Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 2 of the Convention. Gender pay gap and its underlying causes. The Committee notes from the July 2019 Eurostat figures that the gender pay gap was 8 per cent on the basis of the average gross hourly earnings. It further notes with concern that the gender pay gap has been progressively widening over the last ten years. To address this gender pay gap, the Committee notes that the information provided in the Government report that it has adopted measures aimed at achieving a balance of men and women in decision-making positions and at eliminating gender stereotypes in education and employment. The Committee notes that the Government has conducted surveys on decision-making positions and has set up a special working group for the preparation of a draft act on a balanced representation of women and men in decision-making positions. It also notes the implementation of projects directed at overcoming gender stereotypes which affect occupation and career choice and recognition of women as experts. Recalling that the Government has been reporting on efforts undertaken to address vertical and horizontal gender segregation in the labour market and diversification of fields of study for a number of years, the Committee asks the Government to undertake a rigorous assessment of the underlying causes of the widening pay gap over the last ten years in order to provide a solid basis upon which to strengthen its efforts strategically to reduce the gender pay gap and to report on the findings of the assessment and any steps taken to follow it up. It further asks the Government to continue to provide information on any other measures adopted to reduce the gender pay gap, including information on the adoption of the draft act on a balanced representation of women and men in decision-making positions.

Articles 2 and 3. Application of the Convention in the public sector. The Committee notes the information provided by the Government concerning the non-discrimination requirements as applied in the public sector and the distribution of men and women in the state administrative bodies which shows a high percentage of women in all of the areas except for the police and armed services. It also notes that the principle of equal pay for work in comparable posts is required and that the information provided on the methodology used for classifying posts and titles into salary grades appears to be based on analytical and objective criteria. Nevertheless, the Committee is concerned that wage details of public sector employees contained in the statistics system (ISPAP) are not disaggregated by sex because the Public Salary System Act No. 108/09 does not permit monitoring on this basis. The Committee notes that the Ministry of Labour, Family, Social Affairs and Equal Opportunities has requested that the Ministry of Public Administration initiate procedures for changing the above legal foundation to facilitate the collection and monitoring of data on wages in the public sector at the work post level by gender. The Committee welcomes this request and emphasises that the collection and reliable monitoring of statistics disaggregated by sex followed by an analysis of the actual causes for any differences in pay are essential to ensure the effective application of the Convention and that it is the duty of the Government to ensure the application of the Convention in the public sector. The Committee asks the Government to report on all the steps taken to enable the collection and monitoring of wage data disaggregated by sex in the public sector and the results obtained. Please also provide more detailed information on the manner in which the job classification methodology free from gender bias is applied in practice.

Minimum wages. The Committee notes the amendment of 2016 to the Minimum Wage Act which requires the payment of supplements for working under special conditions (i.e. holidays, work free days) along with supplements for overtime work to be paid on top of the minimum wage. The Committee asks the Government to provide information on the impact of the Minimum Wage Act, as amended, on the wage levels of men and women and its impact on the gender wage gap.

Collective agreements. The Committee recalls that the observation of the Association of Free Trade Unions of Slovenia that the majority of collective agreements do not give special attention to monitoring and verifying whether the established salary system is gender neutral. The Committee notes the Government’s indication that seventeen new collective agreements have been concluded in the reporting period and that, as in the previous reporting period, only two contain provisions on gender equality, although neither of those specifically address the issue of equal pay between women and men. The Committee hopes the Government will strengthen its efforts to promote inclusion of the principle of the Convention in future collective agreements and social contracts. Please provide information on any assessment undertaken of the impact of collective bargaining on the reduction or the widening of the gender pay gap.

Enforcement. The Committee notes that once again no violation of section 133 of the Employment Relations Act has been detected during the reporting period and that no information is available on any action undertaken by the new Advocate of the Principle of Equality under the new Protection against Discrimination Act, which the Committee notes, does not contain a specific provision on equal pay. The Committee requests the Government to provide information on the number and nature of violations and/or cases of equal pay between men and women dealt with by the labour inspectorate, the Advocate of the Principle of Equality or in the courts. Please also provide information on any violations detected or cases concerning implementation of the Minimum Wage Act.