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

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee takes note of the information provided by the Government in relation to Article 2(1), regarding the coverage of women in fixed-term contracts and atypical forms of employment, Article 6(1) and (3), regarding qualifying conditions, conditions of entitlement and level of cash benefits, and Article 8(1), regarding the burden of proof in case of termination of employment.

Article 9(1). Discrimination on the grounds of maternity. The Committee notes the information that discriminatory practices can be reported to the labour inspectorate, which can fine employers up to €200,000. In addition, the Committee notes the Government’s indication that workers who have been victims of discrimination can file a lawsuit and request provisional measures and monetary compensation under sections 11 and 12 of the Anti-Discrimination Act of 20 May 2004. In this context, the Committee requests the Government to provide information on: (i) the number of violations found by the labour inspectorate and penalties applied in this regard; and (ii) any court decisions or legal disputes concerning discriminatory dismissals founded on the grounds of maternity, if any, including in relation to the reinstatement of workers.

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

The Committee notes that the Government’s report does not follow the report form but reproduces the provisions of the legislation without replying to the Committee’s previous direct request. It hopes that the Government will provide, in its next report, full information on the following questions:

Article 2(1) of the Convention. Scope. Please explain how maternity protection is provided, in particular, to women working under fixed-term employment contracts and in atypical forms of salaried work such as home work, telework, temporary work, etc.

Article 6(1). Conditions governing the right to cash benefits. The Committee notes that section 48(1) of the Act on Social Insurance provides that employed women who are pregnant or who take care of a new-born infant are entitled to maternity allowance. The Committee asks the Government whether a woman whose child has not survived or who has given birth to a live child but for some reason does not take care of her child, is also entitled to maternity allowance.

Article 6(3). Level of cash benefits. The Committee notes that section 53 of the Act on Social Insurance provides that the amount of the maternity allowance is 65 per cent of the basic daily assessment. The Committee would like the Government to explain to what extent this provision gives effect to Article 6(3) of the Convention, according to which the maternity benefit should be calculated on the basis of previous earnings and represent at least two-thirds of those earnings (66.6 per cent).

Article 6(5) and (6). Benefits paid where the qualifying conditions are not satisfied. The Committee notes that a woman worker, who fails to satisfy the conditions for the award of maternity allowance before childbirth, may be certified by an 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 this allowance. Please indicate whether, in accordance with the provisions 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 after childbirth 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 requests the Government to identify the legal provisions ensuring that in the event of termination of an employment relationship with a pregnant woman, a woman on maternity leave or taking care of a child under 3 years of age, the burden of proving that the reasons for the dismissal are unrelated to pregnancy or child birth rests on the employer.

Article 9(1). Maternity-based discrimination. Please identify the sanctions applicable in case of discrimination based on maternity, as well as the number of violations recorded and penalties applied.

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

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.

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

Article 2, paragraph 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, paragraphs 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, paragraph 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 3 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, paragraph 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 6 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.

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

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).