Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1(b) of the Convention. The Committee recalls its previous observation in which it noted that section 119a(2) of the Labour Code, as amended in 2007 by Act No. 348/2007 Coll., defines work of equal value as being work of the same or comparable complexity, responsibility and difficulty, carried out under the same or comparable working conditions and producing the same or comparable capacity and results of work for the same employer. The Committee notes further that section 119a(3) provides that if a system of job evaluation is used, it must be based on the same criteria for men and women and without sex discrimination. The Committee notes the Government’s indication that objective job evaluation, when implemented by the employer, allows a comparison of different jobs using objective criteria, which calls for a wage adjustment once the different jobs have been evaluated as having comparable value. The Committee also notes the Government’s indication that no information on disputes and court rulings on the application of section 119a of the Labour Code is available. The Committee notes that while the Labour Code permits objective job evaluation with a view to comparing different jobs, section 119a does not appear to give a right to equal remuneration for men and women for work of equal value, going beyond the same or comparable work. The Committee recalls that the principle of the Convention requires equal remuneration for jobs which are of an entirely different nature, including those with different complexity, responsibility and difficulty, and carried out under entirely different conditions, and producing different results, but which are nevertheless of equal value. The Committee therefore asks the Government to provide information on how it is being ensured that workers have the right to claim equal remuneration for work of equal value, for jobs of an entirely different nature. Please also provide information on the practical application of section 119a of the Labour Code, including any judicial or administrative decisions and the outcome thereof. The Committee also requests information on any measures taken to promote objective job evaluation pursuant to section 119a, and to ensure that the process is free from gender bias.

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