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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. The Committee notes the information provided by the Government, in its report, in reply to the Committee’s previous comment. It notes that the gross hourly gender pay gap has significantly increased from 18.03 per cent in 2016 to 19.4 per cent in 2018. The Government also indicates that the gross monthly gender pay gap was 20.2 per cent in 2019. The Committee notes that the Government declares, without however providing specific information, that it significantly increased wages in the public sphere in order to reduce the gender pay gap. It notes that the Government is working on the introduction of regional allowances for teachers in regions with higher living costs, and that it will consider a similar measure in the field of health and social services, as targeted wage increases in sectors where the majority of the workforce is made up of women would directly contribute to reducing the overall wage gap between men and women. The Government also indicates that labour inspectors provide advice to employers and employees on how to comply with regulations most effectively in the areas of equal treatment and equal pay. To further raise public awareness of the principle of equal pay, the Government indicates that it organizes every year an "Equal Pay Day”. The Committee notes the Government’s declaration that, despite their very good educational level, women do not achieve comparable earnings to men because they chose to work in lower-paying jobs. The Committee requests the Government to pursue its efforts to address the gender pay gap by taking proactive measures, in particular in the private sector, with a view to identifying and addressing its underlying causes, such as vertical and horizontal occupational gender segregation and gender stereotypes. In particular, it requests the Government to take measures to promote women’s access to vocational training, guidance and counselling to engage in jobs with career prospects and higher pay. The Committee asks the Government to

• (i)provide information with regard to the above two requests; and
• (ii)continue to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Article 2(2)(b). Minimum wage. The Committee notes that the Government does not provide new information with regard to is previous comment on this point and merely reiterates its statement that measures aimed at reducing wage differentials between men and women include the continuous increase of the minimum wage, as more women than men work in lower paid sectors. Having noted that no agreement had been reached between the social partners on the increase of the minimum wage for 2019 and that some workers, including women, were paid less than the minimum wage, the Committee requests the Government to provide:

• (i)information on the measures taken to effectively ensure that workers are not paid less than the statutory minimum wage in practice;
• (ii)detailed information on any increase in the minimum wage implemented; and
• (iii)statistical information on the percentage of women and men who are paid the statutory minimum wage.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes that the Government does not provide information with regard to its previous requests and wishes to recall the important role that collective agreements can play in the application of the principle of equal remuneration for men and women for work of equal value both in the private and the public sectors. The Committee once again asks the Government to provide information on any measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration between men and women for work of equal value through collective agreements, including higher-level collective agreements. It asks the Government to provide summaries of any clauses on wages determination and equal remuneration included in collective agreements, including higher-level collective agreements.

Article 3. Objective job evaluation. The Committee notes that the Government does not reply to its previous comment on this point and therefore again asks the Government to provide information on the impact of the catalogues of occupational activities on wages in the public sector, in particular in terms of wage adjustments, if any. The Committee also once again asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Enforcement. The Committee notes the Government’s indication that the labour inspectorate is tasked, under the Action Plan of Gender Equality (2014-2019), with monitoring compliance with the principle of equal pay. The Government further indicates that, in 2018-2019, 12 labour inspectors successfully completed the highest level of professional examination on “discrimination and gender equality”, bringing the number of labour inspectors specialized in this field from 6 to 18. In 2019, the labour inspectorate found a total of 25 violations of the provisions of Section 119a of the Labour Code. The Committee notes that in 2019, the Ministry of Justice recorded 12 proceedings, out of which 1 was successful, 1 partially successful, 1 was withdrawn by the complainant and 9 were rejected. In 2020 there were 10 recorded cases, all of which were rejected. The Government indicates that the majority of rejected cases included cases filed by judges in the previous decade concerning salary differences between judges of general courts and judges of the former Special Court which no longer exist. The Committee once again recalls that a low number of cases or complaints lodged may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see the 2012 General Survey on the fundamental Conventions, paragraphs 870 and 886). The Committee asks the Government to take appropriate steps to raise awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention and enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, and to provide information on any activities undertaken in this regard. It again asks the Government to provide information on any specific methodology developed to assist labour inspectors addressing the issue of equal pay for work of equal value, as well as to continue to take steps to ensure that systematic monitoring of equal remuneration provisions is carried out by labour inspectors. The Committee asks the Government to continue to provide detailed information on the number, nature and outcomes of any cases or complaints concerning pay inequality dealt with by labour inspectors, the Ombudsman or the courts, as well as on any sanctions imposed and remedies granted.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(b) and 2(2)(a) of the Convention. Work of equal value. Legislation. For more than a decade, the Committee has been drawing the Government’s attention to the fact that section 119a(2) of the Labour Code does not give full expression to the concept of work of equal value. The Committee notes that the Government, in its report, considers its legislation to be in line with the principle of the Convention and further states that the Labour Code cannot be a comprehensive tool for resolving different wages for different employers and in different sectors. The Committee notes with regret that the legislation continues to be narrower than the principle of the Convention and refers the Government to its 2012 General Survey on the fundamental Conventions, paragraphs 676–679 and 697–698. The Committee urges the Government to take the necessary steps to amend the definition of “work of equal value” provided for in section 119a(2) of the Labour Code, in order to give full legislative expression to the principle of the Convention. In doing so, the Committee requests the Government to ensure that, when determining whether two jobs are of equal value, the overall value of the jobs is considered and that the definition allows for jobs of an entirely different nature to be compared free from gender bias and that the comparison goes beyond the same employer. Noting the absence of information provided in this regard, the Committee again asks the Government to provide information on the application in practice of section 119a(2) of the Labour Code, including by providing concrete examples of the manner in which the term “work of equal value” has been interpreted in administrative or judicial decisions.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. Referring to its previous comments on the narrowing of the gender pay gap observed in 2013, the Committee notes, from the statistical information provided by the Government, in its report, that the hourly gender pay gap slightly increased from 17.9 per cent in 2013 to 18.03 per cent in 2016. More particularly, it notes that the gender pay gap decreased in the public sector (from 11 per cent in 2013 to 8.9 per cent in 2016) but increased in the private sector (from 19.2 per cent in 2013 to 19.5 per cent 2016). The Committee further notes, from the statistics of Eurostat, that the unadjusted gender pay gap increased significantly from 19.0 per cent in 2016 to 19.8 per cent in 2017. The Committee takes note of the new Strategy for Gender Equality (2014–19) and its Action Plan which set as a specific target the overcoming of wage differentials. It further notes the Government’s indication that several measures were implemented to address the gender wage gap, such as: (i) an information campaign about lower wages of women; (ii) the continuous increase of the minimum wage, as more women than men work in lower paid sectors; and (iii) measures aimed at ensuring better reconciliation between work and family life, including in the framework of the Action Plan on Gender Equality and the Project “Family and Work”. The Committee refers in that regard to its 2018 observation under the Workers with Family Responsibilities Convention, 1981 (No. 156), where it highlights the persistent unbalanced share of family responsibilities between men and women. In addition, it notes that, in its 2019 concluding observations, the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) regretted the persistence of many barriers to women’s full and equal participation in the workforce including unequal distribution of domestic and care responsibilities preventing labour market participation, and was concerned about horizontal segregation, wage discrimination, and the absence of fair and transparent promotion practices that disproportionately disadvantage women (E/C.12/SVK/CO/3, 18 October 2019, paragraph 22). It further notes that, in April 2019, the United Nations Human Rights Council, in the context of the Universal Periodic Review (UPR), recommended that the Government strengthen its efforts to: (i) reduce the gender pay gap; (ii) eliminate horizontal and vertical imbalances between women and men in the labour market; (iii) raise awareness about discriminatory gender stereotypes; and (iv) ensure the effective implementation of the National Strategy for Gender Equality 2014–19, including through adequate funding (A/HRC/41/13, 16 April 2019, paragraph 121). The Committee asks the Government to provide information on the proactive measures taken, including in the framework of the Action Plan on Gender Equality (2014–19), to address specifically the gender pay gap, in particular in the private sector, by identifying and addressing its underlying causes, such as vertical and horizontal occupational gender segregation and gender stereotypes, and by promoting women’s access to vocational training, guidance and counselling to engage in jobs with career prospects and higher pay. It asks the Government to provide information on any measures taken, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the Convention. The Committee asks the Government to continue to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Article 2(2)(b). Minimum wage. Recalling the adoption of Act No. 663/2007 minimum wages, which repealed the previous Act No. 90 of 1996, the Committee notes the Government’s statement that measures aimed at reducing wage differentials between men and women include the continuous increase of the minimum wage, as more women than men work in lower paid sectors. It observes that while the minimum wage was increased to €520 in 2018, no agreement has been reached between the social partners on the increase in the minimum wage for 2019. The Committee further notes that, in its 2019 concluding observations, the CESCR was concerned that there are workers that are paid less than the minimum wage, including women (E/C.12/SVK/CO/3, 18 October 2019, paragraph 24). In light of the persistent gender pay gap and gender segregation of the labour market with women being mostly concentrated in lower paid sectors, the Committee asks the Government to provide information on the measures taken to effectively ensure that workers are not paid less than the statutory minimum wage in practice. It asks the Government to continue to provide information on any increase in the minimum wage implemented. The Committee further asks the Government to provide statistical information on the percentage of women and men who are paid the statutory minimum wage.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. Referring to its previous comments where it noted that the Higher-Level Collective Agreement for the Public Sector was concluded in 2014, the Committee notes the Government’s statement that the agreement does not contain any provision on equal remuneration for women and men. Recalling the important role that collective agreements can play in the application of the principle of equal remuneration for men and women for work of equal value both in the private and the public sectors, the Committee again asks the Government to provide information on any measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration between men and women for work of equal value through collective agreements, including higher-level collective agreements. It asks the Government to provide summaries of any clauses on wages determination and equal remuneration included in collective agreements, including higher-level collective agreements.

Article 3. Objective job evaluation. The Committee previously noted that catalogues of occupational activities in the public sector had been established, setting a baseline for differential treatment according to the following criteria: demands of vocational preparation and experience, complexity and responsibility, as well as physical and mental demands of particular occupational activities. It notes the Government’s statement that such catalogues were established as a result of analytical methods based on objective criteria, free from gender bias. The Government adds that the evaluation was carried out by the Expert Commission for Evaluation of Occupational Activities, composed by representatives from the Government, the social partners, as well as university and science and research institutions. The Committee asks the Government to provide information concerning the results of the evaluation of the catalogues of occupational activities newly established and their impact on wages in the public sector, in particular in terms of wage adjustments, if any. In light of the increasing gender pay gap in the private sector, the Committee again asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Enforcement. The Committee notes the Government’s statement that the number of complaints concerning equal remuneration submitted to the labour inspectorate decreased from 38 in 2015 to 19 in 2016, and observes that none of the cases dealt with gender-based pay discrimination as they all refer to employees who were of the same sex. The Committee recalls that a low number of cases or complaints lodged may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraphs 870 and 886). The Committee asks the Government to take appropriate steps to raise awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention and enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, and to provide information on any activities undertaken in this regard. It again asks the Government to provide information on the specific methodology that was being developed to assist labour inspectors to address the equal pay for work of equal value issue, as well as to continue to take steps to ensure that systematic monitoring of equal remuneration provisions is carried out by labour inspectors. The Committee asks the Government to provide detailed information on the number, nature and outcomes of any cases or complaints concerning pay inequality dealt with by labour inspectors, the Ombudsman or the courts, as well as on any sanctions imposed and remedies granted.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Legislation. Work of equal value. For more than a decade, the Committee has been drawing the Government’s attention to the fact that section 119a(2) of the Labour Code, as amended in 2007 by Act No. 348/2007 Coll., which 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 output for the same employer”, is narrower than the principle of the Convention and limits the scope of comparison to jobs performed for the same employer. While it notes that the legislation refers to various objective factors in the evaluation of jobs, the Committee would like to highlight nonetheless that when examining two jobs, the value does not have to be the same or even comparable with respect to each of the factors considered. Determining whether two different jobs are of equal value consists of determining the overall value of the jobs when all the factors are taken into account. The principle of the Convention requires equal remuneration for work which is of an entirely different nature, including work with different levels of complexity, responsibility and difficulty, and which is carried out under entirely different conditions and produces different results, but which is nevertheless of equal value. In addition, the Committee wishes to underline that the application of the principle of the Convention should not be limited to comparisons between men and women in the same establishment, enterprise or sector but allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers or sectors. Where women are heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level may be insufficient (see 2012 General Survey on the fundamental Conventions, paragraphs 676–679 and 697–698). Given the persistence of occupational gender segregation in the country, noted by the Committee in its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee asks the Government to take the necessary steps to amend the definition of “work of equal value” provided for in section 119a(2) of the Labour Code, in order to give full legislative expression to the principle of the Convention. In doing so, the Committee requests the Government to ensure that, when determining whether two jobs are of equal value, the overall value of the jobs is considered and that the definition allows for jobs of an entirely different nature to be compared free from gender bias and that the comparison goes beyond the same employer. It asks the Government to provide information on any progress made in that regard, as well as on the application in practice of section 119a(2) of the Labour Code, including by providing concrete examples on the manner in which the term “work of equal value” has been interpreted in administrative or judicial decisions.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Measures to address the gender wage gap and promote equal remuneration. The Committee welcomes the Government’s indication that in 2013, the hourly gender wage gap decreased to 17.9 per cent (21.5 per cent in 2012) and was 19.2 per cent in the private sector and 11 per cent in the public sector. The Committee also welcomes the following measures taken to reduce the gender wage gap: the promotion of the principle of equal remuneration among employers, the exchange of best practices across the European Union and the involvement of the social partners, the introduction of gender audits in the workplace and gender training and certification audits, and the design of a labour inspection methodology to enable labour inspectors to monitor compliance with the principle of equal remuneration. The Committee notes from the Government’s report that a large information and mass-media campaign addressing wage gaps between men and women and lower salaries of women in general, took place in 2014. The Committee asks the Government to continue to provide statistical information, disaggregated by sex, concerning wage differentials in different economic sectors (public and private) and information on the results achieved by the measures taken to reduce the gender pay gap. The Government is also asked to provide information on the gender and certification audits, including on their results as they relate to reducing wage differentials.

Collective agreements. The Committee notes from the Government’s report that the Higher-Level Collective Agreement for the Public Sector was concluded for 2014. The Committee once again asks the Government to provide summaries of the provisions of the higher-degree collective agreement in the public sector, and any other collective agreement, that are relevant to wages determination and equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. Public sector. In its previous comments, the Committee noted that catalogues of occupational activities in the public sector had been established, setting a baseline for differential treatment according to the following criteria: demands of vocational preparation and experience, complexity and responsibility, as well as physical and mental demands of particular occupational activities. The Committee asks the Government to provide information on the manner in which these occupational catalogues have been established and how it is ensured that that jobs predominantly held by women are not undervalued in comparison with jobs that are predominantly held by men. The Committee reiterates its request for statistical data on the distribution of women and men in each salary class in the public service.

Enforcement. The Committee notes with interest that in 2013, further to instructions given by the National Labour Inspectorate, the regional labour inspectorates carried out two nationwide systematic inspections aimed at monitoring compliance with equal wage for men and women for work of equal value, and that a specific methodology is being developed to assist labour inspectors to address equal pay. The Committee further notes that as a result of these inspections, 44 violations of the Labour Code were registered with respect to equal pay and the labour inspectorates received 39 complaints for wage discrimination in 2013, an increased number of complaints in comparison to 2012. The Government indicates that this confirms a rising awareness of this issue among citizens. The Committee asks the Government to continue to take steps to ensure that systematic monitoring of equal remuneration provisions is carried out and to provide information on the violations detected and the complaints received by labour inspectors, including details on their outcomes (adjustments made, warnings or sanctions applied, etc.). The Committee also asks the Government to provide further details regarding the methodology for labour inspectors to address equal pay.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2 of the Convention. Work of equal value. Legislation. For a number of years, the Committee has been noting that section 119a(2) of the Labour Code, as amended in 2007 by Act No. 348/2007 Coll., which 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 output for the same employer” is narrower than the principle of the Convention. The Committee draws the Government’s attention to the fact that, while factors such as complexity, responsibility, difficulty and working conditions are clearly relevant in determining the value of jobs, when examining two jobs, the value does not have to be the same or even comparable with respect to each of the factors considered. Determining whether two different jobs are of equal value consists of determining the overall value of the jobs when all the factors are taken into account. The principle of the Convention requires equal remuneration for work which is of an entirely different nature, including work with different levels of complexity, responsibility and difficulty, and which is carried out under entirely different conditions and produces different results, but which is nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 676–679). The Committee recalls that the Labour Code (section 119a(2)) also limits the scope of comparison to jobs performed for the same employer and that the application of the principle of equal remuneration for men and women for work of equal value should not be limited to comparisons between men and women in the same establishment, enterprise or sector. While noting from the Government’s report that comparison between employers bound by the same higher-level collective agreement is possible, the Committee recalls that the principle of the Convention allows for a much broader comparison to be made between jobs performed by men and women in different enterprises or between different employers or sectors. Where women are heavily concentrated in certain sectors of activities or occupations, there is a risk that the possibilities for comparison may be insufficient at the level of the establishment (see General Survey, 2012, paragraphs 697 and 698). The Committee asks the Government to consider amending the definition of work of equal value in section 119a(2) of the Labour Code to ensure that, when determining whether two jobs are of equal value, the overall value of the jobs is considered and the definition allows for the jobs of an entirely different nature to be compared free from gender bias and going beyond the same employer. The Committee once again asks the Government to provide information on the practical application of section 119a of the Labour Code, including any judicial or administrative decisions and their outcome. The Government is also asked to provide information on any measures taken to promote objective job evaluation in the private sector and to ensure that the process is free from gender bias.

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

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

Wage Gap. The Committee notes the Government’s indication that wage differentials based on gender are due to many factors including the undervaluing of women’s competences and skills, the hierarchism and the lower remuneration of “female jobs and industries”, stereotyped perceptions and expectations relating to women’s “primary” role in society as a mother, as well as women’s educational level and age. The Government also indicates that women are highly concentrated in the lowest wage bands and in part-time positions. The Committee also notes from the Government’s report that the gender wage gap is approximately 20 per cent. The Committee reiterates its request for information on any measures taken to reduce differences in remuneration between men and women and to improve the access of women to higher paid jobs, as well as the impact of such measures. The Committee asks the Government to provide statistical information, disaggregated by sex, concerning wage differentials in different sectors of activity.

Scope of comparison – same employer. The Committee recalls its previous comments regarding section 119a(3) of the Labour Code which limits the scope of comparison to jobs performed by men and women for the same employer. The Committee notes the Government’s indication that even though the application of the principle is limited to the employer who provides the remuneration, it can be extended to groups of employers or specific groups of employees following higher-degree collective agreements concluded under the Act No. 2/1991 Coll., on Collective Bargaining. The Committee also notes that in the public sector, a specific higher-degree collective agreement has been concluded following the Act No. 553/2003 Coll., on the Remuneration of Certain Employees Performing Work in the Public Interest, providing for minimum amounts of employers’ contributions, such as in increases of wage tariffs. While noting the Government’s explanation, it remains uncertain how such collective agreements allow for claims of equal remuneration for work of equal value to invoke comparisons that go beyond the individual employer. The Committee recalls that ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration given the continued prevalence of occupational sex segregation. The Committee asks the Government to clarify how the higher level collective agreements allow for a comparison of jobs beyond the same employer in a claim for equal remuneration for work of equal value.

Article 2 of the Convention. The Committee notes the Government’s indication that the principle of the Convention is promoted through labour inspection, in pursuance of the Act No. 125/2006. The Committee notes from the concluding observations of the United Nations Human Rights Committee that the National Action Plan for Gender Equality (2010–13) was adopted (CCPR/C/SVK/CO/3, 29 March 2011, paragraph 10). The Committee notes the Government’s indication that according to the labour inspectorate and the Slovak National Centre for Human Rights there were no complaints pertaining to the application of section 119a of the Labour Code. The Committee recalls that the absence of complaints is likely to indicate a lack of awareness of the legal provisions, lack of confidence in or absence of practical access to procedures, or a fear of reprisals. The Committee asks the Government to provide specific information on the activities of labour inspectors to promote equal remuneration for work of equal value. Please also provide information concerning measures taken to assist labour inspectors and others responsible for the enforcement of section 119a to better detect and address unequal remuneration, as well as any measures to increase public awareness of the relevant provisions and procedures. It also asks the Government to provide further information on the results of labour inspections including any data collected on employers’ compliance with section 119a of the Labour Code. The Committee also asks the Government to provide more detailed information on measures adopted under the National Action Plan for Gender Equality in order to promote the principle of the Convention.

Collective agreements. The Committee notes that in January 2010, the Act No. 564/2009 amended the Act on Collective bargaining which resulted in the absence of extensions of higher-degree collective agreements. This was due to the obligation imposed on entrepreneurs to adopt specific measures aimed at responding to the financial crisis. The Committee notes the Government’s indication that small and medium-size entrepreneurs, as well as transnational companies protested against this amendment. In this regard, the Committee notes that the Act No. 557/2010, Coll. entered into force on 31 December 2010, amending once again the Act on Collective Bargaining. This amendment allows the Government to extend higher-degree collective agreements where joint written proposals of the contracting parties and an agreement of the employer are submitted to the Ministry of Labour, Social Affairs and Family. The Committee further notes that in 2010, four higher-degree collective agreements were concluded in the state sector and eight were concluded in the private sector. The Government indicates that collective bargaining is currently under way over the conclusion of a higher-degree collective agreement for members of the Police Corps and of the Prison Service and Court Guards. The Committee asks the Government to provide summaries of the provisions of higher-degree collective agreements concluded in the public sector relevant to wages and to equal remuneration for men and women for work of equal value. Please also provide information on any developments concerning collective bargaining for the Polices Corps, the Prison Service and the Court Guards as it relates to the principle of the Convention.

Article 3. Job Evaluation. The Committee notes the Government’s indication that when employers decide to conduct objective job evaluation pursuant to section 119a, and if the criteria used are biased or discriminatory, employees can complain to a labour inspector in accordance with section 150 of the Labour Code. In the public sector, the Committee notes that a uniform analytical method of job evaluation is used for assigning activities under salary classes, based on the demands carried out by the inter-sectoral Commission for occupational activities evaluation. The Committee further notes that catalogues of occupational activities in the public sector have been created, setting a baseline for differential treatment according to the following criteria: demands of vocational preparation and experience, complexity and responsibility, as well as physical and mental demands of particular occupational activities. The Committee asks the Government to provide information concerning the catalogues on occupational activities in the public service, such as salary classes, statistical data on women and men in each class and the impact these catalogues have on applying the principle of the Convention.

Statistics. The Committee recalls that in order to evaluate accurately the nature and extent of unequal remuneration between men and women and better address the issue, it is necessary to collect statistical data disaggregated by sex and by occupation. The Committee asks the Government to provide detailed statistical data, disaggregated by sex, on the distribution and remuneration of men and women in different branches of activity in the public and private sectors.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Wage gap. The Committee recalls the significant wage gap between men and women in some of the employment categories, such as legislators, managing and senior employees along with tradespersons and qualified blue-collar workers. The Committee notes from the statistics for the second quarter of 2008 that, since 2005, women’s monthly wages remained around 77 per cent of men’s monthly wages. The Committee notes, however, that with respect to legislators, senior officials and managers, the monthly wage gap between men and women, though remaining high, has decreased from 38 per cent in 2005 to 31.8 per cent in 2008. Similarly, for craft and skilled trade workers, the wage gap between men and women decreased from 38 per cent in 2005 to 34.5 per cent in 2008. For skilled agricultural and fishery workers, the monthly wage gap further decreased from 15 per cent to 11.7 per cent. On the other hand, the Committee notes that the wage gap between men and women increased for clerks from 17 per cent in 2005 to 19.8 per cent in 2008. While noting that the monthly wage gap between men and women has decreased for certain employment categories, the Committee asks the Government to provide more detailed information on the programmes and measures adopted to reduce differences in remuneration between men and women and to improve the access of women to higher paid jobs, as well as their impact. The Committee trusts that such information will be provided in the Government’s next report.

Scope of comparison – same employer. The Committee notes that the equal remuneration provision in the Labour Code (section 119(3)) limits the scope of comparison between jobs performed by men and women to the same employer. The Committee draws the attention of the Government to the fact that limiting the scope of comparison between jobs to the “same employer” or establishment entails the risk that in situations where women are heavily concentrated in certain sectors of activity the possibilities for comparison will be insufficient. The Committee recalls that for the purpose of the Convention “the reach of comparison between jobs performed by men and women should be as wide as allowed by the level at which wage policies, systems and structures are coordinated, taking into account also the degree to which wages fixed independently in different enterprises may be based on common factors unrelated to sex” (paragraph 72 of the 1986 General Survey on equal remuneration). The Committee asks the Government to provide information on the level at which wage policies, systems and structures are coordinated and on how it is ensured that the reach of comparisons between jobs performed by men and women is at least as wide as allowed by this level.

Article 2. Wages set by individual agreements. With respect to difficulties regarding the application of the principle of the Convention to those parts of wages that are set by individual agreement, the Committee recalls that it had previously noted that most of the wage differences detected by the National Labour Inspectorate (NLI) concerned flexible components of the wage, which were often determined on the basis of personal attitudes of managers. The Committee notes the Government’s statement that following the amendment of the Labour Code, the right to equal remuneration for work of equal value also applies to wage conditions agreed with employees in individual employment contracts. It also notes that in 2007, labour inspectors registered ten cases concerning discrimination in remuneration, two of which concerned inequalities in remuneration between men and women relating to additional allowances. The Committee asks the Government to continue to provide information on the number and the nature of wage claims lodged with the competent labour inspection body, the National Centre of Human Rights or the courts concerning non-compliance with section 119 of the Labour Code, or the Anti‑discrimination Act, 2004, and in particular those relating to differences between men and women with respect to flexible components of the wage. Please also indicate any other measures taken to address practices by individual employers to determine payments on the basis of subjective criteria based on gender bias.

Collective agreements. The Committee notes that Act No. 2/1991 Coll. on collective bargaining, as amended in 2007, provides new specific criteria for the extension of higher level collective agreements. The Government indicates that conditions are currently being created allowing, in justified cases, the possibility of extending by regulation the binding effect of collective agreements based on proposals of the Tripartite Committee. The Government also states that all provisions of collective agreements, which have been extended to other employers, have been negotiated with a view to ensuring they are not discriminatory as regards to sex. The Committee asks the Government to give an indication of the number and type of collective agreements that have been given general binding force by regulations, and to which sectors or employers they have been extended.

Minimum wages. The Committee welcomes the statistics for 2008 on the minimum wages of full-time employees according to education level and economic activity. The Committee notes the Government’s clarification that disparities between men and women, for example in the hotel and restaurant sector, are due to the fact that activities in certain sectors are carried out by persons of one sex rather than the other. With respect to measures aimed at addressing occupational segregation as a means to promote the application of the Convention, the Committee refers to paragraph 2 of its direct request, as well as its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Promotion of the principle of the Convention. The Committee notes the information in the Government’s report concerning the implementation of the various strategic documents relating to the promotion of equal opportunities. It notes in particular the activities aimed at creating conditions to reconcile work and family life of men and women, and those promoting the Ethical Code for Employers. The Committee asks the Government to provide information on the specific impact of these activities on reducing the remuneration gap between men and women in the public and private sectors. Please also provide information on the activities of the Gender Equality Council, including the preparation of its National Strategy for Gender Equality, to promote the application of the principle of the Convention.

Article 3. Job evaluation. The Committee notes that section 119(2) of the Labour Code, as amended in 2007, provides that job evaluation must be based on the same criteria for men and women without sex discrimination. In the evaluation of the work of men and women, employers may use other objectively measurable criteria in addition to those given in section 119(2) if they can be applied to all employees without regard to sex. The Committee asks the Government to indicate how it is ensured that the criteria and selection of factors of comparison, the weighing of such factors and the actual comparison, used in job evaluation exercises are free from gender bias and not inherently discriminatory based on sex. The Government is also requested to provide information on any activities carried out or planned in the private and public sectors to undertake an objective evaluation of the jobs performed by men and women.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 1(b) of the Convention. Work of equal value. The Committee recalls its previous observation in which it noted that section 119(3) of the Labour Code, which provided for equal wages for work of an equal level of complexity, responsibility and difficulty, performed under the “same working conditions and upon achievement of the same efficiency and work results”, had been amended in 2007 to guarantee “equal wages for men and women for equal work or work of equal value”. The Committee notes that section 119(2) of the Labour Code, as amended in 2007 by Act No. 348/2007 Coll., now states that women and men have the right to equal pay for like work or work of equal value, which is considered as work of the same or comparable complexity, responsibility and arduousness, performed in the same or comparable working conditions, producing the same or comparable productivity and results for the same employer. Furthermore, section 119(3) states that if a system of job evaluation is being used, this must be based on the same criteria for men and women without sex discrimination; the employer may use other objectively measurable criteria in addition to those given in paragraph 2 if they can be applied to all employees without regard to sex. The Committee asks the Government to confirm that the wording “comparable working conditions, productivity and results” permit a comparison between jobs performed by men and women that are of an entirely different nature but nevertheless of equal value. It also asks the Government to provide copies of judicial decisions concerning the application of section 119 of the Labour Code, and in particular those decisions which show how the courts have interpreted the wording “comparable working conditions, productivity and results”.

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 near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Wage gap. The Committee recalls the significant wage gap between men and women in some of the employment categories, such as legislators, managing and senior employees along with tradespersons and qualified blue-collar workers. The Committee notes from the statistics for the second quarter of 2008 that, since 2005, women’s monthly wages remained around 77 per cent of men’s monthly wages. The Committee notes, however, that with respect to legislators, senior officials and managers, the monthly wage gap between men and women, though remaining high, has decreased from 38 per cent in 2005 to 31.8 per cent in 2008. Similarly, for craft and skilled trade workers, the wage gap between men and women decreased from 38 per cent in 2005 to 34.5 per cent in 2008. For skilled agricultural and fishery workers, the monthly wage gap further decreased from 15 per cent to 11.7 per cent. On the other hand, the Committee notes that the wage gap between men and women increased for clerks from 17 per cent in 2005 to 19.8 per cent in 2008. While noting that the monthly wage gap between men and women has decreased for certain employment categories, the Committee asks the Government to provide more detailed information on the programmes and measures adopted to reduce differences in remuneration between men and women and to improve the access of women to higher paid jobs, as well as their impact. The Committee trusts that such information will be provided in the Government’s next report.

Scope of comparison – same employer. The Committee notes that the equal remuneration provision in the Labour Code (section 119(3)) limits the scope of comparison between jobs performed by men and women to the same employer. The Committee draws the attention of the Government to the fact that limiting the scope of comparison between jobs to the “same employer” or establishment entails the risk that in situations where women are heavily concentrated in certain sectors of activity the possibilities for comparison will be insufficient. The Committee recalls that for the purpose of the Convention “the reach of comparison between jobs performed by men and women should be as wide as allowed by the level at which wage policies, systems and structures are coordinated, taking into account also the degree to which wages fixed independently in different enterprises may be based on common factors unrelated to sex” (paragraph 72 of the 1986 General Survey on equal remuneration). The Committee asks the Government to provide information on the level at which wage policies, systems and structures are coordinated and on how it is ensured that the reach of comparisons between jobs performed by men and women is at least as wide as allowed by this level.

Article 2. Wages set by individual agreements. With respect to difficulties regarding the application of the principle of the Convention to those parts of wages that are set by individual agreement, the Committee recalls that it had previously noted that most of the wage differences detected by the National Labour Inspectorate (NLI) concerned flexible components of the wage, which were often determined on the basis of personal attitudes of managers. The Committee notes the Government’s statement that following the amendment of the Labour Code, the right to equal remuneration for work of equal value also applies to wage conditions agreed with employees in individual employment contracts. It also notes that in 2007, labour inspectors registered ten cases concerning discrimination in remuneration, two of which concerned inequalities in remuneration between men and women relating to additional allowances. The Committee asks the Government to continue to provide information on the number and the nature of wage claims lodged with the competent labour inspection body, the National Centre of Human Rights or the courts concerning non-compliance with section 119 of the Labour Code, or the Anti‑discrimination Act, 2004, and in particular those relating to differences between men and women with respect to flexible components of the wage. Please also indicate any other measures taken to address practices by individual employers to determine payments on the basis of subjective criteria based on gender bias.

Collective agreements. The Committee notes that Act No. 2/1991 Coll. on collective bargaining, as amended in 2007, provides new specific criteria for the extension of higher level collective agreements. The Government indicates that conditions are currently being created allowing, in justified cases, the possibility of extending by regulation the binding effect of collective agreements based on proposals of the Tripartite Committee. The Government also states that all provisions of collective agreements, which have been extended to other employers, have been negotiated with a view to ensuring they are not discriminatory as regards to sex. The Committee asks the Government to give an indication of the number and type of collective agreements that have been given general binding force by regulations, and to which sectors or employers they have been extended.

Minimum wages. The Committee welcomes the statistics for 2008 on the minimum wages of full-time employees according to education level and economic activity. The Committee notes the Government’s clarification that disparities between men and women, for example in the hotel and restaurant sector, are due to the fact that activities in certain sectors are carried out by persons of one sex rather than the other. With respect to measures aimed at addressing occupational segregation as a means to promote the application of the Convention, the Committee refers to paragraph 2 of its direct request, as well as its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Promotion of the principle of the Convention. The Committee notes the information in the Government’s report concerning the implementation of the various strategic documents relating to the promotion of equal opportunities. It notes in particular the activities aimed at creating conditions to reconcile work and family life of men and women, and those promoting the Ethical Code for Employers. The Committee asks the Government to provide information on the specific impact of these activities on reducing the remuneration gap between men and women in the public and private sectors. Please also provide information on the activities of the Gender Equality Council, including the preparation of its National Strategy for Gender Equality, to promote the application of the principle of the Convention.

Article 3. Job evaluation. The Committee notes that section 119(2) of the Labour Code, as amended in 2007, provides that job evaluation must be based on the same criteria for men and women without sex discrimination. In the evaluation of the work of men and women, employers may use other objectively measurable criteria in addition to those given in section 119(2) if they can be applied to all employees without regard to sex. The Committee asks the Government to indicate how it is ensured that the criteria and selection of factors of comparison, the weighing of such factors and the actual comparison, used in job evaluation exercises are free from gender bias and not inherently discriminatory based on sex. The Government is also requested to provide information on any activities carried out or planned in the private and public sectors to undertake an objective evaluation of the jobs performed by men and women.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1(a) of the Convention. Application of the principle to all elements of remuneration. The Committee recalls its previous comments with respect to section 118(2) of the Labour Code, 2006, which excluded from the definition of wages certain payments provided in relation to employment. The Committee notes with satisfaction that section 119(1) of the Labour Code, as amended in 2007 by Act No. 348/2007 Coll., now provides that wage conditions must be agreed without any form of sex discrimination and that this applies to all remuneration for work and benefits that are paid or shall be paid in relation to employment according to the other provisions of the Labour Code or special regulations. The Committee also takes note of the Government’s statement that section 119(1) extends the right to equal remuneration also to those payments which otherwise, within the meaning of section 118(2) of the Labour Code, would not be regarded as wages for labour law purposes.

Work of equal value. The Committee recalls its previous observation in which it noted that section 119(3) of the Labour Code, which provided for equal wages for work of an equal level of complexity, responsibility and difficulty, performed under the “same working conditions and upon achievement of the same efficiency and work results”, had been amended in 2007 to guarantee “equal wages for men and women for equal work or work of equal value”. The Committee notes that section 119(2) of the Labour Code, as amended in 2007 by Act No. 348/2007 Coll., now states that women and men have the right to equal pay for like work or work of equal value, which is considered as work of the same or comparable complexity, responsibility and arduousness, performed in the same or comparable working conditions, producing the same or comparable productivity and results for the same employer. Furthermore, section 119(3) states that if a system of job evaluation is being used, this must be based on the same criteria for men and women without sex discrimination; the employer may use other objectively measurable criteria in addition to those given in paragraph 2 if they can be applied to all employees without regard to sex. The Committee asks the Government to confirm that the wording “comparable working conditions, productivity and results” permit a comparison between jobs performed by men and women that are of an entirely different nature but nevertheless of equal value. It also asks the Government to provide copies of judicial decisions concerning the application of section 119 of the Labour Code, and in particular those decisions which show how the courts have interpreted the wording “comparable working conditions, productivity and results”.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1(a) of the Convention. Application of the principle to all components of remuneration. In its previous comments, the Committee noted that section 118(2) of the Labour Code excludes from the definition of wages certain payments provided in relation to employment pursuant to special regulations or “other provision of the Act”. According to the Government’s report, the legal system differentiates between payments arising out of the employment relationship which are directly dependent on the work performed and those which are not, such as travel expenses and revenue from capital shares and bonds. In the Committee’s view, as previously outlined, the aforementioned elements are however covered by the notion of “remuneration” as incorporated in Article 1(a) of the Convention. Indeed, it extends to “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. Therefore, the Committee reiterates its request that the Government 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 in that respect.

2. Article 2. Wages set by individual agreements. The Committee recalls its previous observations concerning the difficulties as regards the application of the principle of equal remuneration for men and women for work of equal value, which could potentially arise with respect to those parts of the wage that are set by individual agreement. In the absence of any information on this point, the Committee again invites the Government to indicate the specific measures taken or envisaged to promote the application of the principle through individual agreements. Likewise, the Committee asks the Government to provide information on the number of wage claims lodged before the courts concerning the non-compliance with 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 illustration of the national minimum wage system. It also notes that the report of the National Labour Inspectorate for the year 2005 highlights eight cases of breaches of the relevant provisions concerning minimum wages. Due to the lack of specific information in the Government’s report regarding equal remuneration for men and women for work of equal value, the Committee again requests the Government to indicate the number of men and women remunerated according to the various levels of minimum wage claims. The Committee also invites the Government to provide information with regard to any judicial decisions or controls by the National Labour Inspectorate concerning the issue of equal remuneration for men and women for work of equal value.

4. National Action Plan for Women. The Committee notes that the National Action Plan for Women was evaluated in July 2006. The Committee also notes with interest the creation of the Gender Equality Council which will become operational in October 2007. The Committee asks the Government to provide information with its next report on the findings of the evaluation of the National Action Plan for Women as regards the application of the principle of the Convention and on any measures taken to follow up on these findings. Please also provide information on the activities of the Gender Equality Council to promote equal remuneration between men and women for work of equal value.

5. Enforcement. Labour inspections. The Committee recalls its previous comments in which it noted the findings of the National Labour Inspectorate’s report that labour inspectors lack practical experience and information on equal remuneration principles. In the absence of any information on this point, the Committee again invites the Government to indicate the measures taken or envisaged to overcome the obstacles faced by labour inspectors and to strengthen their capacity to supervise and promote compliance with the laws and regulations concerning equal remuneration for men and women for work of equal value.

6. National Centre for Human Rights. The Committee notes that, according to the Government’s report, the National Centre for Human Rights has so far played a significant role in monitoring the application of the principle of equal treatment. While leaving the broader examination of the performance of this body to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee asks the Government to keep it informed regarding the specific monitoring activities carried out by the National Centre for Human Rights with respect to compliance with the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Work of equal value. In its previous observation, the Committee expressed its concern that the wording in section 119(3) of the previous Labour Code may not be completely in line with the principles enshrined in the Convention, notably as regards the notion of “the same working conditions, efficiency and results” which does not seem to reflect fully the concept of “work of equal value”. The Committee notes with interest the Government’s statement in its report that an amended version of section 119(3) of the Labour Code will guarantee “equal wage of men and women for equal work or for work of equal value”. The Committee notes that the new Labour Code has been promulgated and came into force in September 2007. The Committee hopes that the new Labour Code will now fully reflect the principle of the Convention and looks forward to receiving a copy of the Code. The Committee also recalls its previous comments regarding the definition of “wage” and refers to this point in its direct request.

2. Remuneration gap between men and women. The Committee notes the statistical information provided by the Government on the average earnings of men and women in the year 2005, for which it is grateful. Relying on these data, the Committee observes that during 2005 there was a slight increase in the average wage of women as a share of men’s wage of 1.16 percentage points (from 76.34 per cent in 2004 to 77.5 per cent in 2005). Nonetheless, data show that a significant gap between women’s and men’s wages still exists with regard to all “age” and “employment” categories represented. In particular, the Committee notes that the highest wage gap can be found among legislators, managing and senior employees (38 per cent), along with tradespersons and qualified blue-collar workers in related fields (38 per cent), whereas the lowest gap is to be found among clerks (17 per cent) and skilled blue-collar workers in agriculture and forestry (15 per cent). When looking at average earnings according to age, statistics show that wage differences are the highest in the age category from 35 to 39 years of age (31 per cent), while they are the lowest in the age category from 20 to 24 years of age (14 per cent). The Committee again recalls the importance of increasing women’s participation in higher paid jobs, including through training courses. At the same time, while inviting the Government to explore measures to promote access of women to higher paid sectors and occupations, the Committee points out that female-dominated sectors and occupations must not be undervalued. It asks the Government to continue to provide statistical information, disaggregated by sex, on the earnings gap between men and women, and to keep it informed on any programmes, projects and measures adopted to reduce the remuneration gap between men and women and to promote women’s access to high-paid jobs, as well as their impact.

3. Collective agreements. The Committee recalls its previous comments on the possibility of extending collective agreements under section 7 of Act No. 2/1991 Coll. on collective bargaining, as amended, and on the Government’s practice of not extending such collective agreements due to resistance of employers. The Committee also notes that the extension of binding effects of these collective agreements is decided upon by the Government in cooperation with the Tripartite Commission. The Committee recalls the General Survey of 1986 on equal remuneration which points out the possibility of giving general binding force to collective agreements as representing an important tool for the State in supervising the contents of collective agreements, particularly as regards the principle of equal remuneration (paragraphs 154 and 155). In the absence of relevant information in the Government’s report, the Committee invites the Government to provide information in its next report on any measures taken to raise awareness among the Tripartite Commission, and the social partners in general, about the importance of extending collective agreements to promote the principle of equal remuneration for men and women for work of equal value. Please also provide information on cases where clauses of collective agreements have been found to be in breach of the principle of equal remuneration for work of equal value and thus considered invalid pursuant to section 4(2)(a) of the Collective Bargaining Act.

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

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

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.

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

The Committee notes the communication of 9 September 2004 by the Confederation of Trade Unions of the Slovak Republic (KOZ SR), which was sent to the Government on 15 October 2004 for its comments thereon.

1. Work of equal value. The Committee recalls its previous observation in which it noted that the wording in section 119(3) of the Labour Code provides that "wage conditions" must be equal for both men and women without any discrimination on grounds of sex and that women and men are entitled to equal wages for work of an equal level of complexity, responsibility and difficulty, performed under the same working conditions and upon achievement of the same efficiency and work results. In the Committee’s view this did not reflect fully the principle of the Convention of equal remuneration for work of equal value. The Committee notes the Government’s statement that the principle is indirectly guaranteed through the definition of the criteria of complexity, responsibility and difficulty. It notes with interest the adoption of Act No. 365/2004 Coll. on Equal Treatment in Some Areas and on Protection Against Discrimination and Amending and Supplementing Certain Acts (the Anti-Discrimination Act), amending section 13 of the Labour Code and reinforcing the prohibition of direct and indirect discrimination. However, in light of the Government’s explanations, the Committee notes with some regret that, although prohibiting sex-based discrimination with respect to remuneration, neither the adoption of the Anti-Discrimination Act nor the amendment of the Labour Code has led to the inclusion of a provision expressly providing for equal remuneration for men and women for work of equal value. The Committee is therefore bound to reiterate its concern that, while the definition applied to the terms "complexity, responsibility and difficulty" may indeed assist in objectively determining whether different jobs are of equal value, the notion of "the same working conditions, efficiency and results" does not reflect fully the principle of the Convention. The Committee reiterates its previous request to the Government to provide information on the measures taken to ensure that the relevant provisions of the Labour Code are applied in a manner consistent with the Convention, including any relevant administrative or judicial decisions.

2. Remuneration gap between men and women. Further to its previous observation regarding the widening wage gap between men and women, the Committee notes the statistical information provided by the Government on the average earnings of men and women in the first quarter of 2004, for which it is grateful. The Committee notes that, despite the increase in the number of women in the labour market and the increase in their average wage, the wages of women nevertheless continue to be significantly lower than those of men, and that there are differences in remuneration in each age category. The data on average earnings show that, in the private sector, women’s earnings as a share of men’s have decreased from 77.4 per cent in 2001 to 75.5 per cent in 2004; in the public sector, the female/male ratio stabilized at around 84 per cent over the same period. In both the public and private sector the wage gap is the lowest for workers up to 20 years of age in the private sector, it is highest for the age categories between 30 and 39 years of age and those over 60 years of age (71 and 72 per cent respectively). In the public sector, wage differences are the highest in the age category from 50 to 54 years of age (77 per cent), while the earnings of women over 60 years of age are 90 per cent of those of men. When looking at average earnings according to occupation, statistics on for 2004 show that the female/male ratio is the lowest for legislators, managers and managerial staff (63 per cent in the private sector and 77 per cent in the public sector), craftspersons and qualified workers in affiliated professions (63 per cent in the private sector and 83 per cent in the public sector), servicing machines and equipment (72 per cent in the private sector and 77 per cent in the public sector) and operating staff in services and trade (78 per cent in the private sector and 72 per cent in the public sector). The Committee notes the Government’s statement that, in order to determine the precise gender wage gap, a deeper analysis would be necessary taking into account the various factors influencing the appraisal of wages of men and women. It asks the Government to continue to provide statistical information, disaggregated by sex, and to indicate in its next report any steps taken to undertake such an analysis and the results achieved. Noting further the Government’s statement that it is not possible through administrative or organizational measures to improve the representation of women in better paid occupations, the Committee recalls the importance of increasing women’s participation in higher paid jobs and in a wider variety of occupations and training courses as a means of implementing the principle of the Convention. It therefore urges the Government to investigate potential means and solutions to promote the access of women into higher paid sectors and positions, as well as any other measures to ensure that female-dominated sectors and occupations are not undervalued, and to report on the results achieved in its next report.

3. Collective agreements. The Committee notes the Government’s statement that, in order to apply the principle of equal remuneration for work of equal value, all higher level collective agreements are formulated in a gender-neutral manner and work activities are classified into equal categories. Any violation of the principle would, under section 4(2)(a) of the Collective Bargaining Act (Act No. 2/1991), result in the clause being invalid. The Committee further notes that, pursuant to section 7 of the Act, the Government can, by means of regulations, extend a higher level collective agreement, including wage conditions, to employers with a similar economic activity. In this regard, the KOZ SR maintains that when supporting the application of the principle of the Convention through collective agreements, they meet, however, with the practice that the Government is not willing to extend collective agreements to the branch level, due to the resistance of employers. The Committee recalls that the possibility of giving general binding force to collective agreements provides the State with an important means of supervising the contents of collective agreements, and in particular the principle of equal remuneration (see paragraphs 154 and 155 of the 1986 General Survey on equal remuneration). The Committee asks the Government to continue to provide copies of higher level collective agreements in the public and private sectors that apply the principle of the Convention and to indicate the measures taken to cooperate with the social partners to extend such agreements to the branch level. Please also indicate whether there have been any cases reported of violations of the principle of equal remuneration for work of equal value in collective agreements.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Further to its observation, the Committee requests the Government to provide information on the following points.

1.  Article 1(a) of the Convention. The Committee notes 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", such as wage compensation, severance payments, contributions from the social fund, revenues from capital shares or bonds, compensation for stand-by duty, payments made by the employer from profits after taxation. The Committee notes the Government’s statement that payments other than wages, as defined in section 118 of the Labour Code, are to be provided under the conditions laid down by law, without discrimination on the basis of sex. The Government also states that wage compensation, severance payments and compensation for stand-by duty are included in the definition of remuneration. It thus appears that revenues from capital shares or bonds and payments made by the employer from profits after taxation are not to be considered remuneration and are therefore not covered by section 6. Noting that the provisions of the Labour Code refer to "wages" and "remuneration" without defining the latter concept, the Committee hopes that the Government will consider including a statutory definition of remuneration in the Labour Code, in line with Article 1(a) of the Convention. The Committee also asks the Government to clarify how the Labour Code, or any other "special regulation" referred to in section 118(2), ensures that all payments whatsoever arising out of employment are made in accordance with the principle of equal remuneration for men and women for work of equal value, particularly those payments which are not calculated on the basis of the average wages and those which currently appear not to be considered as remuneration.

2. The Committee notes from the Government’s report that by including section 119(3) in the Labour Code the supervisory competence of the National Labour Inspectorate was extended to cover equal treatment of men and women with regard to remuneration and that information material for labour inspectors concerning the principle of the Convention has been prepared. Please provide information on the activities of the labour inspectors with regard to equal pay, including the material provided to them and the number and nature of cases involving violations of equal pay provisions found and the action taken to address them.

3. With reference to its previous comments, the Committee notes the information provided on the Coordination Committee for Women’s Issues (CCWI) which is an expert advisory body to the Ministry of Labour, Social Affairs and Family made up of representatives from various bodies and institutions, including employers’ and workers’ organizations. The Committee coordinates the realization of the National Action Plan for Women adopted in 1997 for a period of ten years, which includes measures to monitor and analyse the earnings of men and women and to eliminate causes of "different income for equal work". The CCWI would appreciate receiving information on the specific activities carried out by the CCWI promoting the application of the Convention and their impact, including in relation to the National Plan of Action.

4. The Committee recalls its comments concerning the application of the principle of equal pay for work of equal value in the context of the wage-fixing machinery. In this regard, the Committee notes that the Government intends to amend Act No. 90/1996 concerning minimum wages to prohibit gender discrimination in respect to the provision of minimum wages. The Committee also notes that Ordinance No. 43 of 1992 for setting the minimum salary and bonus rates for working in complicated and hazardous environments and for night shifts has been repealed by the Labour Code. In this respect, it is noted that under section 120 ("minimum wage claims") of the Labour Code employees whose remuneration is not regulated in a collective agreement are to be paid a wage at least in the amount of the so-called "minimum wage claim" which is calculated on the basis of the minimum wage decreed by the Government and a multiplier chosen according to the complexity of tasks performed. There are six multipliers corresponding to the six categories of workplace complexity described in the Labour Code’s annex. The Committee asks the Government to keep it informed on the progress made towards amending Act No. 90/1996 as indicated above and on the application of section 120 of the Labour Code, including indications on the number of men and women remunerated according to various levels of minimum wage claims.

5. The Committee thanks the Government for submitting further copies of collective agreements and notes that these are formulated in a gender-neutral manner. The Government is asked to provide information on any cooperation with employers’ and workers’ organizations undertaken to promote the application of the Convention, including in particular in the context of collective bargaining.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes the Government’s report and recalls the communication concerning the application of the Convention submitted by the International Confederation of Free Trade Unions (ICFTU) on 16 November 2001. The ICFTU alleged that discrimination in employment and occupation on the basis of sex exists in practice, that women earn 18 to 35 per cent less than men, and that the legislation did not include recognition of the principle of equal pay for work of equal value. The Committee recalls that it has previously commented on the existing gender wage gap and expressed the hope that the new Labour Code would incorporate the requirement of equal remuneration for work of equal value in accordance with the Convention.

2. With respect to the situation of women in the labour market and their level of income generally, the Committee notes that, according to the Government, the average earnings of women were 73.8 per cent of the average earnings of men in 2001, with the percentage for the private sector (71.6 per cent) being lower than in the public sector (79.2 per cent). The Committee is concerned that the earnings gap between men and women appears to have been widening over the past five years. According to the Government the main reason for disparities was the concentration of women in sectors and occupations with lower wages. Noting the Government’s indication that its 2001 "Conception for equal opportunities of men and women" includes measures to ensure the observance of the principles of the Convention, the Committee asks the Government to provide in its next report detailed information on any measures taken to promote the access of women to higher paid sectors and positions, including measures on women and entrepreneurship, as well as any other measures taken to ensure that female-dominated sectors and occupations are not undervalued. The Committee further notes the adoption of the Public Service Act (Act No. 313/2001) and of the Civil Service Act (Act No. 312/2001) which both provide for gender-neutral conditions of remuneration for male and female public service employees and civil servants. The Committee notes with interest the special tariff scales for pedagogical employees and health-care employees, providing for higher salaries in these often undervalued, female-dominated sectors compared to other public sector employees. The Government is asked to provide full statistical information on the levels of remuneration of men and women in the private and public sectors, as outlined in the Committee’s 1998 general observation on the Convention.

3. As regards legislation, the Committee notes that section 6 of the Fundamental Principles of the new Labour Code (Act No. 311/2001) of 2 July 2001 provides that women and men shall be entitled to equal treatment, including with regard to remuneration. Section 119(3) of the Labour Code provides that "wage conditions" must be equal for both men and women without any discrimination on grounds of sex and that women and men are entitled to equal wages for work of an equal level of complexity, responsibility and difficulty, performed under the same working conditions and upon achievement of the same efficiency and work results. While noting that section 119(3) of the new Labour Code refers to criteria such as complexity, responsibility and difficulty, which may assist in objectively determining whether different jobs are of equal value, the Committee notes that the notion of "the same working conditions, efficiency and results" used in this provision does not fully reflect the principle of the Convention. Work performed in different working conditions can nevertheless still be of equal value. The Committee hopes that the Government will consider the possibility of amending section 6 of the Fundamental Principles of the Labour Code and section 119(3) of the Code to bring them fully into line with the Convention. In the meantime, the Government is asked to provide information on measures taken to ensure that the relevant provisions of the Labour Code are applied in a manner consistent with the Convention, including any relevant administrative or judicial decisions.

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

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

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.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report, including the attached annexes, and its reply to the previous direct request concerning Article 4 of the Convention. It also notes that the national legislation (Acts Nos. 54/1956 and 88/1968) protects women against any reduction of their wages on the grounds of pregnancy or maternity.

1. Article 1 of the Convention. Having noted in its previous comments that the definition of the term "wages" in section 4(2) of Act No. 1/1992 concerning wages, stand-by pay and average earnings, excludes wage compensation (namely, cash compensation, travelling expenses, income from capital shares and bonds and stand-by pay), the Committee drew the Government's attention to the fact that, in the meaning of the Convention, these payments are included in the definition of the term "remuneration". The Committee therefore requested the Government to keep it informed of the measures taken or envisaged to ensure that the statutory definition covers the concept of remuneration as it appears in the Convention. In its reply, the Government recalls that Article 2, paragraph 2, of the Convention permits a certain flexibility in the means of application of the principle of equal remuneration. According to the Government, wage compensation does not form part of the "wage", even if it arises out of the employment relationship, and an amendment of the definition contained in section 4(2) of Act No. 1/1992 with a view to broadening the definition would raise practical difficulties. It states that such wage compensation is governed by special rules, which prohibit any discrimination on grounds of sex, and that they apply without distinction to men and women workers. The Committee draws the Government's attention to the fact that the matter at issue is to agree on the definition of the term "remuneration", as it appears in Article 1, paragraph 1, of the Convention, and not to require the adoption of legislation to ensure observance of the principle of equal remuneration, nor to modify the concept of "wages" already contained in the legislation in question. It therefore requests the Government to supply a copy of the special rules governing wage compensation in order to ensure the conformity of the legal definition of remuneration with that contained in the Convention.

2. Article 2. The Committee noted that the legislation referred to previously by the Government as observing equal remuneration without discrimination on grounds of sex, contains no explicit provision setting forth the principle of equal remuneration for men and women workers for work of equal value. The Committee therefore requested the Government to indicate how the principle set out in the Convention is applied in practice. The Government states that the fact that the Constitution prohibits any discrimination, particularly on grounds of sex, is sufficient and that it is not necessary to reaffirm in other texts a principle which is set forth in the fundamental statute, particularly since the Labour Code explicitly states that men and women enjoy the same rights in respect of employment and that the texts governing wages do not contain any provision that permits different remuneration for men and women workers for the performance of identical work. However, the Government recognizes that in practice there are inequalities of remuneration on the basis of sex, particularly in the private sector, since, with the exception of the minimum wage rates, which are determined by law, the other components of remuneration are determined by collective bargaining. Its action for the effective application of the principle of equal remuneration is therefore principally directed towards the social partners. The Committee recalls that the principle set out in the Convention is that of equal remuneration for men and women workers for work of equal value, and not only for identical work, and it therefore requests the Government to state whether in practice equal remuneration is paid for the same work as well as for work to which the same value is attributed. With regard to inequalities of remuneration in the private sector, the Committee notes that on 30 May 1996 there were 45 higher-level collective agreements and that none of them established different wages on grounds of sex. It also notes the Government's expressed intention of promoting and supervising the application of the principle of equal remuneration in the context of collective bargaining. It therefore requests the Government to supply copies of collective agreements that are applicable in sectors employing a large proportion of women workers.

3. The Committee also noted that Act No. 1/1992 concerning wages contains no provision that promotes or guarantees the application of the principle of equal remuneration between men and women workers for work of equal value. In its report, the Government refers in this respect to Act No. 143/1992 respecting the remuneration of workers in the public sector (a text that is only available in Slovak). With reference to the absence of specific provisions guaranteeing the application of the principle of equal remuneration in Act No. 1/1992, the Government recalls the explanation already provided above. It informs the Committee that Government Regulation No. 53/1992 (mentioned in the previous direct request) has been repealed and replaced by the Minimum Wages Act No. 90/1996 (which has been in force since 1 April 1996), of which it provides a copy in Slovak. The Committee notes this information and will examine these new texts at its next session once a translation is available into a working language of the ILO.

4. The Committee notes the Government's explanations that wages are principally determined by collective bargaining, over and above the minimum wages established by the State, after consultation with the social partners, which are binding. However, under the terms of Decree No. 43/1992, in sectors in which there is no trade union representation, wages are subject to strengthened legal control in order to prevent any abuse of the situation by employers. The Committee also notes the Government's statement that the fact that wages are determined by the social partners is a sufficient guarantee of the application of the principle set forth in the Convention. In this respect, the Committee wishes to emphasize that the application of the principle of equal remuneration for men and women workers for work of equal value is not only the responsibility of organizations of employers and workers, even if the Government is not in a position to exercise a direct influence on the determination of wage levels. The Committee recalls that, even where a State that has ratified the Convention is excluded from the wage-fixing machinery in view of the right to collective bargaining, it still has a role to play. If it 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 workers 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). Since in Slovakia the State intervenes in the fixing of minimum wages, the Government cannot rely on employers' and workers' organizations alone to ensure the application of the principle of equal remuneration. The Committee therefore reiterates its initial request, namely to be provided with information on how in practice the principle set forth in the Convention is protected in the context of wage-fixing machinery. This information should include details on all the components of wages, including wages paid for overtime work, special shifts, dangerous and arduous work and any other bonuses and benefits.

5. Article 3. The Committee notes the information supplied by the Government concerning the existence of a system for the objective appraisal of jobs, and particularly the information that it is in the process of preparing a Unified Job Catalogue for the public sector based on the use of the analytical method, modelled on the system that has existed since 1991 in the private sector. The Committee requests the Government to provide it with information on the action taken to promote the objective appraisal of jobs and on the adoption and use of the above Catalogue.

6. The Committee notes the Government's statement that the criterion of the "social significance" of a job is no longer considered in the determination of the remuneration of workers and that the draft Labour Code, on which it is currently working, will take into account the obsolete nature of this criterion. It requests the Government to keep it informed of the adoption of the new Code and to provide a copy of the new wording of Article IV.

7. The Committee requested the Government to provide it with information on the methods used for the evaluation of jobs performed in a dangerous environment and for their division into 12 different grades and, if available, lists of jobs which have been determined as belonging to the different grades. Furthermore, the Committee requested statistical data on any changes in minimum wage rates and the average actual earnings of men and women disaggregated by occupation, branch of activity, seniority and level of qualifications. With regard to the evaluation of jobs, the Committee notes that the analytical method based on points is used. It notes that the new minimum wage rates currently in force which were communicated by the Government remain neutral from the point of view of gender (namely Sk14.60 per hour and Sk2,700 per month, without any distinction on grounds of sex). Nevertheless, according to the statistics supplied by the Government on the average hourly rates actually paid (for the first quarter of 1996), women appear to earn an average of 20 per cent less than their male colleagues in the 58 occupations listed. The Committee therefore requests the Government to indicate the reasons for the persistence of this differential, which appears to be based on the sex of the workers.

8. The Committee notes the Government's statements that the statistics requested are not available concerning: (a) the percentage of men and women employed in the public sector at the different levels; (b) the percentage of women covered by collective agreements that determine wages at the different levels of activity; and (c) the distribution of men and women employed at the different levels in the private sector. The Committee emphasizes the importance of the availability of statistics disaggregated by sex in order to evaluate the effect given in practice to the principle of equal remuneration, as set forth in the Convention, and it reminds the Government that ILO technical assistance is available in this field.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Following its previous direct request, the Committee has been able to examine translations of various new laws referred to in the Government's first report and requests it to provide additional information on the following points.

1. Article 1 of the Convention. The Committee notes that the definition of "wages" in section 4(2) of Act No. 1/1992 concerning wages, stand-by pay and average earnings, excludes wage compensation, cash compensation, travelling expenses, income from capital shares and bonds and stand-by pay. It draws the Government's attention to the fact that such payments are included in the definition of the term "remuneration" in the Convention. It accordingly asks the Government to provide information as to what measures have been taken or are envisaged to ensure that the statutory definition expressly covers the concept of remuneration contained in the Convention.

2. The Committee recalls that article 36 of the 1992 Slovak Constitution stipulates that employees shall have "the right to equitable and adequate working conditions", in particular "the right to remuneration for work done, sufficient to ensure the employee's dignified standard of living" and "protection against ... discrimination in the place of work"; and that article 12 states that this and other basic rights and freedoms shall be guaranteed without regard to, among other grounds, sex. However, it notes that the legislation cited by the Government as respecting equality in remuneration without discrimination based on sex contains no provision stating the principle of equal remuneration for men and women workers for work of equal value. The Committee requests the Government to indicate how the principle of the Convention is applied for work of equal value.

3. Article 2. The Committee notes that, according to section IX of the Labour Code, workers with diminished working capacity shall be guaranteed working conditions taking into consideration the state of their health, and that during periods when workers are unable to work due to illness, pregnancy or motherhood, "their labour law relations shall be protected by law to a heightened extent". With reference to paragraph 77 of its 1986 General Survey on Equal Remuneration, the Committee asks the Government to provide details on any legislation or directives issued or envisaged to protect women from a reduction of wages as a result of pregnancy or motherhood.

4. The Committee notes that, according to the Government's report, the laws and regulations on wages in effect are based on the principle of equal remuneration for men and women workers for work of equal value. However, the Committee notes that Act No. 1/1992 concerning wages, stand-by pay and average earnings contains no provision promoting and ensuring the application of this principle. The Committee requests the Government to provide copies of any other laws and regulations which give effect to the Convention, in particular Act No. 143/1992 regarding remuneration for workers in the public sector and any other legislation regulating wages for particular professional categories, and Government Regulation No. 53/1992 concerning minimum wages.

5. The Committee requests the Government to provide details of how and by what authorities wages are determined in practice, and how the principle of the Convention is safeguarded in this process. This information should include details on all wage emoluments, including wages paid for overtime work, special shifts, dangerous and arduous work and any other bonuses and benefits.

6. Article 3. The Committee requests the Government to supply information on any policies adopted, or national machinery established, to promote the objective appraisal of jobs.

7. The Committee notes that, according to section IV of the 1991 Labour Code, workers shall have the right to remuneration in accordance with the "quantity, quality and social significance of the work". The Committee requests the Government to indicate how the "social significance" of a job is measured and to supply details of any job evaluation where this criterion has been used.

8. The Committee notes section 14(2) of Act No. 1/1992, according to which minimum wage rates shall be prescribed by order of the Government, graduated according to the complexity, responsibility and difficulty of the work. It also notes Decree No. 43/1992, which prescribes minimum wage rates for work in hard and harmful work environments using 12 different grades and describes the characteristics of jobs to be placed in each grade. It asks the Government to provide information on the methods used for evaluating jobs on the basis of the 12 grades and, if available, lists of jobs which have been determined as belonging to the different grades. Furthermore, the Committee would appreciate receiving statistical data concerning any changes in minimum wage rates (the latest hourly and monthly rates available to the Committee appear in Order No. 249/1993) and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications.

9. The Committee requests the Government to supply in its next report information on how the Convention is applied in practice, in particular:

(i) the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels;

(ii) the texts of collective agreements fixing wages in various sectors of activity, with an indication, if possible, of the percentage of women covered by these agreements, and the distribution of men and women employed at different levels.

10. Article 4. The Committee requests the Government to provide specific information on the methods for cooperation between the Government and employers' and workers' organizations aimed at ensuring and promoting the application to all workers of the principle of equal remuneration between men and women workers for work of equal value.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information contained in the Government's reports.

1. The Committee notes the prohibition of discrimination on grounds, inter alia, of sex, and the right to fair and satisfactory conditions at work, as provided in articles 12 and 36 of the Constitution of the Slovak Republic. It also notes the adoption of Act No. 1/1992 on wages, Act No. 143/1992 concerning the minimum wage, Act No. 10/1993 concerning the employment fund, Act No. 645/1992 amending the Labour Code and the Wage Law, and will be in a position to examine these texts at its next session when translations will be available. At this time, however, the Committee is able to note that neither the Constitution nor the Labour Code provides that men and women should receive equal remuneration for work of equal value as set out in Article 2 of the Convention. The Committee would therefore be grateful if the Government would indicate the steps it has taken to apply the principle through laws, regulations, wage-fixing machinery or collective agreements.

2. With reference to Article 3 of the Convention, it further notes that the Labour Code no longer requires employers to differentiate wages according to any criteria such as the complexity of the work involved, the conditions under which it is performed and the prerequisites of its performance, and that according to the Government, wages are based on the results of labour. The Committee requests the Government to provide information on the methods used to evaluate jobs, the criteria used in any such evaluations, the existence of a job classification scheme, and the corresponding wage scales for various sectors of the economy.

3. The Committee would appreciate receiving information from the Government on any policies which have been adopted, or national machinery which has been established, to promote equality of women, particularly as concerns their position in the labour market and remuneration levels.

4. The Committee notes that it does not have sufficient information to enable an appraisal of how the principle in the Convention is applied in practice. It therefore would appreciate the Government supplying, in its next report:

(i) the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels;

(ii) the texts of collective agreements fixing wages in various sectors of activity, with an indication, if possible, of the percentage of women covered by these agreements, and the distribution of men and women employed at different levels; and

(iii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications.