Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Convenio sobre los trabajadores con responsabilidades familiares, 1981 (núm. 156) - Eslovenia (Ratificación : 1992)

Article 1 of the Convention. Other members of the immediate family. In its previous comment, noting the Government’s indication that it does not intend to extend the right to cash benefits under the Health Care and Insurance Act beyond employees caring for a sick child or spouse, the Committee asked the Government to provide information on measures taken or envisaged to implement the Convention with respect to other members of the immediate family who clearly need care and support, including persons living with disabilities, or the elderly, as envisaged under Article 1(3) of the Convention. In its report, the Government indicates that, under the conditions laid down by the Social Security Act (ZSV), a person with disabilities entitled to institutional care has the right to have a family attendant who provides assistance in the home environment instead of all-day institutional care. A family attendant may be a person who has the same permanent residence as the person with disabilities or a member of their family (father, mother, son, daughter, brother, sister, uncle, aunt, grandfather or grandmother, etc.). To qualify as a family attendant a person may either be removed from the register of unemployed persons or leave the labour market, in which case they have a right to payment for lost income. A family attendant may, however, be employed part-time, in which case they have a right to a proportional part of the payment for lost income (article 44 of the Act Amending and supplementing the Social Security Act (ZSV-B)). A family attendant shall have compulsory pension insurance, unemployment insurance and insurance for parental protection. With respect to additional measures taken to apply the Convention beyond taking care of sick children and spouses, the Committee notes that the Parental Protection and Family Benefits Act, passed in 2014, to transpose the European directive on parental leave (Council Directive 2010/18/EU of 8 March 2010) provides an entitlement to partial payment for lost income of a parent, or other person, who cares for and protects a child with either a severe disturbance in mental development, a severe disability in movement, or a serious disease. It also notes that this Act extends protections to adoptive parents and equalizes the status of social parents with that of biological parents with respect to some leaves and benefits. The Committee asks the Government to provide statistical information on: (i) the number and profile of the family attendants mentioned above, in particular the percentage of family members who are actually taking care of a family member who is considered to be a person with disabilities by the legislation; and (ii) the measures adopted to implement the Convention with respect to other members of the immediate family of workers who clearly need care and support, other than by extending the right to cash benefits beyond employees caring for a sick child or spouse.

Articles 4 and 8. Leave entitlements. Termination of employment. Previously the Committee asked the Government to provide information on: (i) the practical application of section 6.4 (which provides that less favourable treatment of workers in connection with pregnancy or parental leave is deemed to be discrimination) and section 115 (which extends the period of prohibition against termination during the period of pregnancy, breastfeeding or when on parental leave, to one month after taking such leave) of the Employment Relationship Act No. 42/02 (amended in 2007 by Act No. 103/07); and (ii) any relevant administrative or judicial decisions in relation thereto. The Committee noted that between two and 14 cases were identified annually when the employment contracts of parents were cancelled, contrary to section 155 of the Employment Relationship Act and, in the same period, between 15 and 64 cases annually where the inspectors consented to the cancellation of the employment contracts of parents. The Committee also notes from the detailed information in the Government’s report that one to 11 cases were identified annually in the same period in violation of the protection in relation to overtime and night work. The Committee asks the Government to continue to provide detailed information on the application of sections 115 and 186 of the Employment Relationship Act in relation to the protection against dismissal of workers based on their family responsibilities. Please also provide examples of cases in which there were “reasons for extraordinary termination”, cases in which there was the introduction of a procedure for termination by the employer and cases where the inspectors consented to the termination of employment of parents in which the labour inspectorate found that cancellations of contracts did not violate the protection against dismissal in section 115.

Article 5. Childcare and family services and facilities. The Committee notes from the information provided in the Government’s report that the number and percentage of children in kindergartens has risen from 75.9 per cent in 2011–12 to 78.1 per cent in 2015–16 and that the number of kindergartens has increased from 922 to 978. The Committee asks the Government to continue to provide information on the availability and sufficiency of childcare services for workers with family responsibilities. Please also provide information on the establishment of other relevant services and facilities, and on the practical impact of such services for workers with responsibilities of disabled persons to enter or re-enter employment.

Article 6. Information and education. The Committee asked the Government to continue to provide information on the measures taken or envisaged to raise awareness among workers and employers of the relevant laws and policies, and on the importance of adopting and implementing workplace policies to facilitate reconciliation of work and family responsibilities. Recalling that Article 11 of the Convention provides for the right of workers’ and employers’ organizations to participate in the design and implementation of measures giving effect to the Convention, the Committee requested the Government to provide information on how the social partners are being involved in these efforts. The Committee notes the general information provided by the Government that, within the framework of the Economic and Social Council, social partners participate, monitor and address the situation in the economic and social fields, which also includes consideration of key documents from the field of work of the International Labour Organization and systemic legislation and key documents, including from the field of social rights and rights to compulsory insurance, work relations, the labour market, employment and occupational health and safety. The Committee notes also, from the concluding observations of the United Nations Committee on the Elimination of all Forms of Discrimination Against Women issued on 24 November 2015 (CEDAW/c/SVN/CO/5-6, paragraphs 17–18) that various educational, awareness-raising and training measures have been taken to eliminate discriminatory stereotypes, encourage equal sharing between women and men of parenting responsibilities and promote the reconciliation of work and family life. The CEDAW is concerned, however, about the persistence of stereotypes regarding the roles and responsibilities of women and men in the family and in society that perpetuate traditional roles of women as mothers and housewives and undermine women’s social status and their educational and career prospects. Consequently, the Committee encourages the Government to strengthen awareness-raising and education initiatives for both women and men, employers and workers, and society at large, to bring about better understanding of the problems encountered by all workers with family responsibilities and the importance of promoting equality between men and women with family responsibilities as well as facilitate the reconciliation between work and family responsibilities. Please report on any specific activities undertaken toward this end, including with the participation of employers’ and workers’ organizations, and the results achieved in terms of applying the provisions of this Convention.

Enforcement. The Committee thanks the Government for the detailed information provided on the action taken by the labour inspectorate and the number and nature of violations of provisions on non-discrimination of persons due to their family responsibilities contained in the Employment Relationship Act, and in the Parental Protection and Family Benefits Act restricting overtime and night work. The Committee asks the Government to continue to provide information on any findings with respect to discrimination, dismissal, leaves, overtime and night work based on family responsibilities by the labour inspectorate and the Advocate of the Principle of Equality, as well as the outcome of the cases, including the remedies provided. Please also continue to provide information on the effectiveness of the mechanisms available for workers to complain about violations of their rights and entitlements relevant to the application of the Convention. Noting the preventive approach taken by the labour inspectorate, please provide information on the training received and given by labour inspectors to promote a better understanding and enforcement of the legal rights and entitlements of workers with family responsibilities in both the public and private sectors.