Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 1 of the Convention. Prohibited grounds of discrimination. The Committee notes that section 6 of the Employment Relations Act, which sets out the principle of equal treatment, was amended in 2007. In this regard, the Committee welcomes that a new subsection 4 provides that less favourable treatment of workers in connection with pregnancy or parental leave is deemed to be discrimination. While noting that section 6(1) continues to contain an open list of prohibited grounds, the Committee notes that the ground of “religious, political and other conviction” has been replaced by “faith or conviction”. Recalling that that the definition of discrimination set out in Article 1(1)(a) of the Convention covers discrimination based on political opinion, the Committee requests the Government to elaborate on the reasons for repealing the specific reference to political conviction in section 6 and to indicate how protection from discrimination based on political opinion is ensured in law and in practice.

Sexual harassment. The Committee notes that sections 6(a) and 45 of the Employment Relations Act, as amended in 2007, provide protection from sexual harassment (quid pro quo and hostile work environment), other harassment and mobbing in the workplace. The Committee also notes from the Government’s report that the new Penal Code, 2008, provides in section 197 that anyone in the workplace or in connection with work who, through sexual harassment, mental violence, suffering or unequal treatment causes another employee to be humiliated or intimidated shall be punished by a prison sentence of up to two years. The Committee welcomes that a number of measures have been taken to promote awareness of sexual harassment, to support employers in preventing it, and to focus the labour inspectorate’s attention on this issue. The Committee requests the Government to continue to provide information on the measures taken to address sexual harassment in the workplace, including the activities of the Office for Equal Opportunities and any cooperation with employers’ and workers’ organizations in this regard. Please also provide information on the number of cases dealt with by the competent authorities under sections 6(a) and 45 of the Employment Relations Act and section 197 of the Penal Code, including information on the outcome of such proceedings.

Equality of opportunity and treatment of women and men. The Committee notes that the Ministry of Education and Sport issued a publication highlighting areas of education and schooling where girls or boys are under-represented and that a project was launched to develop indicators for monitoring equal opportunities for girls and boys in education. The Committee also notes that there has been a continued focus on integrating long-term unemployed women in the labour market and on promoting women’s self-employment. With regard to the implementation of the Decree on criteria for respecting balanced representation of women and men in the composition of state-controlled bodies, the Committee notes that the required threshold of 40 per cent has not yet been reached as regards government representatives in agencies and funds. The Committee requests the Government to continue to provide detailed information on the measures taken to promote gender equality in the labour market, including information on the progress made in eliminating horizontal and vertical segregation based on gender. In this regard, please provide statistical information on the situation of women in the labour market, including their participation in the different areas of economic activities and in decision-making positions. The Committee also requests the Government to provide information on the activities of the Advocate for Equal Opportunities for Women and Men.

Equality of opportunity and treatment of the Roma. The Committee notes with interest that the Roma Community Act was adopted on 30 March 2007. The Act defines special rights of the Roma community, providing, inter alia, that the Republic of Slovenia shall create the conditions for the inclusion of members of the Roma community in the education system and the labour market. Under the Act, the Government is to adopt a programme of measures for the coordinated realization of the special rights of the Roma community, in cooperation with local communities and the Council of the Roma Community of Slovenia. The Committee also notes the detailed information provided by the Government regarding the various measures taken to address the situation of the Roma in education and employment. The Committee requests the Government to provide information on the adoption and the content of the programme of measures envisaged under the Roma Community Act, as well as the progress made in the implementation of those measures addressing education and employment. In this regard, the Committee requests the Government to provide statistical information on the participation of Roma men and women in education and the labour market.

Equality of opportunity and treatment of workers with disabilities. The Committee notes the information provided regarding the implementation of the Vocational Rehabilitation and Employment of Disabled Persons Act. In November 2006, the Government adopted the Disability Action Plan 2007–13. Among the Plan’s objectives are ensuring an inclusive education system on the basis of equal opportunities, and access of persons with disabilities to work and employment without discrimination in a working environment that is open, inclusive and accessible. In 2007, 27 per cent more persons were included in vocational rehabilitation programmes than in 2006, while 1,746 unemployed persons with disabilities gained employment which was 10 per cent less than in 2006. The Committee requests the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment in employment of persons with disabilities and the results achieved.

Enforcement. The Committee notes that the number of complaints made to the labour inspectors regarding discrimination in the workplace remained very low between 1 January 2006 and 31 May 2008. The Government indicates that in most cases the complaints submitted were deficient, not allowing the inspectorate to establish the circumstances which allegedly constituted discrimination. Noting that the second Periodic Plan for Implementing the National Programme for Equal Opportunities for Women and Men 2008–09 envisages increased supervision of the equal treatment legislation through the labour inspectorate, the Committee requests the Government to provide specific information on the measures taken to achieve this objective, as well on their results. The Committee also requests the Government to provide detailed information on the number, nature and outcome of discrimination cases dealt with by the courts, and the Advocate of the Principle of Equality and the Advocate for Equal opportunities for Men and Women. Finally, the Committee requests the Government to elaborate on the measures taken to assist persons seeking to file discrimination complaints.