting flexible working time arrangements, reduced working hours or homework in order to better combine work with family responsibilities.

8. Article 5. Community services for children and other dependent persons. The Committee notes the information in the Government’s report concerning the type and the extent of the social services provided under the Act No. 195/1998 on Social Assistance to citizens depending on assistance of another person. Furthermore, the Committee notes the Government’s indication that childcare for children above the age of 4 years old is relatively well established (at 30 September 2002, the kindergartens accommodated 70 per cent of all children of 4 years old, and 84.1 per cent of the 5 year-old children) but that childcare for children below the age of 2 is a problematic area and that the numbers and capacities of these professional establishments are unsatisfactory and are located mainly in urban areas. The Government also indicates that, with respect to children below the age of 3, many parents prefer to combine paid work and professional care of children, notwithstanding the existence of parental contributions. In this regard, the Committee notes the indications by the Government that the National Action Plan for Employment, as well as the Concept on Equality of Opportunities for Women and Men, include the provision of social services to working parents with small children and for persons depending on care of employed persons, and that many of the regional and district offices are seeking non-traditional and financially less demanding ways of spreading social services for families. In addition, the Committee notes that the MLSAF prepared draft legislation in 2003 with the objective of providing broader supportive services mainly to men and women caring for persons dependent on them and that it initiated a project introducing, among others, the issue of harmonizing work and family life into the agenda of the local and regional self-governments, which commenced in 2003. The Committee requests the Government to provide information on: (1) the status of the abovementioned draft legislation and the outcome of the initiatives taken by the local and regional self-governments seeking non-traditional and financially less demanding ways of spreading social services designed for families; (2) the number of workers with family responsibilities engaged in and seeking employment, and the number and age of children requiring care; (3) whether the childcare facilities and social services meet the present demand for such facilities and whether measures are being taken or contemplated to attempt to satisfy the demand for childcare facilities for children below the age of 2, and the progress achieved in this respect.

9. Article 6. Educational programmes. The Committee notes the Government’s statement that women’s role with respect to the family and maternity is frequently considered as an obstacle to their work due to dominant gender stereotypes and traditional perceptions of family roles in Slovakia. It also notes that various educational and information activities have been carried out by the Government, the social partners and civil society organizations to promote equal opportunities between men and women, including activities to raise awareness on the need to harmonize work and family life, and on the status of workers with family responsibilities in the labour market. The Committee request the Government to continue to supply information on relevant surveys, studies or programmes undertaken, including those conducted by the Centre for Labour and Family Studies, to promote a broader public understanding of various aspects of employment of workers with family responsibilities and the need for a more equitable sharing of family responsibilities between men and women. Please also supply information on the programmes undertaken to address stereotyping with respect to family responsibilities. 

10. Article 8. Termination of employment. The Committee notes the relevant provisions in the Labour Code protecting from unlawful termination pregnant women, female or male employees who are on maternity or parental leave, or who are caring for a child younger than 3 years old, as well as those who care for a close person who is severely disabled. It also notes that security for an employee upon temporary incapacity during pregnancy, maternity and parenthood shall be governed by special regulations (section 156). Please provide copies of the regulations concerned, as well as information on any court decisions concerning violations of the abovementioned provisions, illustrating that family responsibilities do not constitute a valid reason for termination of employment.

11. Article 11. Participation of workers’ and employers’ organizations. The Committee notes the cooperation between the MLSAF and the Confederation of Trade Unions to give effect to the provisions of the Convention. It also notes that the MLSAF annually evaluates the "Concept of Equality of Opportunities of Women and Men" in cooperation with the social partners and that it presents a report for discussion to the Council of Economic and Social Agreement. Noting further that methods are being sought in cooperation with the social partners to assist workers with family responsibilities to integrate into the labour market, the Committee asks the Government to provide additional information on the outcomes of this cooperation with the social partners.

12. Part IV of the report form. The Committee notes the Government’s statement that the anti-discrimination legislation is not applied in practice and that very few women utilize the court procedures to claims their rights. The Committee requests the Government to provide information on the measures taken to ensure that the provisions relevant to workers with family responsibilities are applied and to supply copies of relevant court or tribunal decisions that may have involved questions relating to the application of the Convention.

13. Part V of the report form. Practical application. The Committee notes the various practical initiatives mentioned in the Government’s report aimed at facilitating the integration of workers with family responsibilities into the labour market and assisting them to harmonize their work and family life. These include, among others, the European Community Initiative EQUAL and Measure 2.2. on "Removing obstacles to the equality of men and women in the labour market, with emphasis on the harmonization of working and family life" under the Sector Operational Programme - Human Resources, and the preparation of a concept note by the MLSAF in 2004 to propose measures in support of harmonizing working and family life and the creation of a helpful environment for parents in the labour market. The Committee requests the Government to provide additional information in its next report on the practical follow-up of the abovementioned initiatives and the results achieved.