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

Workers with Family Responsibilities Convention, 1981 (No. 156) - Slovakia (Ratification: 2002)

Article 2 of the Convention. Application to non-nationals. Regarding its previous comments on the application of the Convention to non-nationals, the Committee notes from the Government’s report that pursuant to section 3(3) of Act No. 448/2008 Coll. on social services of 30 October 2008, foreigners residing in the territory can benefit from social services provided by both the public and private providers. The Government further indicates that Act No. 5/2004 Coll. on Employment Services provides in sections 2(2), 3 and 4 that foreigners may benefit from employment services. The Committee requests the Government to provide information on the number of foreigners, disaggregated by sex, with family responsibilities benefiting from childcare and employment services by both public and private providers.

Article 3. National policy. The Committee notes the adoption on 9 July 2014 of Resolution No. 335/2014 on the evaluation of the implementation of the National Action Plan for Gender Equality 2010–13. It also notes that a new National Strategy for Gender Equality and its Action Plan for 2014–19 has been adopted, which includes objectives relating to the reconciliation of family, private and professional life. The Committee notes the Government’s indication that the National Labour Inspectorate prepares an annual report on the monitoring of goals set out in the “Measures for the reconciliation of life at work and in the family for the year 2006, with outlook towards 2010” strategy. The Committee requests the Government to provide specific information on the results achieved under the “Measures for the reconciliation of family and work life for the year 2006, with outlook towards 2010” strategy and any adjustments or improvements made following the annual reports of the labour inspectorate. The Committee also requests the Government to provide information on the implementation of the Gender Equality Action Plan for the years 2014–19, and its impact on achieving the objectives of the Convention. The Committee reiterates its request to the Government to provide information on the number of men and women with family responsibilities participating in the National Programme of Education and Preparation for the Labour Market, indicating how many subsequently entered the labour market.

Articles 4(a) and 7. Measures to promote free choice of employment and integration in the labour market. The Committee notes the information provided by the Government listing sections 164(1) and (3) and 166(2) of the Labour Code regarding working time arrangements and leave entitlements of workers with family responsibilities in the labour market. However, the Committee notes that no information is provided on specific measures facilitating entry or re-entry of workers with family responsibilities to employment and/or vocational training. The Committee once again requests the Government to provide specific information on any projects and programmes adopted promoting the entry or re-entry of workers with family responsibilities into the labour market and participation in vocational training, including information on their outcomes. The Committee once again requests the Government to provide information on the implementation of the relevant provisions of Act No. 5/2004 Coll. on Employment Services enabling workers with family responsibilities to exercise their free choice of employment. Please also provide copies of any collective agreements which include specific provisions in favour of workers with family responsibilities.

Article 4(b). Working hours and leave entitlements. Regarding the take up rates of men and women requesting reduced working hours, and the number of people benefiting from special leave entitlements, the Committee notes the Government’s indication that it is not possible to provide such information as the reductions take place within an institution or company. The Committee encourages the Government to take the necessary steps to collect data on the number of men and women exercising their right to parental leave, as well as the number of men and women employees requesting flexible working-time arrangements, reduced working hours or home work in order to better combine work with family responsibilities, and to provide information on progress made in this regard. Please also provide specific information on the national Family and Work project and how it encourages employers to introduce flexible forms of work for parents.

Article 5. Community services for children and other dependent persons. The Government indicates that in January 2011 an amendment entered into force of Act No. 571/2009 Coll. on the parental allowance and on the amendment of certain Acts, which enable parents to undertake paid activity of any kind without affecting their right to parental allowance, which is provided to parents in a monthly subsidy to help pay for childcare facilities. However, no information is provided regarding the number of workers requesting parental allowances. The Committee notes that a parent who returns to work before his or her child reaches the age of 3 can obtain either the parental allowance or apply for a childcare allowance and that, in 2013, the childcare allowance had 1,808 average monthly recipients, up from 56 average monthly recipients in 2012. Regarding the provision of public services in the form of childcare facilities, the Committee notes the Government’s indication that, since 2009, social services have been provided under Act No. 448/2008 Coll. on Social Services, and that, as of December 2012, there were 915 facilities serving 35,293 clients for long-term care facilities, including day-care centres, facilities for the elderly, social services homes, assisted living facilities, rehabilitation centres and care service centres. The Committee requests the Government to provide information on the number of parents with children under 3 years of age who have requested parental allowance and information on the reason for the sharp increase in recipients of the childcare allowance from 2012 to 2013. Please also provide specific information on the number of parents making use of public and private childcare providers, respectively, and the obstacles encountered by parents in accessing such childcare, and on innovative forms of childcare services introduced under the Family and Work project. The Committee requests the Government to provide further information on the initiatives taken or envisaged to help reconcile work and family responsibilities in relation to “other members of their immediate family who clearly need their care or support”, and specify any relevant provisions in regards thereof.

Article 6. Educational programmes. The Committee notes from the Government’s report the national project of the Institute for Gender Equality, Gender Audit in Public Administration and Fulfilment of Generally Binding Regulations for the Field of Gender Equality, which the Government indicates is a methodological guideline for organizations and public institutions when employing and evaluating gender equality in their policies. The Committee notes, however, that no information was provided on measures taken to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities. The Committee requests the Government to continue to provide specific information on relevant surveys, studies or programmes undertaken to promote a broader public understanding of various aspects of employment of workers with family responsibilities and the need for a more equitable sharing of family responsibilities between men and women, including the impact of these initiatives and their practical follow-up.

Article 11. Participation of employers’ and workers’ organizations. The Committee notes the Government’s indication that the Commission for Equal Opportunities for Men and Women at the Confederation of Trade Unions of the Slovak Republic, in cooperation with the Department of Gender Equality and Equal Opportunities of the Ministry of Labour, Social Affairs and Family (MLSAF), created, in 2006, “A Methodological Guide for Persons Participating in Collective Bargaining in the Field of Equal Opportunities”. The Committee further notes the activities undertaken focusing on gender equality principles in collective agreements and policies of employers. The Committee requests the Government to provide specific information on the impact of these measures on promoting equal opportunities for workers with family responsibilities in the context of the collective bargaining process. Please provide further information on any other measures taken in collaboration with employers’ and workers’ organizations to give effect to the principle of the Convention.

Enforcement. The Committee requests the Government to provide specific information on the activities of the labour inspectorate, the National Centre for Human Rights and the Ombudsperson as regards the promotion of equality of opportunity and treatment for both men and women workers with family responsibilities. The Committee also requests the Government to supply copies of any relevant judicial decisions in this regard.