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

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

1. Labour inspection. The Committee notes the information provided in the Government’s report concerning the low number of discrimination violations under the Employment Relations Act that the Labour Inspectorate recorded in 2003 and 2004. Where violations were found, the matter was put before the court; however, it appears that no court decisions have yet been rendered. The Government attributes the low level of violations found to the nature of such violations, since they can only be established where workers report them. The Government states that "in practice, even after a report has been made, it is not easy to detect and prove such violations." As the labour inspectors play a key role in preventing and redressing discriminatory practices, proper training of labour inspectors in matters concerning discrimination and the promotion of equality is essential. The Committee hopes that the Government will take measures to improve the capacity of labour inspectors to prevent, detect and redress discriminatory practices, including strengthening the participation of workers’ representatives in the process of inspection, and requests that information in this regard be included in its next report. The Committee, noting the low level of reported violations, and the Government’s statement that violations of discrimination are difficult to prove, suggests further that the Government promotes awareness-raising in this area, so that workers are familiar with their rights under the law, including issues of proof. The Committee would also welcome receiving any court decisions regarding allegations of discrimination under the Employment Relations Act, the Act Implementing the Principle of Equal Treatment, and the Act on Equal Opportunities for Men and Women.

2. Inherent requirements of the job. The Committee notes that the provisions of the Act Implementing the Principle of Equal Treatment, 2004, do not prohibit "objectively and reasonably justified differentiated treatment or restrictions on the grounds of specific personal circumstances, determined by special laws aimed to achieve a legitimate purpose." (section 2(1)). It notes further that under section 4(3), indirect discrimination does not include a provision, criterion or practice that is "objectively justified by a legitimate aim and the means of achieving the aim are appropriate and necessary." The Committee recalls that the exception permitted under Article 1(2) of the Convention must be based on the inherent requirements of a particular job. This exception must be interpreted strictly in order to avoid undue limitation of the protection provided under the Convention. The Committee hopes that the exceptions permitted in the acts will be applied in accordance with the Convention, and limited to matters related to the inherent requirements of the job. It invites the Government to provide information on the practical application of these provisions.

3. Representation of women in decision-making positions. The Committee notes the Government’s statement and supporting statistics to the effect that women are still significantly under-represented in decision-making positions, and that the situation has not improved in recent years. The Government acknowledges that it will be necessary to introduce positive measures under the Act on Equal Opportunities for Women and Men, and states that a Decree on criteria for respecting balanced gender representation has been adopted. The Committee, therefore, requests the Government to provide the text of the Decree, to indicate any other special measures proposed or introduced under section 7 of the Act on Equal Opportunities for Women and Men, and the results of any such measures.