Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Equal Remuneration Convention, 1951 (No. 100) - Slovakia (Ratification: 1993)

The Committee notes the Government’s report and the attached documentation, including statistical data.

1. The Committee notes the Government’s indication that in order to harmonize the legislation with Directive No. 75/117/EEC of the Council of the European Union on Approximation of the Member States Laws on Application of the Principle of Equal Remuneration for Men and Women, the Bill of the new Labour Code provides that the wage conditions must be equal for men and women without discrimination based on sex. The Committee also notes that in order to harmonize the Labour Code with Directive No. 97/80/EC concerning the Burden of Proof in Cases of Discrimination based on Sex, the Labour Code Bill provides that the burden of proof rests with the employer. The Committee asks the Government to supply with its next report the exact wording of these provisions and hopes that the draft Labour Code will incorporate the requirement of equal remuneration for work of equal value in accordance with the Convention. It also hopes that the Labour Code will not contain the criterion of the "social significance of the job" in the determination of the remuneration of workers. Moreover, please provide a copy of the new Labour Code once adopted.

2. Noting that the Public Service Bill provides that the right and possibility to become a public service employee shall be secured under equal conditions for a natural person without any restrictions or discrimination based on certain grounds, including sex, the Committee invites the Government to consider specifically including in the text of the new Act the principle of equal remuneration for work of equal value between men and women.

3. The Committee notes that the Government reiterates its indication that wage compensation and other payments are not wages or salary and that in the budgetary sphere, where the majority of employees are remunerated in accordance with the Salary Act and relevant implementary regulations, a possible occurrence of unequal earnings for equal work cannot be excluded in regard to floating components of the salary. The Committee once again draws the attention of the Government to the fact that, in the meaning of the Convention, in addition to the basic or minimum wage or salary any additional emoluments whatsoever, payable directly or indirectly, in cash or in kind, are included in the definition of the term "remuneration". In this connection, it notes with concern that the high-level collective labour agreement signed in the leather and footwear industry for the years 1998-2001 provides at article 13 that: "Remuneration granted under the terms of specific statutory regulations, depending on the work shall not be considered remuneration." The Committee asks the Government to supply information on the measures taken or envisaged to ensure, including in collective agreements, that the definition of emoluments other than wages provided in statutory regulations covers the concept of remuneration as it appears in the Convention, and to supply a copy of these special regulations.

4. The Committee notes from the 1998 Concluding Observations of the UN Committee on the Elimination of Discrimination against Women that in March 1996 a Coordination Committee for the Problems of Women was established. It also notes that in 1997 a National Action Plan for Women in application of the Beijing Platform of Action was formulated. The Committee would be grateful if the Government would provide information on the activities carried out by the abovementioned Committee and their impact, as well as on the measures taken or envisaged in implementation of the National Action Plan for Women, which are aimed at improving the labour market situation of women and, more specifically, at promoting equal remuneration between male and female workers for work of equal value. Please also supply information on any other relevant policy.

5. The Committee notes that Slovakia has a high employment rate for women. According to the sample survey of the labour force of the Statistical Office of the Slovak Republic, in 1999 women constituted 45 per cent of the economically active population. However, as indicated in the report submitted by the Government in 1998 under the UN Convention on the Elimination of All Forms of Discrimination against Women, women experience inequality in employment, including with regard to reduced hiring opportunities and unequal pay for work of equal value. Moreover, as observed by the UN Committee on the Elimination of Discrimination against Women, the labour market is highly segregated and this is accompanied by low pay for women. According to the statistics provided by the Government with its report, in 1998 women were concentrated in the education, health and public administration sectors. Moreover, according to the study "Gender statistics in Slovakia" done under the auspices of the Slovak Ministry of Labour, in 1997 the average monthly earnings of women were 21.5 per cent less than men’s. According to this study earnings differences are mainly caused by differing employment classifications, with a higher number of women working in administrative functions and a lower number of women in higher and leading positions. The statistics provided by the Government also show that in 1998 the number of women among legislators, managers and executives was approximately half that of men. The study further indicates that to a certain level an unfair pay practice in the earnings paid to men and women is still enduring in some organizations. In regard to the earnings gap, the Committee also notes the Government’s observation that the actual amount of earnings depends on various social factors and therefore equality or inequality is determined mainly by the economic prosperity of the organization-employer, the relationship between the employer and the trade union organization, the situation in the region in respect to the number of unemployed persons, but also by the occupational orientation of employees. The Committee notes these indications.

6. The Committee recalls once again that if the State cannot intervene directly in the determination of wage rates, it must promote the application to all workers of the principle of equal remuneration for men and women for work of equal value and cooperate with the social partners for the purpose of giving effect to the provisions of the Convention (see paragraph 29 of the 1986 General Survey on equal remuneration).

7. The Committee invites the Government to provide information on any measures taken or envisaged to guarantee the application of the principle of equal pay for work of equal value in the context of the wage-fixing machinery in both the private and public sectors. In this regard, it asks the Government to provide, as soon as adopted, the Governmental Regulation which will establish minimum wage scales. Moreover, noting Ordinance No. 43 of 1992 for setting the minimum salary and bonus rates for working in complicated and hazardous environment and for night shifts, the Committee requests a copy of its appendix determining the characteristics on the basis of which salary ranks are determined as well as of Ordinance No. 2/1998 modifying it. Furthermore, it invites the Government to continue providing legislation concerning wages and other emoluments. Finally, in light of all the preceding observations and data on the employment situation of women, the Committee asks the Government to provide information on any measures taken or envisaged to reduce sex segregation, both vertical and horizontal, in the labour market and to promote sexually neutral job appraisals, both of which are preconditions for the reduction of the wage gap between men and women.

8. The Committee notes the two collective agreements provided with the report and invites the Government to continue providing copies of collective agreements, particularly covering sectors where the participation of female workers is significant.