Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Equal Remuneration Convention, 1951 (No. 100) - Slovenia (Ratification: 1992)

Legislative developments. The Committee notes the text of the consolidated version of the Equal Treatment Act, 2007 provided by the Government. The Committee again requests the Government to provide a copy of the various amendments to the Employment Relations Act, as they relate to the principle of the Convention.

Gender wage gap and occupational segregation. The Committee notes the Government’s indication that women are still disadvantaged in the labour market, occupying lower positions in employment and being paid less for the same level of professional competence than men. In this regard, the Committee notes the information provided by the National Statistics Office stating that women’s average monthly earnings amounted to 97 per cent of the earnings received by men in 2009 (a wage gap of 3 per cent). According to Eurostat, the wage gap increased from 8.3 per cent in 2007 to 8.5 per cent in 2008. The Committee particularly notes from the information of the National Statistics Office that the difference between men’s and women’s earnings was the highest in human health and social work activities (30 per cent) and in financial and insurances activities (29.4 per cent). According to the 2008 statistical data provided by the Government, occupational segregation remains persistent in the labour market, with women being highly concentrated in certain activities such as financial intermediation (68 per cent), education (79 per cent) and health and social work (79.5 per cent). The Committee, furthermore, notes that women have less access to higher paid jobs, as women account for only 30.9 per cent of skilled workers and 25.6 per cent of highly skilled workers. With regard to education, the Committee also notes that girls are over-represented, especially in upper secondary education, in some fields of study such as textiles (94.3 per cent of students are girls), teacher training (93.9 per cent) and health care (75.2 per cent). The Committee asks the Government to provide information on any measures taken or envisaged to promote the application of the Convention in those sectors which are characterized by a wider gender wage gap than average, and to improve women’s access to higher skilled and higher paying jobs. Please also continue to provide information on the progress in developing indicators of equal opportunities in the education system, and any steps taken to promote the access of girls and boys to fields of study where they are respectively under-represented.

Article 2 of the Convention. Promotion of the principle of the Convention. The Committee notes the Government’s acknowledgement that there are challenges to maintaining initiatives to promote gender equality during the time of economic and financial crisis, but that as gender equality is a condition for sustainable growth, employment, competiveness and social cohesion, the time of crisis may also represent an opportunity for further changes in various fields of social life, including with respect to promoting equal remuneration for work of equal value. The Committee notes the various initiatives carried out by the Government under the third Periodic Plan for the Implementation of the Resolution on the National Programme 2010–11 to overcome gender inequality, including training on gender mainstreaming for ministries and government officials; cooperation between the Government and civil society; measures to analyse the incidence of gender-based discrimination in employment; and the implementation of special programmes to promote women’s employment in the labour market. The Committee also welcomes the information provided regarding the achievements under the 2008–09 Periodic Plan. The Committee asks the Government to continue to provide information on the impact of the Periodic Plans for the Implementation of the Resolution on the National Programme, in particular with respect to the implementation of the principle of equal remuneration for men and women for work of equal value.

Article 2(2)(b). Minimum wages. Noting the information provided by the Government regarding the national minimum wage, the Committee requests the Government to provide information on the number of women and men respectively who are actually paid the minimum wage or below, and whether the Minimum Wage Act applies to the public and private sectors. Please also continue to provide information on any changes in the minimum wage and the process of establishing the minimum wage, including the role of the social partners.

Article 3. Objective job evaluation. The Committee notes that, pursuant to section 127(1) of the Employment Relations Act, the basic salary shall be laid down according to the “level of difficulty of work” for which the worker has concluded the employment contract. According to the Government, the difficulty of work represents the basis for equal remuneration regardless of sex and includes, in particular, factors such as education, experience, responsibilities, burdens and efforts. The Committee, furthermore, notes the Government’s indication that the Public Sector Wage Act sets out the basis for the public sector wage system in order to apply the principle of equal pay for work in comparable positions, titles and functions. In this connection, the Committee notes that, according to the Government, the common methodology for classifying positions into wage classes is based on the following criteria: the level of difficulty of work, the level of training required, responsibility and authorizations, the physical and mental exertions involved, and the environmental influences. The Government further indicates that the public sector wage system has safeguards in place to prevent any gender-based discrimination in determining wages in practice. The Committee asks the Government to provide information on job evaluation methods that have been used to ensure the practical application of the relevant provisions of the Employment Relations Act and the Public Sector Wage Act to compare different jobs. Please also provide details on the safeguards that prevent gender-based discrimination in the public sector wage system.

Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that, despite the reference in the 2007 Social Agreement to the obligation of the employers to respect the principle of equal pay for women and men “for the same job”, the obligation under section 133 of the Employment Relations Act to pay equal remuneration for work of equal value remains paramount. The Committee also notes the Government’s indication that consideration will be given to expressly providing for equal remuneration for work of equal value in future social agreements. The Committee asks the Government to provide information on progress made in adopting a new social agreement or a similar document which reflects fully the principle of the Convention. The Committee also asks information on any activities of workers’ and employers’ organizations to promote the application of the Convention, including its application in the context of collective bargaining. Please provide copies of relevant provisions in collective agreements.

Enforcement. Regarding the application of the principle of equal remuneration for work of equal value, the Committee notes that no violations of sections 6 and 133 of the Employment Relations Act have been detected by the labour inspectorate services in the last three years, and that no relevant judicial decisions were handed down. The Committee further notes that, under the third Periodic Plan for the Implementation of the Resolution on the National Programme 2010–11, awareness raising for judges is foreseen regarding gender equality policy and on the existence, prohibition and harmful effects of discrimination, as well as measures to strengthen labour inspection services with a view to reducing the incidence of gender-based discrimination in employment. Recalling the important role of judges and labour inspectors in ensuring the application of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide specific information on any awareness-raising activities being undertaken that address the principle of the Convention. The Committee also asks the Government to provide information on the steps taken to raise awareness among workers, employers and their organizations regarding the principle of the Convention, and the procedures and remedies available for violations of the principle of equal remuneration for work of equal value. Please also continue to provide information on the number and nature of complaints detected by or reported to the labour inspectorate, and any judicial or administrative decisions relating to equal remuneration for men and women for work of equal value.

Statistics. The Committee welcomes the detailed statistics provided by the Government, and asks that it continue to provide such statistics, as well as any analysis thereof that may be available.