Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Slovenia (Ratification: 1992)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the information provided by the Government in its report and the comments submitted by the International Confederation of Free Trade Unions (ICFTU) on 14 May 2002 concerning the application of Convention No. 100 and this Convention with respect to women and the Roma.

1. The Committee notes the ICFTU comments on the gap between male and female wages across the economy, mostly because senior positions and positions with high remuneration tend to be filled by men. The Committee also notes the Government’s information on the measures taken in the framework of the Employment Policy Programme implemented by the Employment Service of Slovenia (EES). It notes that they succeeded in lower the unemployment rate to 12.2 per cent in 2000 and that 50.7 per cent of the registered unemployed persons are women. However, it notes that neither women nor national minorities are on the list of the target groups of the Employment Policy Programme and that data on the gender structure of participation in the employment and training programmes have not been collected. Further, the Committee notes the data provided in the Statistical Yearbook 2000 of the Republic of Slovenia, in particular table 13.6 on the average monthly gross earnings by level of professional skill by activity and by sex. It notes that men’s average gross earnings are higher than women in all sectors of activity, and that in most sectors of activities, the lower the level of education, the higher the difference in earnings between men and women. In particular, the Committee notes sharp differences in the sectors of public administration, education and health and social work, which traditionally employ a large proportion of women. It also notes that the Government acknowledges that de facto equality between women and men cannot be achieved merely by means of legislation, but that it also requires affirmative action. Therefore, the Committee asks the Government to supply information on any measures envisaged or undertaken to enhance equality of opportunity and treatment of specific disadvantaged groups, namely women and national minorities. In particular, it asks the Government to indicate the positive measures undertaken to improve women’s opportunities through technical training and vocational guidance, and their equal treatment in access to jobs and in their terms and conditions of employment. It further asks the Government to continue to supply statistical data on employment and remuneration disaggregated by sectors of activity, by sex and if possible, by level of responsibility.

2. The Committee notes the ICFTU’s indication that women continue to be under-represented in political decision-making posts. In this regard, it notes the information in the Government’s report on the recently increased presence of women in political life. It notes that in the 2000 election 12 women were elected deputies (13.3 per cent), in comparison with the 1996 election when only seven women were elected. It also notes that three women became ministers (20 per cent). Further, it notes the efforts of the Office for Equal Opportunities (former Women’s Policy Office) that implemented a twofold strategy: at the regional level, it set up a network of coordinators that encouraged women to participate in politics and run as candidates; at the national level, it developed a network of experts, representatives of women’s groups and political parties to develop new approaches for increasing women’s participation in decision-making positions. The Committee hopes the Government will continue to promote women’s participation in decision-making posts since, despite such progress, women’s participation is still low.

3. The Committee notes the ICFTU’s statement that Roma suffer disproportionately higher unemployment than other groups, and in many areas are essentially absent from the formal labour force. The Committee notes the Government’s efforts to address the participation of Roma in employment and occupation by the "public works programmes" undertaken by two municipalities together with the Employment Service of Slovenia, aiming at training Roma as construction workers for public works. The Government indicates that these programmes were successful in creating better living conditions for Roma families, providing Roma with training and employment opportunities and contributing to their socialization. It also notes a second form of public programmes in primary schools. Nevertheless, the Committee notes the Government’s data that show that almost two-thirds of the Roma live on social security benefits, 13 per cent have full-time work, and the rest live on casual or seasonal work. Therefore, the Committee asks the Government to supply information on whether it plans to extend the "public works programmes" to other municipalities or other sectors of activity and on any other positive measures contemplated or taken to target specifically the Roma and correct this de facto inequality of opportunity and treatment. Please also supply information on any measure undertaken to improve the level of educational attainment among Roma children to enable them to prepare better for entry into employment.

4. The Committee notes the adoption of the Labour Relations Act of 24 April 2002, which prohibits discrimination on all the grounds set forth in the Convention, as well as on the basis of age, health condition and special needs, membership of a trade union, social background, civil or financial status, sexual orientation or any other personal circumstances. It also notes with interest that it specifically prohibits indirect discrimination that "may be assumed if the effect of apparently neutral provisions, criteria and practice, is such that they are disadvantageous to persons of certain sex, race, age, medical condition or disability, religious or other conviction, sexual orientation or national origin, unless such provisions, criteria and practice are objectively justified appropriate and necessary". Further, the Act shifts the burden of proof in sex discrimination cases, expressly bans discrimination in job advertisements, provides for the principle of equal remuneration for men and women and the employer’s responsibility for providing a working environment free from "undesired treatment of sexual nature, including undesired physical, verbal or non-verbal treatment or other sexually based behaviour". Nothing that the Act will enter into force on 1 January 2003, the Committee asks the Government to provide information on the implementation of the Act in its next report.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.