Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. Referring to its previous comments on the narrowing of the gender pay gap observed in 2013, the Committee notes, from the statistical information provided by the Government, in its report, that the hourly gender pay gap slightly increased from 17.9 per cent in 2013 to 18.03 per cent in 2016. More particularly, it notes that the gender pay gap decreased in the public sector (from 11 per cent in 2013 to 8.9 per cent in 2016) but increased in the private sector (from 19.2 per cent in 2013 to 19.5 per cent 2016). The Committee further notes, from the statistics of Eurostat, that the unadjusted gender pay gap increased significantly from 19.0 per cent in 2016 to 19.8 per cent in 2017. The Committee takes note of the new Strategy for Gender Equality (2014–19) and its Action Plan which set as a specific target the overcoming of wage differentials. It further notes the Government’s indication that several measures were implemented to address the gender wage gap, such as: (i) an information campaign about lower wages of women; (ii) the continuous increase of the minimum wage, as more women than men work in lower paid sectors; and (iii) measures aimed at ensuring better reconciliation between work and family life, including in the framework of the Action Plan on Gender Equality and the Project “Family and Work”. The Committee refers in that regard to its 2018 observation under the Workers with Family Responsibilities Convention, 1981 (No. 156), where it highlights the persistent unbalanced share of family responsibilities between men and women. In addition, it notes that, in its 2019 concluding observations, the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) regretted the persistence of many barriers to women’s full and equal participation in the workforce including unequal distribution of domestic and care responsibilities preventing labour market participation, and was concerned about horizontal segregation, wage discrimination, and the absence of fair and transparent promotion practices that disproportionately disadvantage women (E/C.12/SVK/CO/3, 18 October 2019, paragraph 22). It further notes that, in April 2019, the United Nations Human Rights Council, in the context of the Universal Periodic Review (UPR), recommended that the Government strengthen its efforts to: (i) reduce the gender pay gap; (ii) eliminate horizontal and vertical imbalances between women and men in the labour market; (iii) raise awareness about discriminatory gender stereotypes; and (iv) ensure the effective implementation of the National Strategy for Gender Equality 2014–19, including through adequate funding (A/HRC/41/13, 16 April 2019, paragraph 121). The Committee asks the Government to provide information on the proactive measures taken, including in the framework of the Action Plan on Gender Equality (2014–19), to address specifically the gender pay gap, in particular in the private sector, by identifying and addressing its underlying causes, such as vertical and horizontal occupational gender segregation and gender stereotypes, and by promoting women’s access to vocational training, guidance and counselling to engage in jobs with career prospects and higher pay. It asks the Government to provide information on any measures taken, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the Convention. The Committee asks the Government to continue to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Article 2(2)(b). Minimum wage. Recalling the adoption of Act No. 663/2007 minimum wages, which repealed the previous Act No. 90 of 1996, the Committee notes the Government’s statement that measures aimed at reducing wage differentials between men and women include the continuous increase of the minimum wage, as more women than men work in lower paid sectors. It observes that while the minimum wage was increased to €520 in 2018, no agreement has been reached between the social partners on the increase in the minimum wage for 2019. The Committee further notes that, in its 2019 concluding observations, the CESCR was concerned that there are workers that are paid less than the minimum wage, including women (E/C.12/SVK/CO/3, 18 October 2019, paragraph 24). In light of the persistent gender pay gap and gender segregation of the labour market with women being mostly concentrated in lower paid sectors, the Committee asks the Government to provide information on the measures taken to effectively ensure that workers are not paid less than the statutory minimum wage in practice. It asks the Government to continue to provide information on any increase in the minimum wage implemented. The Committee further asks the Government to provide statistical information on the percentage of women and men who are paid the statutory minimum wage.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. Referring to its previous comments where it noted that the Higher-Level Collective Agreement for the Public Sector was concluded in 2014, the Committee notes the Government’s statement that the agreement does not contain any provision on equal remuneration for women and men. Recalling the important role that collective agreements can play in the application of the principle of equal remuneration for men and women for work of equal value both in the private and the public sectors, the Committee again asks the Government to provide information on any measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration between men and women for work of equal value through collective agreements, including higher-level collective agreements. It asks the Government to provide summaries of any clauses on wages determination and equal remuneration included in collective agreements, including higher-level collective agreements.

Article 3. Objective job evaluation. The Committee previously noted that catalogues of occupational activities in the public sector had been established, setting a baseline for differential treatment according to the following criteria: demands of vocational preparation and experience, complexity and responsibility, as well as physical and mental demands of particular occupational activities. It notes the Government’s statement that such catalogues were established as a result of analytical methods based on objective criteria, free from gender bias. The Government adds that the evaluation was carried out by the Expert Commission for Evaluation of Occupational Activities, composed by representatives from the Government, the social partners, as well as university and science and research institutions. The Committee asks the Government to provide information concerning the results of the evaluation of the catalogues of occupational activities newly established and their impact on wages in the public sector, in particular in terms of wage adjustments, if any. In light of the increasing gender pay gap in the private sector, the Committee again asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Enforcement. The Committee notes the Government’s statement that the number of complaints concerning equal remuneration submitted to the labour inspectorate decreased from 38 in 2015 to 19 in 2016, and observes that none of the cases dealt with gender-based pay discrimination as they all refer to employees who were of the same sex. The Committee recalls that a low number of cases or complaints lodged may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraphs 870 and 886). The Committee asks the Government to take appropriate steps to raise awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention and enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, and to provide information on any activities undertaken in this regard. It again asks the Government to provide information on the specific methodology that was being developed to assist labour inspectors to address the equal pay for work of equal value issue, as well as to continue to take steps to ensure that systematic monitoring of equal remuneration provisions is carried out by labour inspectors. The Committee asks the Government to provide detailed information on the number, nature and outcomes of any cases or complaints concerning pay inequality dealt with by labour inspectors, the Ombudsman or the courts, as well as on any sanctions imposed and remedies granted.