Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

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:

Repetition

Article 2(1) of the Convention. Scope. The Committee notes the Government’s indication to the effect that the provisions of the Labour Code regulating the working conditions of women and men taking care of children are applicable despite the particularities of existing special regulations, as envisaged by sections 2, 3 and 4 of the Labour Code regulating the labour relations of transportation employees, members of ships’ crews flying the flag of Slovakia, employees of private security services and professional sportspeople as well as members of cooperatives. It is the Committee’s understanding that there is no maternity protection scheme derogating from the provisions of the Labour Code and that the regime established by the latter applies to all categories of workers. The Committee would like the Government to confirm this understanding and to explain how maternity protection is provided, in particular, to women working under fixed-term employment contracts and in atypical forms of dependent work such as home work, telework, temporary work, etc.

Article 6(5) and (6). Benefits paid where the qualifying conditions are not satisfied. The Committee notes that the adoption of Act No. 461/2003, on social insurance had the effect of repealing Act No. 88/1968 on the extension of maternity leave, maternity benefit and child allowances. With regard to the cash benefits paid to women workers who do not qualify for maternity benefits, the Government indicates that where a woman worker fails to satisfy the conditions for the award of maternity allowance before childbirth, she may be certified by the attending physician to be temporarily incapacitated for work and granted sickness allowance. The Government also states that there are no qualifying conditions to be met in order to be entitled to receive sickness benefits. The Committee would like the Government to indicate the legal provisions guaranteeing the right to receive sickness benefits during the period prior to childbirth in cases where women workers do not qualify for maternity benefits. Please also indicate whether, in accordance with this provision of the Convention, means-tested or other adequate cash benefits such as parental benefits, as the case may be, are also paid in the period following confinement to women workers who do not meet the conditions to qualify for cash benefits.

Article 8(1). Burden of proof in case of termination of employment. The Committee notes the information provided by the Government indicating that, in the event of termination of an employment relationship with a pregnant woman, a woman on maternity leave, with a woman or a man on parental leave or with a male or female employee taking care of a child under three years of age, the burden of proof rests on the employer. The Committee would be grateful to the Government to indicate the legal provisions relevant in this respect.

Article 9(1). Maternity-based discrimination. The Committee notes the information provided by the Government on the legislative provisions guaranteeing the right to equality and non-discrimination in employment. As regards the penalties established by the legislation for violations of the provisions relating to protection against maternity-based discrimination, the Government refers to section 41(9) of the Labour Code providing that, where employers are in breach of their pre-contractual obligations, the victims are entitled to appropriate compensation. The Committee requests the Government to indicate the sanctions applicable in case of discrimination based on maternity, taking place at work, as well as the number of violations and penalties applied. It also reiterates its request to the Government to indicate the provisions guaranteeing that the period of maternity leave shall be considered as a period of service for the determination of the rights of women, as advocated by Paragraph 5 of the Maternity Protection Recommendation, 2000 (No. 191).

Article 10. Breastfeeding breaks. The Committee notes that according to section 170(2) of the Labour Code, a nursing mother is entitled, in addition to regular working breaks, to two special breaks of half an hour each in order to breastfeed her child until it reaches six months of age and, subsequently, to one half-hour break for another period of six months. These breaks may be combined and provided at the beginning or at the end of the worker’s shift. Women working at least half of the statutory weekly working time are also entitled to one half-hour break for nursing until the child reaches the age of six months. The Committee requests the Government to provide information on the manner in which it ensures that women who work less than half of the statutory working time, e.g. those working, for example, two full working days per week, are also entitled to breastfeeding breaks as required by this provision of the Convention.

Finally, the Committee reiterates its request to the Government to indicate, in accordance with Part V of the report form, the manner in which the Convention is applied in practice including statistics on the total number of women employed, extracts from official reports, information regarding the number and the nature of the contraventions reported.