Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. Article 1(a) of the Convention. Application of the principle to all components of remuneration. The Committee recalls its previous comments in which it noted that section 118(2) of the Labour Code excludes from the definition of wages certain payments "provided in relation to employment pursuant to other provisions of the Act, or special regulations", and that revenues from capital shares or bonds or payments made by the employer from profits after taxation would not appear to be considered remuneration. The Committee notes the Government’s explanations that the definition of "wage" is used only for legal purposes and that for the purposes of correctly ascertaining the average earnings of an employee, the legal system differentiates between payments arising out of the employment relationship that are directly dependent on the work performed and those that are not, such as travelling expenses and revenues from capital shares and bonds. The Government further indicates that "special regulations" are governing payments that the employer is obliged or entitled to provide to employees, for example, the compensation for income in the case of temporary inability to work (Act No. 462/2003) or sickness benefits (Act No. 461/2003). Following these explanations, the Committee is of the view that the abovementioned emoluments do appear to fall within the notion of remuneration as outlined in Article 1(a) of the Convention, which covers both direct and indirect elements of remuneration arising out of an employment relationship. The Committee asks the Government to continue to provide information on the measures taken or envisaged to ensure that payments made under the "special regulations" referred to in section 118(2) of the Labour Code as well as any other indirect emoluments paid to the worker are made in a manner consistent with the Convention, including any relevant administrative or judicial decisions.

2. Article 2. Wages set by individual agreements. Further to its observation, the Committee notes from the communication by the Confederation of Trade Unions of the Slovak Republic (KOZ SR) that problems with respect to the application of the principle of equal remuneration for men and women for work of equal value could arise with respect to those parts of the wage that are set by individual agreements. Moreover, the Committee notes from the report of the National Labour Inspectorate (NLI) on controls carried out in 2002 and 2003 that most of the wage differences detected by the NLI concerned flexible components of the wage, which are often determined on the basis of the personal feelings of the evaluating manager. The Committee asks the Government to indicate the specific measures taken or envisaged to promote the application of the principle through individual agreements, especially with respect to flexible components of the wage. Please also provide information on the number of wage claims submitted to the courts regarding the non-observance of the non-discrimination provisions in the Labour Code or the Anti-Discrimination Act of 2004 with respect to pay inequalities between men and women.

3. Minimum wages. The Committee notes the Government’s explanations regarding the application of Act No. 90/1996 on minimum wages and section 120 of the Labour Code (minimum wage claims). It also notes the Government’s statement that, following the adoption of the Anti-Discrimination Act (Act No. 365/2004) and its prohibition of discrimination based on sex, the principle of equal remuneration for men and women for work of equal value is ensured with respect to minimum wages. Furthermore, the Government indicates that, where an employer does not fulfil the obligation to pay the minimum wage claim, the employee has the opportunity to request a control by the NLI or to ask the employer to apply these claims through court decision. The Committee asks the Government to indicate in its next report whether any controls have been carried out by the NLI or whether any judicial decisions have been issued dealing with minimum wage claims and involving equal remuneration for men and women for work of equal value. It also reiterates its request to the Government to indicate the number of men and women remunerated according to the various levels of minimum wage claims.

4. National Action Plan for Women. The Committee notes that the Coordinating Committee for the Problems of Women (CCPW), an expert advisory body to the Ministry of Labour, Social Affairs and the Family, ceased operating in 2002. It notes that responsibility for the National Action Plan for Women (NAP) is now vested in the Department of Equal Opportunities and Anti-Discrimination, which has to continue monitoring and analysing the earnings of men and women to eliminate causes of different income for work of equal value. The Committee notes that the evaluation of the NAP was submitted to the Government on 7 July 2004 and that a final assessment report will be submitted in 2005. The Committee asks the Government to provide information with its next report on the conclusions adopted on the basis of the evaluation carried out in 2004 and to provide a copy of the report to be submitted in 2005.

5. Enforcement. Labour inspection. The Committee notes that, in 2002 and 2003, the NLI carried out extraordinary inspections (Task No. 111/02 and Task No. 105/03) in all regions to identify any breach of the principle of the Convention. It notes that only very few cases of wage discrimination were detected and that the NLI report on control results ascribes this to the fact that the legislative environment does not provide the labour inspectorate with sufficient room for detecting and proving instances of discrimination in remuneration. Further, according to the NLI report, the control activity of the labour inspectorate appears to lack efficiency and labour inspectors lack practical experience and information on equal remuneration principles in order to carry out controls. The Committee asks the Government to continue to provide information on inspections carried out by the NLI to identify any breach of the principle of the Convention. Please also indicate the measures taken or envisaged to overcome these obstacles and to strengthen the capacity of the labour inspectorate to supervise and promote compliance with the laws and regulations concerning equal remuneration for men and women for work of equal value.

6. The Committee notes that, following the adoption of the Anti-Discrimination Act, the National Centre for Human Rights shall monitor and review compliance with the principle of equal treatment under the Act, and prepare expert opinions upon the request of natural persons or legal entities or on its own initiative. Please provide information on the specific monitoring activities of the National Centre for Human Rights with respect to compliance with the principle of equal remuneration for work of equal value.