Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Slovenia (Ratification: 1992)

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Articles 3 and 4 of the Convention. National policy, non-discrimination, leave and benefits. Legislative developments. The Committee takes due note of the detailed information provided by the Government in its report on the legislative developments to transpose the European Union Directive No. 2019/1158 on work–life balance for parents and carers. In particular, it takes note of the following amendments to the Parental Protection and Family Benefits Act (ZSDP-1): (1) the introduction of more flexibility to use the paternity leave and the introduction of a parental leave for adoptive parents (Amendment ZSDP-1B); (2) the extension of paternity leave by ten days in the event of the birth of twins or multiple live births, (3) the increase of the minimum payment of maternal, paternal and parental benefits to equal the basic minimum income (Amendment ZSDP-1C); (4) the increase of the amount of partial payment for loss of income for parents or other person who takes care of two or more children with disabilities (Amendment ZSDP-1E); and (5) the alignment of maternal, paternal and parental leave entitlements to the requirements set in the above mentioned Directive (Amendment ZSDP-1F). The Government also indicates that another series of amendments to the Employment Relationship Act (ZDR-1) are under discussion, also to transpose the EU Directive 2019/1158, and that these amendments covers issues such as: (1) the reversal of the burden of proof in the event of a dispute related to exercising special protection due to carers’ leave; (2) the employer’s obligation to enable a better work–life balance; (3) the determination of absence from work due to carers’ leave as an unfounded reason for ordinary employment contract termination; and (4) a right to part-time or full-time absence from work for the purpose of using carers’ leave. The Committee notes the Government’s indication that 15,594 fathers used their paternity leave in 2020 and 23,906 in 2021. The Committee also notes the information included in the report on the activities of the Office of the Advocate of the Principle of Equality, including awareness-raising activities with workers’ and employers’ organizations, the publication and distribution of a special leaflet titled “Say no to discrimination of pregnant women and parents in the workplace”, and the current development of a Guide on the protection against discrimination and equal opportunities at work. The Committee requests the Government to provide information on: (i) the implementation in practice of the recent amendments to the Parental Protection and Family Benefits Act (ZSDP-1), such as statistical data disaggregated by sex, on the number of workers with family responsibilities exercising leave and working arrangement options provided for by the legislation; (ii) the amendments to the Employment Relationship Act (ZDR-1) that should be adopted to transpose the Directive of the European Union No. 2019/1158 on work–life balance for parents and carers; and (iii) the work of the Advocate of the Principle of Equality, especially with regards to spreading public awareness about legislative changes related to working parents.

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