Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Equal Remuneration Convention, 1951 (No. 100) - Slovakia (Ratification: 1993)

Following its previous direct request, the Committee has been able to examine translations of various new laws referred to in the Government's first report and requests it to provide additional information on the following points.

1. Article 1 of the Convention. The Committee notes that the definition of "wages" in section 4(2) of Act No. 1/1992 concerning wages, stand-by pay and average earnings, excludes wage compensation, cash compensation, travelling expenses, income from capital shares and bonds and stand-by pay. It draws the Government's attention to the fact that such payments are included in the definition of the term "remuneration" in the Convention. It accordingly asks the Government to provide information as to what measures have been taken or are envisaged to ensure that the statutory definition expressly covers the concept of remuneration contained in the Convention.

2. The Committee recalls that article 36 of the 1992 Slovak Constitution stipulates that employees shall have "the right to equitable and adequate working conditions", in particular "the right to remuneration for work done, sufficient to ensure the employee's dignified standard of living" and "protection against ... discrimination in the place of work"; and that article 12 states that this and other basic rights and freedoms shall be guaranteed without regard to, among other grounds, sex. However, it notes that the legislation cited by the Government as respecting equality in remuneration without discrimination based on sex contains no provision stating the principle of equal remuneration for men and women workers for work of equal value. The Committee requests the Government to indicate how the principle of the Convention is applied for work of equal value.

3. Article 2. The Committee notes that, according to section IX of the Labour Code, workers with diminished working capacity shall be guaranteed working conditions taking into consideration the state of their health, and that during periods when workers are unable to work due to illness, pregnancy or motherhood, "their labour law relations shall be protected by law to a heightened extent". With reference to paragraph 77 of its 1986 General Survey on Equal Remuneration, the Committee asks the Government to provide details on any legislation or directives issued or envisaged to protect women from a reduction of wages as a result of pregnancy or motherhood.

4. The Committee notes that, according to the Government's report, the laws and regulations on wages in effect are based on the principle of equal remuneration for men and women workers for work of equal value. However, the Committee notes that Act No. 1/1992 concerning wages, stand-by pay and average earnings contains no provision promoting and ensuring the application of this principle. The Committee requests the Government to provide copies of any other laws and regulations which give effect to the Convention, in particular Act No. 143/1992 regarding remuneration for workers in the public sector and any other legislation regulating wages for particular professional categories, and Government Regulation No. 53/1992 concerning minimum wages.

5. The Committee requests the Government to provide details of how and by what authorities wages are determined in practice, and how the principle of the Convention is safeguarded in this process. This information should include details on all wage emoluments, including wages paid for overtime work, special shifts, dangerous and arduous work and any other bonuses and benefits.

6. Article 3. The Committee requests the Government to supply information on any policies adopted, or national machinery established, to promote the objective appraisal of jobs.

7. The Committee notes that, according to section IV of the 1991 Labour Code, workers shall have the right to remuneration in accordance with the "quantity, quality and social significance of the work". The Committee requests the Government to indicate how the "social significance" of a job is measured and to supply details of any job evaluation where this criterion has been used.

8. The Committee notes section 14(2) of Act No. 1/1992, according to which minimum wage rates shall be prescribed by order of the Government, graduated according to the complexity, responsibility and difficulty of the work. It also notes Decree No. 43/1992, which prescribes minimum wage rates for work in hard and harmful work environments using 12 different grades and describes the characteristics of jobs to be placed in each grade. It asks the Government to provide information on the methods used for evaluating jobs on the basis of the 12 grades and, if available, lists of jobs which have been determined as belonging to the different grades. Furthermore, the Committee would appreciate receiving statistical data concerning any changes in minimum wage rates (the latest hourly and monthly rates available to the Committee appear in Order No. 249/1993) and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications.

9. The Committee requests the Government to supply in its next report information on how the Convention is applied in practice, in particular:

(i) the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels;

(ii) the texts of collective agreements fixing wages in various sectors of activity, with an indication, if possible, of the percentage of women covered by these agreements, and the distribution of men and women employed at different levels.

10. Article 4. The Committee requests the Government to provide specific information on the methods for cooperation between the Government and employers' and workers' organizations aimed at ensuring and promoting the application to all workers of the principle of equal remuneration between men and women workers for work of equal value.