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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern 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.

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

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.

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

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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 initially made in 2014.

Repetition

Legislative developments. The Committee notes the adoption on 5 March 2013 of the Employment Relationship Act No. 21/13 replacing the Employment Relationships Act No. 103/07. It notes that the provisions regarding equal remuneration for work of equal value under section 133(1) and (2) remain the same. The Committee asks the Government to provide information on the practical application of section 133(1) and (2) of the Employment Relationship Act No. 21/13, including any administrative or judicial decisions relating to the principle of the Convention.

Articles 1 and 2 of the Convention. Gender pay gap and its underlying causes. The Committee notes from the National Statistical Office that the gender pay gap on the basis of the average monthly gross earnings was 5.4 per cent in 2013 (up from 3 per cent in 2009). The gap was the highest in human health and social work activities 25.1 per cent (down from 30 per cent), and financial and insurances activities 24.8 per cent (down from 29.4 per cent). The statistics further indicate horizontal occupational gender segregation, particularly in human health and social work activities (80.8 per cent of workers are women), and education (78.9 per cent of workers are women), while in the mining and quarrying industry, 91.5 per cent of workers are men, and in the construction industry 88.3 per cent of workers are men. The Committee welcomes the publication in 2013 of a study and a manual by the Association of Free Trade Unions of Slovenia (AFTUS) and the Women Lobby of Slovenia entitled “Equal Pay for Equal Work and the Gender Pay Gap” and “Equal Pay for Equal Work or Work of Equal Value – Implementation Guide”. The study finds that pay differentials between men and women exist, including at the level of the basic salary, and that while small at the national level, they rise when examined at the level of the economic sector, the occupational category or the job. According to the study, the gender pay gap is caused by direct and indirect discrimination and by social and economic factors, including vertical and horizontal occupational gender segregation, undervaluation of women’s work, inequalities with respect to reconciliation of work and family responsibilities, traditions and stereotypes. The Committee notes the recommendations of the study and the implementation guide for addressing the obstacles to equal pay which focus on company collective agreements and general acts of the employer providing for a gender-neutral job evaluation, including the principle of non discrimination, setting clear rewards criteria that facilitate gender neutrality, and accurate criteria for advancement across salary groups. The Committee further notes from the Government’s report the range of measures adopted to increase the representation of women in decision-making positions and to provide equal access to education and training, including the development of indicators for monitoring equal gender opportunities in education in order to assess areas where boys and girls are underrepresented. The Committee asks the Government to continue to take concrete measures to address the gender pay gap in those sectors and occupational categories which are characterized by a wider gap than average, and to improve women’s access to higher skilled and higher paying jobs, including through the diversification of fields of study and vocational training for boys and girls, and to provide information in this respect. The Committee also asks the Government to provide information on any measures taken or envisaged to follow-up on the findings and recommendations of the above study and guide. Please continue to provide statistics on the evolution of the gender pay gap.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication that data collection on recipients of the minimum wage is not gender specific. The Committee notes that the Minimum Wage Act No. 13/10 came into force in February 2010 and applies to both the public and private sector. The Government indicates that the minimum wage is determined by the Minister for Labour after consultation with social partners in the Economic and Social Council of Slovenia, on the basis of increases in consumer prices, wage trends, economic conditions or economic growth and employment trends. The Committee asks the Government to provide information on the steps taken to ensure the enforcement of the minimum wage, and the impact of such measures on the gender pay gap.

Application of the principle in the public sector. The Committee notes that the Government once again refers to the Salary System in the Public Sector Act which implements the principle of equal pay for work at comparable posts, titles and functions to prevent in practice the existence of a gender wage gap in this sector. The Committee notes the observations of the Confederation of Trade Unions of Slovenia (PERGAM), submitted by the Government with its report, that despite this principle, there is a practice of different pay for work in comparable positions, however not due to discrimination based on gender. The Government indicates that the issue of unequal pay for men and women for work of equal value has not been highlighted because the data shows that in Slovenia the share of women in the highest ranking management positions in public administration is among the highest in the countries of the Organization for Economic Cooperation and Development (OECD). Recalling that inequalities may arise from the criteria and the methodology used to classify jobs, particularly the undervaluation of jobs in which women are concentrated, and from unequal access to allowances and benefits, the Committee asks the Government to ensure that objective job evaluation methods and the criteria used are free from gender bias in the public sector wage system and that access to additional benefits is equal for men and women. Please provide statistics on the representation of men and women in the public sector by category or occupation, including in management positions, and their corresponding earnings.

Collective agreements. The Committee notes that a review of the sectoral agreements shows only two (electrical industry and metal industry) which expressly lay down the principle of equal opportunities. The Committee notes the observations of AFTUS included in the Government’s report that the majority of collective agreements do not give special attention to monitoring and verifying whether the established salary system is gender neutral. According to the AFTUS, a precondition for a gender neutral system is the reliable monitoring of data on pay, disaggregated by sex, and detecting the actual causes for differences in pay, however, available statistical data does not allow for that. The AFTUS further indicates that some collective agreements stipulate the right of the union to access data on salaries, the right to information on pay, and the obligation of employers to report annually on the salary system. According to the organization, these provisions would allow mutual monitoring and analysis of wage differences on the basis of gender. The Committee asks the Government to continue to provide information on any activities of workers’ and employers’ organizations to promote the application of the Convention, in particular in the context of collective agreements and with respect to salary and salary system reporting by employers.

Enforcement. The Committee notes the Government’s indication that no violations of section 133 of the Act were detected during the reporting period. The Committee further notes that since May 2010, the Advocate of the Principle of Equality has received a small number of complaints related to issues of equal pay for work of equal value, however no statistical data was kept. The Committee asks the Government to provide information on any measures taken to strengthen the capacity of the labour inspectorate to effectively address inequalities in remuneration and to ensure compliance with the principle of equal remuneration for men and women for work of equal value. Please continue to provide information on the number and nature of violations detected by or reported to the labour inspectorate, and the outcome of complaints of non-compliance with the principle of equal remuneration for work of equal value addressed by the Advocate of the Principle of Equality.

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

Legislative developments. The Committee notes the adoption on 5 March 2013 of the Employment Relationship Act No. 21/13 replacing the Employment Relationships Act No. 103/07. It notes that the provisions regarding equal remuneration for work of equal value under section 133(1) and (2) remain the same. The Committee asks the Government to provide information on the practical application of section 133(1) and (2) of the Employment Relationship Act No. 21/13, including any administrative or judicial decisions relating to the principle of the Convention.

Articles 1 and 2 of the Convention. Gender pay gap and its underlying causes. The Committee notes from the National Statistical Office that the gender pay gap on the basis of the average monthly gross earnings was 5.4 per cent in 2013 (up from 3 per cent in 2009). The gap was the highest in human health and social work activities 25.1 per cent (down from 30 per cent), and financial and insurances activities 24.8 per cent (down from 29.4 per cent). The statistics further indicate horizontal occupational gender segregation, particularly in human health and social work activities (80.8 per cent of workers are women), and education (78.9 per cent of workers are women), while in the mining and quarrying industry, 91.5 per cent of workers are men, and in the construction industry 88.3 per cent of workers are men. The Committee welcomes the publication in 2013 of a study and a manual by the Association of Free Trade Unions of Slovenia (AFTUS) and the Women Lobby of Slovenia entitled “Equal Pay for Equal Work and the Gender Pay Gap” and “Equal Pay for Equal Work or Work of Equal Value – Implementation Guide”. The study finds that pay differentials between men and women exist, including at the level of the basic salary, and that while small at the national level, they rise when examined at the level of the economic sector, the occupational category or the job. According to the study, the gender pay gap is caused by direct and indirect discrimination and by social and economic factors, including vertical and horizontal occupational gender segregation, undervaluation of women’s work, inequalities with respect to reconciliation of work and family responsibilities, traditions and stereotypes. The Committee notes the recommendations of the study and the implementation guide for addressing the obstacles to equal pay which focus on company collective agreements and general acts of the employer providing for a gender-neutral job evaluation, including the principle of non discrimination, setting clear rewards criteria that facilitate gender neutrality, and accurate criteria for advancement across salary groups. The Committee further notes from the Government’s report the range of measures adopted to increase the representation of women in decision-making positions and to provide equal access to education and training, including the development of indicators for monitoring equal gender opportunities in education in order to assess areas where boys and girls are underrepresented. The Committee asks the Government to continue to take concrete measures to address the gender pay gap in those sectors and occupational categories which are characterized by a wider gap than average, and to improve women’s access to higher skilled and higher paying jobs, including through the diversification of fields of study and vocational training for boys and girls, and to provide information in this respect. The Committee also asks the Government to provide information on any measures taken or envisaged to follow-up on the findings and recommendations of the above study and guide. Please continue to provide statistics on the evolution of the gender pay gap.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication that data collection on recipients of the minimum wage is not gender specific. The Committee notes that the Minimum Wage Act No. 13/10 came into force in February 2010 and applies to both the public and private sector. The Government indicates that the minimum wage is determined by the Minister for Labour after consultation with social partners in the Economic and Social Council of Slovenia, on the basis of increases in consumer prices, wage trends, economic conditions or economic growth and employment trends. The Committee asks the Government to provide information on the steps taken to ensure the enforcement of the minimum wage, and the impact of such measures on the gender pay gap.

Application of the principle in the public sector. The Committee notes that the Government once again refers to the Salary System in the Public Sector Act which implements the principle of equal pay for work at comparable posts, titles and functions to prevent in practice the existence of a gender wage gap in this sector. The Committee notes the observations of the Confederation of Trade Unions of Slovenia (PERGAM), submitted by the Government with its report, that despite this principle, there is a practice of different pay for work in comparable positions, however not due to discrimination based on gender. The Government indicates that the issue of unequal pay for men and women for work of equal value has not been highlighted because the data shows that in Slovenia the share of women in the highest ranking management positions in public administration is among the highest in the countries of the Organization for Economic Cooperation and Development (OECD). Recalling that inequalities may arise from the criteria and the methodology used to classify jobs, particularly the undervaluation of jobs in which women are concentrated, and from unequal access to allowances and benefits, the Committee asks the Government to ensure that objective job evaluation methods and the criteria used are free from gender bias in the public sector wage system and that access to additional benefits is equal for men and women. Please provide statistics on the representation of men and women in the public sector by category or occupation, including in management positions, and their corresponding earnings.

Collective agreements. The Committee recalls that the 2007 Social Agreement does not fully reflect the principle of the Convention and notes the Government’s indication that a new social agreement is expected to be adopted in late 2014 or early 2015. It further notes that a review of the sectoral agreements shows only two (electrical industry and metal industry) which expressly lay down the principle of equal opportunities. The Committee notes the observations of AFTUS included in the Government’s report that the majority of collective agreements do not give special attention to monitoring and verifying whether the established salary system is gender neutral. According to the AFTUS, a precondition for a gender neutral system is the reliable monitoring of data on pay, disaggregated by sex, and detecting the actual causes for differences in pay, however, available statistical data does not allow for that. The AFTUS further indicates that some collective agreements stipulate the right of the union to access data on salaries, the right to information on pay, and the obligation of employers to report annually on the salary system. According to the organization, these provisions would allow mutual monitoring and analysis of wage differences on the basis of gender. The Committee hopes that the future social agreement will fully reflect the principle of equal remuneration for men and women for work of equal value, and asks the Government to continue to provide information on any activities of workers’ and employers’ organizations to promote the application of the Convention, in particular in the context of collective agreements and with respect to salary and salary system reporting by employers.

Enforcement. The Committee notes the Government’s indication that no violations of section 133 of the Act were detected during the reporting period. The Committee further notes that since May 2010, the Advocate of the Principle of Equality has received a small number of complaints related to issues of equal pay for work of equal value, however no statistical data was kept. The Committee asks the Government to provide information on any measures taken to strengthen the capacity of the labour inspectorate to effectively address inequalities in remuneration and to ensure compliance with the principle of equal remuneration for men and women for work of equal value. Please continue to provide information on the number and nature of violations detected by or reported to the labour inspectorate, and the outcome of complaints of non-compliance with the principle of equal remuneration for work of equal value addressed by the Advocate of the Principle of Equality.

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

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Employment Relationships Act and the Act of 30 April 2004 implementing the Principle of Equal Treatment were amended in 2007. The Committee asks the Government to supply copies of these amendments.

Gender wage gap. The Committee notes that, according to the survey on the structure of earnings published in 2008 by the National Statistics Office, the gender wage gap has decreased. According to the survey, women’s average gross hourly earnings in 2006 amounted to 95 per cent of the earnings received by men (gender wage gap: 5 per cent). The widest gender wage gap existed in the health‑care and social assistance sectors (nearly 30 per cent). According to Eurostat, the gap between men’s and women’s average gross hourly earnings increased from 6.1 per cent in 2002 to 8 per cent in 2006 and 8.3 per cent in 2007.

The Committee notes the various initiatives carried out by the Government under the first Periodic Plan for the Implementation of the National Programme for Equal Opportunities for Men and Women 2006–07 to address sex segregation in the labour market and to reduce the gender wage gap. The Committee also notes that similar measures are included in the second Periodic Plan for 2008–09. It further notes that a study on equal opportunities in education is being carried out with a view to developing indicators to monitor girls’ and boys’ access to education in areas where one or the other gender is underrepresented, the results of which will be available in 2009. The Committee asks the Government to continue to provide detailed statistical information on the earnings of men and women, including the earnings in the various sectors and occupational categories. The Committee also encourages the Government to continue its efforts to reduce the gender wage gap and asks it to provide information on the following:

(i)    the implementation of the relevant measures taken under the second Periodic Plan for the Implementation of the National Programme for Equal Opportunities for Men and Women, including information on any measures specifically targeting the sectors where the gender wage gap is wider than average, and the results achieved; and

(ii)   the results of the study on equal opportunities between boys and girls in respect of access to education and the measures taken or envisaged accordingly to promote girls’ access to educational areas where their participation rate is lower than boys’ and vice versa.

Article 2 of the Convention. Minimum wages. The Committee recalls that, due to the lack of agreement among the tripartite partners on the new wage policy for the private sector, a draft act fixing the minimum wage for 2006–07 had been proposed by the Ministry of Labour, Family and Social Affairs. The Committee notes that this Act was adopted in 2006 and, subsequently, amended in 2008 to allow an exceptional increase in the amount of the minimum wage. The Committee notes that pursuant to section 2 of the Act, the Minister responsible for labour matters will establish the amount of the minimum wage on the basis of the expected yearly rise in consumer prices and after consulting the social partners. Noting that no reference to the principle of equal remuneration for men and women for work of equal value is made in the Minimum Wage Act, the Committee again asks the Government to indicate the manner in which the observance of this principle is ensured in the procedure of minimum wage fixing.

Article 3. Objective job evaluation. In the absence of the information previously solicited, the Committee again asks the Government to indicate any measures taken to promote objective job evaluation, and to specify how it is ensured that the uniform criteria used for the determination of wages are free from gender bias.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that, in September 2007, the Social Agreement for the period 2007–09 was adopted. It notes that this agreement upholds the promotion of equal opportunities of men and women in employment, education and training, the reconciliation of work and family life and the reduction of segregation and remuneration disparities. However, the Committee notes that Part II, section 8, of this Agreement, which concerns wages and salaries, only calls upon employers to respect the principle of equal pay for women and men for the “same job”. The Committee wishes to emphasize that this provision does not reflect fully the principle of the Convention, which includes, but goes beyond, equal remuneration for “equal”, the “same” or “similar” work, and also requires that equal remuneration be paid to women and men who perform work of an entirely different nature, which is nonetheless of equal value. The Committee hopes that, in the context of the next negotiations, the Government will make every effort to ensure that the principle of equal remuneration for work of equal value is reflected in the Social Agreement, and refers the Government to the indications provided in this regard in its 2006 general observation on the Convention.

Enforcement. Regarding the implementation of section 133 of the Employment Relationships Act on equal remuneration, the Committee notes the Government’s indication that, given the close relationship existing between this provision and section 6 of the Act prohibiting gender-based discrimination, any violations of section 133 would indirectly fall within the scope of section 229 which provides for the imposition of certain sanctions on the employer who has violated section 6. The Committee also notes that no violations of section 133 were detected by the labour inspectorate services and that no relevant judicial decisions were handed down. The Committee further notes that the Periodic Plan for Implementing the National Programme for Equal Opportunities for Women and Men encompasses measures designed to strengthen labour inspection on the implementation of the Employment Relationships Act and to raise public awareness regarding cases of discrimination and mechanisms for their prevention. The Committee asks the Government to provide information on the following:

(i)    the number and nature of cases in which section 229 of the Employment Relationships Act has been applied regarding the non-observance of the principle of equal remuneration for work of equal value;

(ii)   the measures taken or envisaged under the Periodic Plan for Implementing the National Programme for Equal Opportunities for Women and Men to strengthen the capacity of labour inspectors to detect and address any violations of the principle of the Convention and to raise awareness among the workers of their right to equal remuneration and of the procedures and remedies available in this regard; and

(iii) any judicial decisions relating to the application of the Convention and any violations detected by or brought to the attention of the labour inspectorates services, the sanctions imposed and the remedies provided.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Gender wage gap. The Committee notes the information provided by the Government indicating that while the average monthly wage received by men continues to be higher than for women, the gap is decreasing. Statistics from 2003 indicate a wage gap of 7 per cent, compared with 12 per cent in 2001. One of the largest wage gaps continues to be found in the category of “skilled workers” (19 per cent); however, the wage gap for those with a university degree has now surpassed that of skilled workers at 22 per cent. The Committee also notes that the resolution on the National Programme for Equal Opportunities for Women and Men, 2005–13, was adopted by the National Assembly in October 2005, pursuant to the Act on Equal Opportunities for Men and Women, with the aim of improving the position of women. The concrete tasks and activities needed are to be defined in biennial periodic plans, the first of which was adopted in April 2006 (the Periodical Plan for the Implementation of the National Programme (2006–07)), and includes as one of its goals the reduction of vertical and horizontal segregation and the reduction of wage differentials for women and men. The activity set out pursuant to this goal is monitoring accessibility to educational areas where girls or boys are in the minority. The Committee welcomes the continuing narrowing of the overall gender wage gap, and asks the Government to continue to provide comparable detailed statistical information on the earnings of men and women. The Committee also asks the Government to indicate any measures taken or envisaged to promote the application of the Convention in those sectors and with respect to those skill levels with relation to which there is a wider gender pay gap than average, including reporting on the activities undertaken and results achieved with respect to the Periodical Plan for the Implementation of the National Programme.

2. Article 2 of the Convention. Minimum wages. The Committee notes that the Wages Policy Agreement for the Private Sector (2004–05) is no longer in force, and that no agreement has been reached between the tripartite partners with respect to wage policy and minimum wages in the context of the negotiations on the Social Agreement. As a result, a draft Act Fixing the Minimum Wage for 2006–2007 has been proposed by the Ministry of Labour, Family and Social Affairs, which, according to the Government’s report, aims at maintaining the real value of remuneration for those workers receiving the minimum wage. The Committee asks the Government for information regarding the progress of adopting the draft Act Fixing the Minimum Wage for 2006–07, including the role of workers’ and employers’ organizations in this process, and the manner in which the principle of equal remuneration for men and women for work of equal value is taken into consideration in the process of minimum wage fixing.

3. Article 3. Objective appraisal of jobs. In response to its previous direct request, the Committee notes that the Government indicates that all regulations and mechanisms to determine wages, including collective agreements, apply uniform criteria for the determination of wages irrespective of sex. While it is important that uniform criteria be applied irrespective of sex, the Committee recalls that it must also be ensured that there is no gender bias in the selection and weighting of such criteria, as often criteria traditionally associated with “female” jobs are undervalued. The Committee, therefore, asks the Government to specify how it promotes the use of appropriate machinery and procedures to ensure an evaluation free from discrimination based on sex, and in particular any measures taken to promote objective job evaluation methods.

4. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that the tripartite Social Agreement of 2003–04 has expired, and that a new Social Agreement has not yet been concluded. The Committee also notes that the Government has put forward a proposal for a new Social Agreement, which would include provisions regarding detecting and eliminating discrimination in the labour market and reducing segregation and wage inequality. The Committee notes further that the Government points to the role of the Economic and Social Council in fulfilling the role provided under section 3 of the Act on Equal Opportunities for Men and Women regarding tripartite cooperation. The Committee asks the Government to provide information on the progress of adopting a new Social Agreement, and how promoting the principle of the Convention is reflected in the Social Agreement. The Committee also asks the Government for information regarding the specific work and decisions of the Economic and Social Council relevant to the application of the Convention.

5. Parts III and IV of the report form. Enforcement. The Committee notes the Government’s statement that the labour inspectorate does not keep statistics regarding the implementation of section 133 of the Employment Act (equal remuneration), since no sanctions are provided for the violation of this provision. The Committee also notes that no court decisions relevant to the application of the Convention have been rendered. The Committee asks the Government to provide information on how, in the absence of sanctions, it is ensured that the legal provision mandating equal remuneration for men and women for work of equal value is respected. The Committee also asks the Government to provide information regarding any decisions of judicial or administrative bodies addressing issues related to the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 2 of the Convention. Application of the Convention through minimum wages. Recalling its previous comments on the effective implementation of minimum wage legislation, the Committee notes that according to the Government, the number of wage-related violations dealt with by the labour inspectorate has been decreasing in recent years. In 2002, labour inspectors imposed fines and ordered rectification in 22 cases involving failure to pay the minimum wage. The Committee also notes that the amount of the fines for this type of violation has been increased under the Employment Relationships Act 2002. The Government is asked to continue to provide information on the application of the Convention through minimum wages, including on the manner in which the principle of the Convention is taken into consideration in the process of minimum wage fixing, as well as the activities of the labour inspectorate to ensure compliance with minimum wage legislation.

2. Article 3. Objective appraisal of jobs. The Committee notes the Government’s statement to the effect that all regulations and mechanisms in place to determine wages use uniform criteria so that wage discrimination on the basis of sex will not occur if they are consistently applied. In this regard, the Government’s attention is drawn to the importance of assisting those involved in wage fixing in the design and application of appropriate methods to determine the value of work in order to avoid indirectly discriminatory criteria being used. The Committee considers that such measures would facilitate the implementation of section 133(1) of the Employment Relationships Act 2002 which introduced the notion of work value. Methods of assessing work value will also be of relevance to the bodies and institutions charged with enforcing section 133(1). The Committee therefore asks the Government to provide information on any measures taken to promote the objective appraisal of jobs on the basis of the work performed.

3. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that under section 3 of the Act on Equal Opportunities for Men and Women 2002, the Government and competent ministries shall cooperate with social partners with a view to discussing solutions and proposals for the achievement of the Act’s aims. The Committee hopes that serious consideration will be given to how such cooperation will promote the application of the Convention, and that information on this action will be able to be provided in the next report.

4. Part V of the report form. Practical application of the Convention. The Committee notes the Government’s indication that the average monthly wage received by men in 2001 exceeded that of women by 12 per cent, as compared to 13.9 per cent in 2000. The Committee also notes from the data provided in the Statistical Yearbook 2003 (table 13.6) that in 2001 the gender wage gap continued to be largest in the category of "skilled workers" (19.7 per cent), while it continued to be narrower between men and women holding university degrees. The Committee asks the Government to continue to provide detailed statistical information on the earnings of men and women, as far as possible in accordance with the Committee’s 1998 general observation. Please indicate any measures taken to promote the application of the Convention in those sectors and in respect of those levels of professional skills which are characterized by a wider gender pay gap than average.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Articles 1 and 2 of the Convention. Application of the Convention in law. The Committee notes with satisfaction that the Employment Relationships Act of 2002 gives legislative expression for the first time to the principles contained in the Convention. Article 6(2) provides for equal opportunities and equal treatment of men and women in employment, including the payment of wages and other income arising out of the employment relationship. Article 126 defines remuneration for work carried out on the basis of an employment contract as comprising the wage and other types of remuneration. Section 133(1) states that the employer must pay equal remuneration for equal work and for work of equal value to workers regardless of their sex. The Committee asks the Government to provide information on the application of these provisions in practice, including through administrative and judicial decisions, labour inspections and measures to promote the objective appraisal of jobs in order to determine equal work value.

2. The Committee further notes the adoption of the Act on Equal Opportunities for Men and Women in 2002 which provides measures to promote the effective realization of gender equality, including positive measures in the field of employment. The Committee asks the Government to indicate any measures taken or envisaged under this Act which are aimed at promoting the application of the principle of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government’s statement of its intention to adopt new labour legislation. The Committee hopes that the Government will take the opportunity afforded by its review of labour laws to ensure legislative conformity with the principle of equal remuneration for men and women workers for work of equal value, as contained in the Convention, and asks the Government to submit all relevant newly adopted legislation with its next report.

2. The Committee notes from the statistical data attached to the Government’s report that in 1998 women’s average gross monthly earnings were 23.4 per cent lower than those of men. While the wage differential between men and women was found at all professional levels, it was smallest for highly skilled persons, where women’s average monthly gross earnings were 6.8 per cent lower than those of men. The Committee points out once again the confirmation in statistical data that, even where there are equal levels of education or vocational qualifications, women still systematically earn less than men, irrespective of their occupational category. Thus action targeted directly at remuneration levels and the methodology used to establish them may prove to be helpful in reducing the earnings gap. Noting also that the earnings gap is reduced as women’s skills increase, the Committee hopes that the Government will continue its efforts in widening skill choices for women, enhancing skill development and promoting entrepreneurship skill training.

3. The Committee notes the adoption on 23 April 1999 of the Act regulating the Minimum Wage, the Method of Wages Adjustment and the Allowance for Annual Leave for the Period from 1999 to 2001, introducing a general and uniform minimum wage for all workers, which replaces the Act of 1997. It notes the introduction of the possibility of a mandatory fine in order to ensure compliance. The Committee also notes the Government’s statement that labour inspectors collaborate with the payments agency in order to ensure the implementation of the minimum wage. The Committee views minimum wages as an important means of promoting application of the Convention as they guarantee equal wages for men and women in lower paid jobs. The Committee therefore asks the Government to provide information on the application in practice of the 1999 Act and on all measures taken to ensure its full enforcement.

4. The Committee notes that the publication "Women in Slovenia in the 1990s", published by the Women’s Policy Office in 1998, indicates that discrimination against women is increasingly apparent in the labour market and that different forms of action need to be taken. It asks the Government to keep it informed of the action taken by the Women’s Policy Office to promote the principle of equal remuneration for men and women workers for work of equal value.

5. The Committee notes the Government’s awareness of existing differentials and the measures taken to identify the causes of and obstacles to the achievement of equal pay for women, including growing unemployment and women’s primary role of being responsible for families and households and the negative impact that this has on the position of women in the labour market. The Committee notes the impressive plan set out in the report to tackle these issues and notes with interest the indicators for measuring the efficiency of results, including: the share of women in the labour force; the share of unemployed women; the share of women entrepreneurs; the growth in the employment rate; the average wages of women expressed as a percentage of the average wages of men; and the share of women in individual sectors, educational and training programmes and occupations. However, the Committee also notes that none of the actions specifically includes the direct targeting of wages or the ways in which they are determined. It is the Committee’s view that, within a comprehensive effort to promote equality, remuneration and job evaluation must be directly addressed in order to promote the application of the Convention. The Committee would be grateful for information on the existence and impact of any measures directed specifically at promoting equal remuneration.

6. The Committee notes the Government’s publication "National employment action plan for the years 2000 and 2001", which enumerates the various measures to be taken to combat the rising unemployment rates of women workers through different programmes and projects. The Committee also notes the "Strategic goals of labour market development up to 2006: Employment policy and its implementation programmes", which is a joint employment policies overview aimed at preparing the country for cooperation and the harmonization of policies within the European Union. The Committee welcomes the different measures to be taken to promote women workers, among them the "Programme to encourage the professional promotion of women", aimed at ensuring a higher quality of employment opportunities for women, improving their economic position and achieving a more equal position for women in society in general. The Committee hopes that these promotional programmes and projects will ensure the principle of equal remuneration for men and women workers for work of equal value and asks the Government to supply information in its next report on all action taken to ensure compliance with the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU), on 14 May 2002, on the application of Convention No. 100, alleging, inter alia, wage discrimination between men and women. In this regard, the Committee refers to its comments under Convention No. 111.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided in the Government’s report and the attached documentation.

1. The Committee notes the Government’s statement of its intention to adopt new labour legislation. The Committee hopes that the Government will take the opportunity afforded by its review of labour laws to ensure legislative conformity with the principle of equal remuneration for men and women workers for work of equal value, as contained in the Convention, and asks the Government to submit all relevant newly adopted legislation with its next report.

2. The Committee notes from the statistical data attached to the Government’s report that in 1998 women’s average gross monthly earnings were 23.4 per cent lower than those of men. While the wage differential between men and women was found at all professional levels, it was smallest for highly skilled persons, where women’s average monthly gross earnings were 6.8 per cent lower than those of men. The Committee points out once again the confirmation in statistical data that, even where there are equal levels of education or vocational qualifications, women still systematically earn less than men, irrespective of their occupational category. Thus action targeted directly at remuneration levels and the methodology used to establish them may prove to be helpful in reducing the earnings gap. Noting also that the earnings gap is reduced as women’s skills increase, the Committee hopes that the Government will continue its efforts in widening skill choices for women, enhancing skill development and promoting entrepreneurship skill training.

3. The Committee notes the adoption on 23 April 1999 of the Act regulating the Minimum Wage, the Method of Wages Adjustment and the Allowance for Annual Leave for the Period from 1999 to 2001, introducing a general and uniform minimum wage for all workers, which replaces the Act of 1997. It notes the introduction of the possibility of a mandatory fine in order to ensure compliance. The Committee also notes the Government’s statement that labour inspectors collaborate with the payments agency in order to ensure the implementation of the minimum wage. The Committee views minimum wages as an important means of promoting application of the Convention as they guarantee equal wages for men and women in lower paid jobs. The Committee therefore asks the Government to provide information on the application in practice of the 1999 Act and on all measures taken to ensure its full enforcement.

4. The Committee notes that the publication "Women in Slovenia in the 1990s", published by the Women’s Policy Office in 1998, indicates that discrimination against women is increasingly apparent in the labour market and that different forms of action need to be taken. It asks the Government to keep it informed of the action taken by the Women’s Policy Office to promote the principle of equal remuneration for men and women workers for work of equal value.

5. The Committee notes the Government’s awareness of existing differentials and the measures taken to identify the causes of and obstacles to the achievement of equal pay for women, including growing unemployment and women’s primary role of being responsible for families and households and the negative impact that this has on the position of women in the labour market. The Committee notes the impressive plan set out in the report to tackle these issues and notes with interest the indicators for measuring the efficiency of results, including: the share of women in the labour force; the share of unemployed women; the share of women entrepreneurs; the growth in the employment rate; the average wages of women expressed as a percentage of the average wages of men; and the share of women in individual sectors, educational and training programmes and occupations. However, the Committee also notes that none of the actions specifically includes the direct targeting of wages or the ways in which they are determined. It is the Committee’s view that, within a comprehensive effort to promote equality, remuneration and job evaluation must be directly addressed in order to promote the application of the Convention. The Committee would be grateful for information on the existence and impact of any measures directed specifically at promoting equal remuneration.

6. The Committee notes the Government’s publication "National employment action plan for the years 2000 and 2001", which enumerates the various measures to be taken to combat the rising unemployment rates of women workers through different programmes and projects. The Committee also notes the "Strategic goals of labour market development up to 2006: Employment policy and its implementation programmes", which is a joint employment policies overview aimed at preparing the country for cooperation and the harmonization of policies within the European Union. The Committee welcomes the different measures to be taken to promote women workers, among them the "Programme to encourage the professional promotion of women", aimed at ensuring a higher quality of employment opportunities for women, improving their economic position and achieving a more equal position for women in society in general. The Committee hopes that these promotional programmes and projects will ensure the principle of equal remuneration for men and women workers for work of equal value and asks the Government to supply information in its next report on all action taken to ensure compliance with the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the Government's report and the attached documentation. It also notes that the draft Law on Labour Relations which, among other provisions, requires employers to pay workers equal remuneration for equal work as well as for work of equal value, regardless of gender, has not yet been adopted. It hopes that this text will be adopted in the very near future and that the Government will provide the Committee with a copy.

2. In its previous direct request, the Committee asked the Government to provide information on the implementation of the Act of 26 June 1997 on Minimum Wage Determination and Adjustment of Wages and on the corresponding Regulations of 7 May 1997. It notes that on 27 January 1998, the Government adopted an Act amending and supplementing the Act of 26 June 1997, as well as regulations respecting remuneration from employment on 21 January 1999. The Committee would be grateful if the Government would indicate the extent to which these new texts have amended the former texts and to provide information on their application in practice as regards the principle set out in the Convention.

3. The Committee notes two reports published in 1998, one by the Labour Inspectorate and the other by the Ombudsman, on the situation of human rights in Slovenia. It notes that no part of these two reports specifically addresses the issue of the application in practice of the principle set out by the Convention, namely equal remuneration between men and women workers for work of equal value. Nevertheless, in the initial report which it submitted to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW/C/SVN/1), the Committee notes that the Government expressed concern at the persistence of traditional stereotypes of women and certain de facto forms of discrimination against women. With regard to education, it indicated that, although women in general have a high level of education, there remain marked differences in the choice of occupation in relation to men, with women being more attracted to the occupations which are traditionally reserved for them. The Committee notes that this situation is confirmed by the statistics provided by the Government in its report, which show that, for equal levels of education or vocational qualifications, women earn systematically less than the average monthly wage, irrespective of their category, whereas their male colleagues systematically earn more than the average wage, also irrespective of their category. For example, while the average monthly wage for a doctor in Slovenia is 319,795 tolars, a woman doctor earns on average 273,646 tolars, compared with 331,078 for her male colleague, or 82.7 per cent of the earnings of the male colleague.

4. This situation demonstrates that it is not sufficient to prohibit open and directly identifiable discrimination in order to eliminate discrimination. It is also necessary to take into account past discrimination and correct its effects. Indeed, experience shows that many of the difficulties encountered in achieving equal remuneration are closely related to the general status of women and men in employment and in society. The Committee therefore requests the Government to provide information on the measures which have been taken or are envisaged to extend the range of occupations which can be selected by women, guarantee their access to different levels of employment, and particularly the higher levels, and promote their attainment of positions of responsibility. In this respect, the Committee draws the Government's attention to the suggestions and recommendations of the United Nations Committee on the Elimination of Discrimination Against Women (A/52/38/Re.1, paragraphs 81-122).

5. With reference to the 1998 report of the Labour Inspectorate, the Committee notes that, due to the numerous complaints of violations of the law respecting minimum wages, labour inspectors limit their supervision to checking whether workers receive at least the minimum wage. It also notes that employers set wages which are lower than the minimum wage in certain fields, such as retail, catering and construction. The Committee therefore requests the Government to provide information on the manner in which the application of the Convention in practice is ensured.

6. Finally, the Committee would be grateful if the Government would provide it with a copy of the report of the Office for Women's Policy, which was referred to as being attached to the report, but which has not been received.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the adoption of the Act of 26 June 1997 on Minimum Wage Determination and Adjustment of Wages as well as the Regulations of 7 May 1997 to amend and supplement the Regulations to implement measures of active employment policy. The Committee requests the Government to provide information further to the implementation of the Act and the Regulations related to the application of the Convention.

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government's report and the attached documentation, including the General Collective Agreement for the Economic Sector and the Collective Agreement for the Non-Economic Sector and the statistical data on average monthly gross earnings in enterprises and other organizations. It also notes the provisions of the Act concerning Rates of Pay in Public Institutions, State Bodies and Local Community Bodies, 1992, and the information provided in the Government's 1993 report on the application of the UN Convention on the Elimination of All Forms of Discrimination against Women.

1. With reference to its previous comments on the Government's first report, the Committee notes with interest that draft labour legislation, which is in the final stage of preparation, includes provisions to prohibit discrimination explicitly. The draft legislation also provides that employers are obliged to pay their workers equal pay for equal work and for work of equal value, regardless of gender. All provisions of employment contracts, collective agreements and general acts of employers which are not in accordance with the equal pay provision will be null and void. The Committee looks forward to receiving copies of the text once it has been adopted.

2. The Committee notes that no special generally applicable method has been adopted to ensure an objective appraisal of work performed. It notes, however, the wage (and additional) tariffs set out in the general collective agreements furnished by the Government. It also notes that wages are levelled generally according to the degree of education required for particular jobs, the initial levelling having been done on the basis of an analysis of the requirements of different jobs, which are then ranked accordingly. The Committee would be grateful if the Government would supply copies of the relevant collective agreements from time to time with its reports on the application of the Convention.

3. The Committee notes with interest the provisions of the Human Rights Ombudsman Act, 1993. It also notes that, according to the report, no reports concerning equal remuneration had been made to the Ombudsman since that office began operating in January 1995. Please supply information on any action taken by the Ombudsman to ensure and promote the principle of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information contained in the Government's report and the attached documentation, including the General Collective Agreement for the Economic Sector and the Collective Agreement for the Non-Economic Sector and the statistical data on average monthly gross earnings in enterprises and other organizations. It also notes the provisions of the Act concerning Rates of Pay in Public Institutions, State Bodies and Local Community Bodies, 1992, and the information provided in the Government's 1993 report on the application of the UN Convention on the Elimination of All Forms of Discrimination against Women.

1. With reference to its previous comments on the Government's first report, the Committee notes with interest that draft labour legislation, which is in the final stage of preparation, includes provisions to prohibit discrimination explicitly. The draft legislation also provides that employers are obliged to pay their workers equal pay for equal work and for work of equal value, regardless of gender. All provisions of employment contracts, collective agreements and general acts of employers which are not in accordance with the equal pay provision will be null and void. The Committee looks forward to receiving copies of the text once it has been adopted.

2. The Committee notes that no special generally applicable method has been adopted to ensure an objective appraisal of work performed. It notes, however, the wage (and additional) tariffs set out in the general collective agreements furnished by the Government. It also notes that wages are levelled generally according to the degree of education required for particular jobs, the initial levelling having been done on the basis of an analysis of the requirements of different jobs, which are then ranked accordingly. The Committee would be grateful if the Government would supply copies of the relevant collective agreements from time to time with its reports on the application of the Convention.

3. The Committee notes with interest the provisions of the Human Rights Ombudsman Act, 1993. It also notes that, according to the report, no reports concerning equal remuneration had been made to the Ombudsman since that office began operating in January 1995. Please supply information on any action taken by the Ombudsman to ensure and promote the principle of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information contained in the Government's first report and requests the Government to provide additional information on the following points.

1. Article 2 of the Convention. Noting from the Government's report that no explicit reference is made in the 1991 Constitution, the legislation or the General Collective Agreement for the Economic Sector (1990-92) to the principle of equal remuneration between men and women for work of equal value, the Committee requests the Government to give consideration to including such a reference, in future revisions of labour legislation or collective agreements, so as to ensure the application of this principle to all workers. It would be grateful if the Government would indicate in its next report all steps that it has taken in this regard to apply the principle of the Convention through national laws or regulations, legally established or recognized machinery for wage determination or collective agreements between employers and workers.

2. The Committee notes from the Government's report that the method of calculating the amount of remuneration and other emoluments is contained in collective agreements. The Committee therefore requests the Government to supply with its next report copies of the commercial and non-commercial general collective agreements referred to in the Government's report, and any other organizational rules which govern wage determination or appraisal of work performed.

3. Article 3. The Committee notes from the report that no special generally applicable method has been adopted to ensure objective appraisal of the quality of work performed. The Committee requests the Government to provide further information on the actual methods used and the criteria employed by supervisors to evaluate the work performed. It also requests the Government to indicate the measures that have been taken to promote an objective appraisal of jobs on the basis of the work to be performed in order to ensure that sex-based discriminatory criteria are not taken into consideration.

4. Article 4. The Committee would be grateful if the Government would provide information on measures of cooperation undertaken between the Government and employers' and workers' organizations, and information on the activities of the Office of Women's Policy, to promote application of the principle contained in the Convention.

5. The Committee would appreciate the Government supplying with its next report:

(i) the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels; and

(ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications.