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

Maternity Protection Convention, 2000 (No. 183) - Slovakia (Ratification: 2000)

The Committee notes the first report provided by the Government on the application of the Convention. It requests the Government to provide additional information on the following points.

Article 2, paragraph 1, of the Convention. The Committee notes that, under the terms of section 3(2) of the Labour Code, the labour relations of transportation employees, members of ships’ crews flying the flag of the Slovak Republic, employees of private security services and professional sports people shall be governed by the Code, unless otherwise provided by special regulations. Section 4 of the Labour Code contains a similar provision concerning the members of cooperatives. The Committee requests the Government to indicate whether such regulations have been adopted and, if so, to provide a copy with an indication, where appropriate, of the manner in which the protection afforded by the Convention is secured for the women workers concerned.

The Committee would also be grateful if the Government would provide information on the implementation in practice of section 5 of the Labour Code, and particularly its first subsection respecting the applicable legislation, so as to clarify its scope.

Article 3. The Committee notes the Government’s statement in its report that new regulations under section 161(1) of the Labour Code, to enumerate the types of work prohibited for women, pregnant women, the mothers of children under 9 months of age and nursing mothers, are being prepared to replace Resolution No. 32 of 1967 of the Government of the former Czechoslovakia. The Committee hopes that the Government’s next report will contain information on the progress achieved in this respect and it requests the Government to provide a copy of the new regulations when they are adopted.

The Committee also notes that section 161(2) of the Labour Code provides that pregnant women shall not be employed in work which, according to medical assessment, may jeopardize their pregnancy due to their state of health. This prohibition also applies to women up to the end of the ninth month following the birth of their child and to women who are nursing children. The Committee requests the Government to provide information on the implementation of this provision in practice, and particularly on the arrangements for evaluating the health risks and the manner in which the results are brought to the knowledge of the women concerned. Furthermore, the Committee requests the Government to provide information on the consultations held with the representative organizations of employers and workers for the adoption of the legislative or practical measures necessary to give effect to this provision of the Convention; please also specify the authorities responsible for the adoption of such measures (see the report form under Article 3).

Article 4, paragraph 4. The Committee notes the provisions respecting maternity leave contained in sections 166 to 169 of the Labour Code. It requests the Government to indicate whether, during the six-week period following confinement envisaged in section 168(4) of the Labour Code, women are not authorized to work, in accordance with this provision of the Convention, which is intended to reinforce the protection of the health of the mother and child.

Article 6, paragraph 6. The Committee notes the Government’s statement that women who do not meet the qualifying conditions for maternity benefits set out in Act No. 88/1968 on the extension of maternity leave, maternity benefit and child allowances are entitled to a parental allowance. It adds that the parental allowance is a social benefit, financed from the state budget, provided to a parent caring for a child up to the age of three or up to the age of six years where the child is in bad health. The eligibility conditions for this allowance and its amount are established by Act No. 280/2002, as amended by Act No. 643/2002. The Committee notes this information. It hopes that the Government’s next report will contain further information on the conditions for the payment of the allowance (eligibility conditions and amount) and a copy of the above legislation respecting the parental allowance. The Committee also requests the Government to provide information on any allowances which could be paid, where appropriate, before confinement to pregnant workers who do not meet the qualifying conditions set out in Act No. 88 of 1968.

Article 8, paragraph 1. The Committee notes the information provided by the Government and the legal provisions applicable with regard to protection against dismissal for women during the period envisaged by this Article of the Convention. It hopes that the Government will provide further information in its next report on the legal and procedural measures relating to the burden of proof in the event that the reasons for dismissal are contested in the cases authorized under sections 64(3) and 68 of the Labour Code.

Article 9, paragraph 1. The Committee notes the information provided by the Government on the measures adopted to give effect in practice to this provision of the Convention, which lays down that maternity shall not constitute a source of discrimination in employment. It hopes that the Government’s next report will contain information on any measures which may exist, providing that the period of maternity leave shall be considered as a period of service for the determination of the rights of the woman, as advocated by Paragraph 5 of the Maternity Protection Recommendation, 2000 (No. 191).

Furthermore, the Committee would be grateful if the Government would provide information on the penalties established by the legislation for violations of the provisions relating to maternity protection, as the Labour Code does not appear to contain specific provisions on this subject.

Finally, the Committee requests the Government to indicate, in accordance with the report form, the manner in which the Convention is applied in practice including, for example, statistics on the total number of women employed, including the number of those in atypical forms of dependent work, such as home work, temporary work or telework; please also provide, where possible, extracts from official reports, information regarding the number and nature of the contraventions reported and any other particulars on practical difficulties encountered in the implementation of the Convention (see under Article 2 and Part V of the report form).