Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Slovenia (Ratification: 1992)

The Committee notes the detailed information contained in the Government’s report and also the comments by the Association of Free Trade Unions of Slovenia, annexed to the report.

1.  The Committee notes that a draft of a new Employment Act is currently under discussion prior to adoption, establishing the general statutory validity of all agreements concluded between employees and employers concerning employment relations. It notes from the report that this new Act provides for increased protection for the family responsibilities of workers, on an equal basis for men and for women, without assuming that it is women who are first and foremost responsible for them. It further notes that the draft Act also includes a formal prohibition of discrimination in employment and recruitment on the basis of family responsibilities, provides for arrangements for nursing mothers, and sets out a series of guidelines for the order of lay-off of workers in case of collective terminations, etc. The Committee would be interested to receive a copy of the Act once adopted.

2.  The Committee notes in the comments made by the Association of Free Trade Unions of Slovenia regarding the Government’s report that, in practice, the position of women in the labour market is still very unfavourable, since employers continue to assume that women workers create an additional expense as a result of maternity. The Committee notes that when taking on workers or when concluding the employment contract, discrimination on the basis of family status is expressly forbidden under the draft new Act. It notes with interest that the employer may not, when taking on workers, ask or make the employment conditional on questions which are not directly linked to the nature of the work. In the event of a dispute, the burden of proof of the absence of discrimination lies with the employer. The draft of the new Act also contains a series of obligations on the employer regarding the ordering of working conditions in respect of occupational safety and health as concerns pregnant or nursing workers, or men and women workers having to care for a sick or handicapped child. In the light of the comments made by the union, the Committee requests the Government to supply information on the measures adopted to ensure effective application of the legal provisions protecting women against this type of discrimination in practice. Please also supply information on any programme implemented to raise public awareness of the importance of equality between men and women at the workplace and the importance of non-discrimination against workers with family responsibilities.

3.  The Committee notes with interest the creation in June 1995 of the Health Council within the Ministry of Labour, Family and Social Affairs, an advisory body composed of experts from all fields dealing with family affairs which contributes to the elaboration and improvement of the instruments of family policy in Slovenia. It requests the Government to keep it informed of all studies carried out by the Council in the field of employment and of the family, and of all activities which contribute to the application of the Convention.

4.  The Committee notes that the Parliamentary Commission for Equal Opportunities Policy within the National Assembly of the Republic of Slovenia, and the Office for Women’s Policy of the Government of the Republic of Slovenia are the two bodies responsible for establishing legislation regarding equal opportunity policy in Slovenia. It would be grateful if the Government would supply information on the activities of these two bodies regarding workers with family responsibilities. In particular, it would like to know whether measures have been taken or are under consideration by these bodies as regards the promotion of information and education which engender broader public understanding of the principle of equality of opportunity and treatment for men and women workers and for workers with family responsibilities. The Committee notes, from the statistical data annexed to the report and the comments of the Association of Free Trade Unions of Slovenia, that family responsibilities are largely borne by women, as shown by the very low number of fathers who exercise their right to family leave. However, equality of opportunity and of treatment for men and women may not be fully realized without more wide-ranging social reform and, in particular, fairer sharing of family responsibilities.

5.  The Committee notes the Government’s indication that older family members are not included among the direct family for whom workers may claim health insurance benefit when caring for a sick family member. The Government states that the inclusion of older family members as beneficiaries is not envisaged for the moment. The Committee notes this information and requests the Government to indicate in its future reports any extension in the scope of this protection.

6.  The Committee notes that a new Parental Leave and Family Allowances Act is at present under discussion for adoption. It asks the Government to supply a copy of the new Act once adopted.

7.  The Committee notes that the draft of the new Employment Act provides a number of guidelines regarding the order of lay-off of workers in case of collective termination of employment. These guidelines aim to ensure that the family and social situation of workers should be taken into account when choices are made, so as to protect workers with family responsibilities. The Committee notes from the comments by the Association of Free Trade Unions of Slovenia that, despite the protective provisions already in place, in practice women on maternity leave have often been chosen for redundancy, and are thus not covered by this legal protection. The Committee requests the Government to supply information on the methods whereby the protection established by the law is effectively implemented in practice.