Workers with Family Responsibilities Convention, 1981 (No. 156) - Slovenia (Ratification: 1992)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. Other members of the immediate family. The Committee takes note of the Government’s indication that in Slovenia about 4,000 persons require personal assistance, with about 8,000 personal assistants; and that about 30 per cent of the personal assistants are family members. Noting that the Government does not provide data in this regard, the Committee requests statistical information on the total number of persons taking care of family members (dependent children and other family members who may still need support), and on the types of measures used in practice to ensure that such responsibilities do not restrict the possibilities of these workers of preparing for, entering, participating in or advancing in economic activity, beyond the provision of cash benefits to act as personal assistants to their family members.

Articles 4 and 8. Termination of employment. The Committee notes the indication of the Government that in 2019, the Labour Inspectorate gave its consent to the termination of the employment contracts of workers with family responsibilities in 47 cases, in 2020 in 21 cases, and in 25 cases in 2021. The Committee also notes the indication by the Government that the Office of the Advocate of the Principle of Equality, responsible for the implementation of the Protection Against Discrimination Act (ZVarD) which prohibits discrimination on the basis of personal circumstances (section 1), did not deal with any cases of termination of contract for workers with family responsibilities during the reporting period. The Committee requests the Government to provide more detailed information about the circumstances of these cases in the future, so as to identify the number of requests for consent to terminate the contract addressed to the Labour Inspectorate with the view of assessing the rate of acceptance of such requests, as well as information on the number of termination of employment of workers with family responsibilities, performed without previous consent and in violation of the legislation. The Committee also requests information on the activities of the Office of the Advocate of the Principle of Equality in relation with this specific issue (such as information on the awareness raising activities on this matter, number of cases addressed, etc.).

Article 5. Childcare and family services and facilities. The Committee takes note of the statistics provided by the Government on the number of children who have access to kindergartens, showing that in 2016, 78.7 per cent of children had access to a kindergarten (there were 946 kindergartens with 11,960 professionals); that in 2022, 83.7 per cent of children had access to a kindergarten (there were 980 kindergartens with 13,200 professionals); and that there are 105 preschool education programmes for children with special needs. The Committee also takes note of the information provided by the Government about the recommendations issued by the Office of the Advocate of the Principle of Equality on a proposed Long-Term Care Act. In this regard, it notes that the Advocate pointed out that the age limitation to have access to personal assistance (65 years old) as being discriminatory and made recommendations for investments in the development of services to reduce the burden on informal carers and improve the quality and independence of life of those who need care. The Committee asks the Government to continue to provide detailed information about the availability and sufficiency of childcare services for workers with family responsibilities. It further asks the Government to provide more information about access to other facilities, services and programs for children or adults with disabilities, which would allow workers with responsibilities of persons with disabilities to enter or re-enter employment. Please keep the Committee informed on any development regarding the proposed adoption of the Long-Term Care Act and on whether the recommendations of the Advocate of the Principle of Equality on matters related to the Convention have been taken into account.

Article 6. Information and education. The Committee takes note that the objectives of the ‘Resolution on the National Programme for Equal Opportunities between Women and Men (2015-2020) was to eliminate gender stereotypes in society, families and partnerships, to promote an equal distribution of care and household work and that a series of activities were carried out to this end, including for example, the “Aktivni.Vsi” project and the “Dad in Action” project, conducted under the hospices of the Ministry of Labour, Family and Social Affairs and Equal Opportunities in 2016/2017 and 2020 respectively. It notes that in the context of the “Dad in Action” project, a pilot test implementing new organizational solutions to better balance work and parental responsibilities for fathers was introduced in four organizations form the public and private sector. The Committee also notes that the Government indicates that the National Programme for Equal Opportunities between Women and Men was renewed up to 2030. Recalling the importance of education and awareness-raising campaigns: (1) to promote broader public understanding of the difficulties faced by workers with family responsibilities; (2i) to correct misinformation or contradict negative attitudes and beliefs vis-à-vis workers using flexible arrangements, while boosting their self-esteem, reducing self-stigma and promoting stress management; (3) to encourage men to participate more in family responsibilities; and (iv) to promote understanding of the benefits to society, families and the workplace of gender equality and a better balancing of work and family life (2023 General Survey, achieving gender equality at work, paragraph 169), the Committee notes that the Government does not provide information on whether activities are currently in place to promote education and awareness raising on the matters covered by the Convention. The Committee requests the Government to indicate whether new projects have been adopted, in the context of the National Programme for Equal Opportunities between Women and Men or otherwise to continue raising-awareness around workers with family responsibilities and to provide detailed information about the results of such programs. It also requests information on the result of the pilot test adopted in the context of the “Dad in Action” project.

Enforcement. The Committee notes that the Labour Inspectorate receives and provides periodic training in the field of non-discrimination. It also notes the specific information provided on the activities of the Office of the Advocate of the Principle of Equality, including that in 2021, it provided advice in 25 cases and found a discrimination in 4 cases; and as of May 2022, it provided advice in 14 cases and found a discrimination in 4 cases. The Committee notes that the Office of the Advocate of the Principle of Equality has concluded that the following practices were discriminatory: (1) the allocation of individual rewards that would adversely take account of the workers’ absence justified by family responsibilities (maternity, parental leaves, absence for care of children, etc.); (2) the reference in the performance appraisal of a public employee to his/her absence to attend to a new born; and (3) the lack of reasonable accommodation for the parent of a child with special needs. The Committee requests the Government to continue to provide information on the activities of the Labour Inspectorate and the Office of the Advocate of the Principle of Equality on matters covered by the Convention. It also requests the Government to indicate whether courts or tribunals have handed down decisions involving questions related to the application of the Convention and if so, to communicate a brief summary of the cases and their outcomes.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 3 and 4 of the Convention. National policy, non-discrimination, leave and benefits. Legislative developments. The Committee takes due note of the detailed information provided by the Government in its report on the legislative developments to transpose the European Union Directive No. 2019/1158 on work–life balance for parents and carers. In particular, it takes note of the following amendments to the Parental Protection and Family Benefits Act (ZSDP-1): (1) the introduction of more flexibility to use the paternity leave and the introduction of a parental leave for adoptive parents (Amendment ZSDP-1B); (2) the extension of paternity leave by ten days in the event of the birth of twins or multiple live births, (3) the increase of the minimum payment of maternal, paternal and parental benefits to equal the basic minimum income (Amendment ZSDP-1C); (4) the increase of the amount of partial payment for loss of income for parents or other person who takes care of two or more children with disabilities (Amendment ZSDP-1E); and (5) the alignment of maternal, paternal and parental leave entitlements to the requirements set in the above mentioned Directive (Amendment ZSDP-1F). The Government also indicates that another series of amendments to the Employment Relationship Act (ZDR-1) are under discussion, also to transpose the EU Directive 2019/1158, and that these amendments covers issues such as: (1) the reversal of the burden of proof in the event of a dispute related to exercising special protection due to carers’ leave; (2) the employer’s obligation to enable a better work–life balance; (3) the determination of absence from work due to carers’ leave as an unfounded reason for ordinary employment contract termination; and (4) a right to part-time or full-time absence from work for the purpose of using carers’ leave. The Committee notes the Government’s indication that 15,594 fathers used their paternity leave in 2020 and 23,906 in 2021. The Committee also notes the information included in the report on the activities of the Office of the Advocate of the Principle of Equality, including awareness-raising activities with workers’ and employers’ organizations, the publication and distribution of a special leaflet titled “Say no to discrimination of pregnant women and parents in the workplace”, and the current development of a Guide on the protection against discrimination and equal opportunities at work. The Committee requests the Government to provide information on: (i) the implementation in practice of the recent amendments to the Parental Protection and Family Benefits Act (ZSDP-1), such as statistical data disaggregated by sex, on the number of workers with family responsibilities exercising leave and working arrangement options provided for by the legislation; (ii) the amendments to the Employment Relationship Act (ZDR-1) that should be adopted to transpose the Directive of the European Union No. 2019/1158 on work–life balance for parents and carers; and (iii) the work of the Advocate of the Principle of Equality, especially with regards to spreading public awareness about legislative changes related to working parents.

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

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

Article 1 of the Convention. Other members of the immediate family. In its previous comment, noting the Government’s indication that it does not intend to extend the right to cash benefits under the Health Care and Insurance Act beyond employees caring for a sick child or spouse, the Committee asked the Government to provide information on measures taken or envisaged to implement the Convention with respect to other members of the immediate family who clearly need care and support, including persons living with disabilities, or the elderly, as envisaged under Article 1(3) of the Convention. In its report, the Government indicates that, under the conditions laid down by the Social Security Act (ZSV), a person with disabilities entitled to institutional care has the right to have a family attendant who provides assistance in the home environment instead of all-day institutional care. A family attendant may be a person who has the same permanent residence as the person with disabilities or a member of their family (father, mother, son, daughter, brother, sister, uncle, aunt, grandfather or grandmother, etc.). To qualify as a family attendant a person may either be removed from the register of unemployed persons or leave the labour market, in which case they have a right to payment for lost income. A family attendant may, however, be employed part-time, in which case they have a right to a proportional part of the payment for lost income (article 44 of the Act Amending and supplementing the Social Security Act (ZSV-B)). A family attendant shall have compulsory pension insurance, unemployment insurance and insurance for parental protection. With respect to additional measures taken to apply the Convention beyond taking care of sick children and spouses, the Committee notes that the Parental Protection and Family Benefits Act, passed in 2014, to transpose the European directive on parental leave (Council Directive 2010/18/EU of 8 March 2010) provides an entitlement to partial payment for lost income of a parent, or other person, who cares for and protects a child with either a severe disturbance in mental development, a severe disability in movement, or a serious disease. It also notes that this Act extends protections to adoptive parents and equalizes the status of social parents with that of biological parents with respect to some leaves and benefits.The Committee asks the Government to provide statistical information on: (i) the number and profile of the family attendants mentioned above, in particular the percentage of family members who are actually taking care of a family member who is considered to be a person with disabilities by the legislation; and (ii) the measures adopted to implement the Convention with respect to other members of the immediate family of workers who clearly need care and support, other than by extending the right to cash benefits beyond employees caring for a sick child or spouse.

Articles 4 and 8. Leave entitlements. Termination of employment. Previously the Committee asked the Government to provide information on: (i) the practical application of section 6.4 (which provides that less favourable treatment of workers in connection with pregnancy or parental leave is deemed to be discrimination) and section 115 (which extends the period of prohibition against termination during the period of pregnancy, breastfeeding or when on parental leave, to one month after taking such leave) of the Employment Relationship Act No. 42/02 (amended in 2007 by Act No. 103/07); and (ii) any relevant administrative or judicial decisions in relation thereto. The Committee noted that between two and 14 cases were identified annually when the employment contracts of parents were cancelled, contrary to section 155 of the Employment Relationship Act and, in the same period, between 15 and 64 cases annually where the inspectors consented to the cancellation of the employment contracts of parents. The Committee also notes from the detailed information in the Government’s report that one to 11 cases were identified annually in the same period in violation of the protection in relation to overtime and night work.The Committee asks the Government to continue to provide detailed information on the application of sections 115 and 186 of the Employment Relationship Act in relation to the protection against dismissal of workers based on their family responsibilities. Please also provide examples of cases in which there were “reasons for extraordinary termination”, cases in which there was the introduction of a procedure for termination by the employer and cases where the inspectors consented to the termination of employment of parents in which the labour inspectorate found that cancellations of contracts did not violate the protection against dismissal in section 115.

Article 5. Childcare and family services and facilities. The Committee notes from the information provided in the Government’s report that the number and percentage of children in kindergartens has risen from 75.9 per cent in 2011–12 to 78.1 per cent in 2015–16 and that the number of kindergartens has increased from 922 to 978.The Committee asks the Government to continue to provide information on the availability and sufficiency of childcare services for workers with family responsibilities. Please also provide information on the establishment of other relevant services and facilities, and on the practical impact of such services for workers with responsibilities of disabled persons to enter or re-enter employment.

Article 6. Information and education. The Committee asked the Government to continue to provide information on the measures taken or envisaged to raise awareness among workers and employers of the relevant laws and policies, and on the importance of adopting and implementing workplace policies to facilitate reconciliation of work and family responsibilities. Recalling that Article 11of the Convention provides for the right of workers’ and employers’ organizations to participate in the design and implementation of measures giving effect to the Convention, the Committee requested the Government to provide information on how the social partners are being involved in these efforts. The Committee notes the general information provided by the Government that, within the framework of the Economic and Social Council, social partners participate, monitor and address the situation in the economic and social fields, which also includes consideration of key documents from the field of work of the International Labour Organization and systemic legislation and key documents, including from the field of social rights and rights to compulsory insurance, work relations, the labour market, employment and occupational health and safety. The Committee notes also, from the concluding observations of the United Nations Committee on the Elimination of all Forms of Discrimination Against Women issued on 24 November 2015 (CEDAW/c/SVN/CO/5-6, paragraphs 17–18) that various educational, awareness-raising and training measures have been taken to eliminate discriminatory stereotypes, encourage equal sharing between women and men of parenting responsibilities and promote the reconciliation of work and family life. The CEDAW is concerned, however, about the persistence of stereotypes regarding the roles and responsibilities of women and men in the family and in society that perpetuate traditional roles of women as mothers and housewives and undermine women’s social status and their educational and career prospects.Consequently, the Committee encourages the Government to strengthen awareness-raising and education initiatives for both women and men, employers and workers, and society at large, to bring about better understanding of the problems encountered by all workers with family responsibilities and the importance of promoting equality between men and women with family responsibilities as well as facilitate the reconciliation between work and family responsibilities. Please report on any specific activities undertaken toward this end, including with the participation of employers’ and workers’ organizations, and the results achieved in terms of applying the provisions of this Convention.

Enforcement. The Committee thanks the Government for the detailed information provided on the action taken by the labour inspectorate and the number and nature of violations of provisions on non-discrimination of persons due to their family responsibilities contained in the Employment Relationship Act, and in the Parental Protection and Family Benefits Act restricting overtime and night work.The Committee asks the Government to continue to provide information on any findings with respect to discrimination, dismissal, leaves, overtime and night work based on family responsibilities by the labour inspectorate and the Advocate of the Principle of Equality, as well as the outcome of the cases, including the remedies provided. Please also continue to provide information on the effectiveness of the mechanisms available for workers to complain about violations of their rights and entitlements relevant to the application of the Convention. Noting the preventive approach taken by the labour inspectorate, please provide information on the training received and given by labour inspectors to promote a better understanding and enforcement of the legal rights and entitlements of workers with family responsibilities in both the public and private sectors.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 3 and 4 of the Convention. National policy, non-discrimination, leaves and benefits. Legislative developments. The Committee notes with interest the substantial amendments to the Parental Protection and Family Benefits Act in 2014, 2015, 2017 and 2018, which have the objective of transposing European legislation, including Council Directive 2010/18/EU, and of facilitating a more equal distribution of parental protection and childcare responsibilities between both parents. The Committee welcomes the various entitlements provided under the Act, including longer paternity leave, paternity leave benefit, parental leave for both parents, parental leave benefits, the possibility of reduction from full-time to part-time work, and other family and child support allowances and assistance. The Committee also notes the adoption of the Protection against Discrimination Act 2016 which prohibits discrimination on the basis of a number of specified grounds and on the basis of “any other personal circumstance”, and which covers all areas of social life, including employment. It further notes that explanatory information about the 2016 Act on the official website of the Ministry of Labour, Family, Social Affairs and Equal Opportunities, indicates that an example of “any other personal circumstance” could be “parental or other family status”. The Committee notes the adoption on 20 June 2019 of EU Directive 2019/1158 on work–life balance for parents and carers, repealing Council Directive 2010/18/EU on parental leave.Noting the recent adoption of EU Directive 2019/1158 on work–life balance, the Committee asks the Government to provide information on: (i) the steps taken to transpose it into its national legislation; (ii) the manner in which the Parental Protection and Family Benefits Act of 2014, as amended, has been implemented in practice by both men and women taking up the various entitlements provided under the Act; (iii) the impact of this Act on any increase in the use of these measures by men; and (iv) the manner in which the Protection against Discrimination Act 2016 has been implemented to promote application of the Convention with respect to non-discrimination in employment of persons with family responsibilities, including any action taken under the office of the Advocate of the Principle of Equality.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 1 of the Convention. Other members of the immediate family. In its previous comment, noting the Government’s indication that it does not intend to extend the right to cash benefits under the Health Care and Insurance Act beyond employees caring for a sick child or spouse, the Committee asked the Government to provide information on measures taken or envisaged to implement the Convention with respect to other members of the immediate family who clearly need care and support, including persons living with disabilities, or the elderly, as envisaged under Article 1(3) of the Convention. In its report, the Government indicates that, under the conditions laid down by the Social Security Act (ZSV), a person with disabilities entitled to institutional care has the right to have a family attendant who provides assistance in the home environment instead of all-day institutional care. A family attendant may be a person who has the same permanent residence as the person with disabilities or a member of their family (father, mother, son, daughter, brother, sister, uncle, aunt, grandfather or grandmother, etc.). To qualify as a family attendant a person may either be removed from the register of unemployed persons or leave the labour market, in which case they have a right to payment for lost income. A family attendant may, however, be employed part-time, in which case they have a right to a proportional part of the payment for lost income (article 44 of the Act Amending and supplementing the Social Security Act (ZSV-B)). A family attendant shall have compulsory pension insurance, unemployment insurance and insurance for parental protection. With respect to additional measures taken to apply the Convention beyond taking care of sick children and spouses, the Committee notes that the Parental Protection and Family Benefits Act, passed in 2014, to transpose the European directive on parental leave (Council Directive 2010/18/EU of 8 March 2010) provides an entitlement to partial payment for lost income of a parent, or other person, who cares for and protects a child with either a severe disturbance in mental development, a severe disability in movement, or a serious disease. It also notes that this Act extends protections to adoptive parents and equalizes the status of social parents with that of biological parents with respect to some leaves and benefits. The Committee asks the Government to provide statistical information on: (i) the number and profile of the family attendants mentioned above, in particular the percentage of family members who are actually taking care of a family member who is considered to be a person with disabilities by the legislation; and (ii) the measures adopted to implement the Convention with respect to other members of the immediate family of workers who clearly need care and support, other than by extending the right to cash benefits beyond employees caring for a sick child or spouse.

Articles 4 and 8. Leave entitlements. Termination of employment. Previously the Committee asked the Government to provide information on: (i) the practical application of section 6.4 (which provides that less favourable treatment of workers in connection with pregnancy or parental leave is deemed to be discrimination) and section 115 (which extends the period of prohibition against termination during the period of pregnancy, breastfeeding or when on parental leave, to one month after taking such leave) of the Employment Relationship Act No. 42/02 (amended in 2007 by Act No. 103/07); and (ii) any relevant administrative or judicial decisions in relation thereto. The Committee noted that between two and 14 cases were identified annually when the employment contracts of parents were cancelled, contrary to section 155 of the Employment Relationship Act and, in the same period, between 15 and 64 cases annually where the inspectors consented to the cancellation of the employment contracts of parents. The Committee also notes from the detailed information in the Government’s report that one to 11 cases were identified annually in the same period in violation of the protection in relation to overtime and night work. The Committee asks the Government to continue to provide detailed information on the application of sections 115 and 186 of the Employment Relationship Act in relation to the protection against dismissal of workers based on their family responsibilities. Please also provide examples of cases in which there were “reasons for extraordinary termination”, cases in which there was the introduction of a procedure for termination by the employer and cases where the inspectors consented to the termination of employment of parents in which the labour inspectorate found that cancellations of contracts did not violate the protection against dismissal in section 115.

Article 5. Childcare and family services and facilities. The Committee notes from the information provided in the Government’s report that the number and percentage of children in kindergartens has risen from 75.9 per cent in 2011–12 to 78.1 per cent in 2015–16 and that the number of kindergartens has increased from 922 to 978. The Committee asks the Government to continue to provide information on the availability and sufficiency of childcare services for workers with family responsibilities. Please also provide information on the establishment of other relevant services and facilities, and on the practical impact of such services for workers with responsibilities of disabled persons to enter or re-enter employment.

Article 6. Information and education. The Committee asked the Government to continue to provide information on the measures taken or envisaged to raise awareness among workers and employers of the relevant laws and policies, and on the importance of adopting and implementing workplace policies to facilitate reconciliation of work and family responsibilities. Recalling that Article 11 of the Convention provides for the right of workers’ and employers’ organizations to participate in the design and implementation of measures giving effect to the Convention, the Committee requested the Government to provide information on how the social partners are being involved in these efforts. The Committee notes the general information provided by the Government that, within the framework of the Economic and Social Council, social partners participate, monitor and address the situation in the economic and social fields, which also includes consideration of key documents from the field of work of the International Labour Organization and systemic legislation and key documents, including from the field of social rights and rights to compulsory insurance, work relations, the labour market, employment and occupational health and safety. The Committee notes also, from the concluding observations of the United Nations Committee on the Elimination of all Forms of Discrimination Against Women issued on 24 November 2015 (CEDAW/c/SVN/CO/5-6, paragraphs 17–18) that various educational, awareness-raising and training measures have been taken to eliminate discriminatory stereotypes, encourage equal sharing between women and men of parenting responsibilities and promote the reconciliation of work and family life. The CEDAW is concerned, however, about the persistence of stereotypes regarding the roles and responsibilities of women and men in the family and in society that perpetuate traditional roles of women as mothers and housewives and undermine women’s social status and their educational and career prospects. Consequently, the Committee encourages the Government to strengthen awareness-raising and education initiatives for both women and men, employers and workers, and society at large, to bring about better understanding of the problems encountered by all workers with family responsibilities and the importance of promoting equality between men and women with family responsibilities as well as facilitate the reconciliation between work and family responsibilities. Please report on any specific activities undertaken toward this end, including with the participation of employers’ and workers’ organizations, and the results achieved in terms of applying the provisions of this Convention.

Enforcement. The Committee thanks the Government for the detailed information provided on the action taken by the labour inspectorate and the number and nature of violations of provisions on non-discrimination of persons due to their family responsibilities contained in the Employment Relationship Act, and in the Parental Protection and Family Benefits Act restricting overtime and night work. The Committee asks the Government to continue to provide information on any findings with respect to discrimination, dismissal, leaves, overtime and night work based on family responsibilities by the labour inspectorate and the Advocate of the Principle of Equality, as well as the outcome of the cases, including the remedies provided. Please also continue to provide information on the effectiveness of the mechanisms available for workers to complain about violations of their rights and entitlements relevant to the application of the Convention. Noting the preventive approach taken by the labour inspectorate, please provide information on the training received and given by labour inspectors to promote a better understanding and enforcement of the legal rights and entitlements of workers with family responsibilities in both the public and private sectors.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 3 and 4 of the Convention. National policy, non-discrimination, leaves and benefits. Legislative developments. The Committee notes with interest the substantial amendments to the Parental Protection and Family Benefits Act in 2014, 2015, 2017 and 2018, which have the objective of transposing European legislation, including Council Directive 2010/18/EU, and of facilitating a more equal distribution of parental protection and childcare responsibilities between both parents. The Committee welcomes the various entitlements provided under the Act, including longer paternity leave, paternity leave benefit, parental leave for both parents, parental leave benefits, the possibility of reduction from full-time to part-time work, and other family and child support allowances and assistance. The Committee also notes the adoption of the Protection against Discrimination Act 2016 which prohibits discrimination on the basis of a number of specified grounds and on the basis of “any other personal circumstance”, and which covers all areas of social life, including employment. It further notes that explanatory information about the 2016 Act on the official website of the Ministry of Labour, Family, Social Affairs and Equal Opportunities, indicates that an example of “any other personal circumstance” could be “parental or other family status”. The Committee notes the adoption on 20 June 2019 of EU Directive 2019/1158 on work–life balance for parents and carers, repealing Council Directive 2010/18/EU on parental leave. Noting the recent adoption of EU Directive 2019/1158 on work–life balance, the Committee asks the Government to provide information on: (i) the steps taken to transpose it into its national legislation; (ii) the manner in which the Parental Protection and Family Benefits Act of 2014, as amended, has been implemented in practice by both men and women taking up the various entitlements provided under the Act; (iii) the impact of this Act on any increase in the use of these measures by men; and (iv) the manner in which the Protection against Discrimination Act 2016 has been implemented to promote application of the Convention with respect to non-discrimination in employment of persons with family responsibilities, including any action taken under the office of the Advocate of the Principle of Equality.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 1 of the Convention. Other members of the immediate family. In its previous comment, noting the Government’s indication that it does not intend to extend the right to cash benefits under the Health Care and Insurance Act beyond employees caring for a sick child or spouse, the Committee asked the Government to provide information on measures taken or envisaged to implement the Convention with respect to other members of the immediate family who clearly need care and support, including persons living with disabilities, or the elderly, as envisaged under Article 1(3) of the Convention. In its report, the Government indicates that, under the conditions laid down by the Social Security Act (ZSV), a person with disabilities entitled to institutional care has the right to have a family attendant who provides assistance in the home environment instead of all-day institutional care. A family attendant may be a person who has the same permanent residence as the person with disabilities or a member of their family (father, mother, son, daughter, brother, sister, uncle, aunt, grandfather or grandmother, etc.). To qualify as a family attendant a person may either be removed from the register of unemployed persons or leave the labour market, in which case they have a right to payment for lost income. A family attendant may, however, be employed part-time, in which case they have a right to a proportional part of the payment for lost income (article 44 of the Act Amending and supplementing the Social Security Act (ZSV-B)). A family attendant shall have compulsory pension insurance, unemployment insurance and insurance for parental protection. With respect to additional measures taken to apply the Convention beyond taking care of sick children and spouses, the Committee notes that the Parental Protection and Family Benefits Act, passed in 2014, to transpose the European directive on parental leave (Council Directive 2010/18/EU of 8 March 2010) provides an entitlement to partial payment for lost income of a parent, or other person, who cares for and protects a child with either a severe disturbance in mental development, a severe disability in movement, or a serious disease. It also notes that this Act extends protections to adoptive parents and equalizes the status of social parents with that of biological parents with respect to some leaves and benefits. The Committee asks the Government to provide statistical information on: (i) the number and profile of the family attendants mentioned above, in particular the percentage of family members who are actually taking care of a family member who is considered to be a person with disabilities by the legislation; and (ii) the measures adopted to implement the Convention with respect to other members of the immediate family of workers who clearly need care and support, other than by extending the right to cash benefits beyond employees caring for a sick child or spouse.

Articles 4 and 8. Leave entitlements. Termination of employment. Previously the Committee asked the Government to provide information on: (i) the practical application of section 6.4 (which provides that less favourable treatment of workers in connection with pregnancy or parental leave is deemed to be discrimination) and section 115 (which extends the period of prohibition against termination during the period of pregnancy, breastfeeding or when on parental leave, to one month after taking such leave) of the Employment Relationship Act No. 42/02 (amended in 2007 by Act No. 103/07); and (ii) any relevant administrative or judicial decisions in relation thereto. The Committee noted that between two and 14 cases were identified annually when the employment contracts of parents were cancelled, contrary to section 155 of the Employment Relationship Act and, in the same period, between 15 and 64 cases annually where the inspectors consented to the cancellation of the employment contracts of parents. The Committee also notes from the detailed information in the Government’s report that one to 11 cases were identified annually in the same period in violation of the protection in relation to overtime and night work. The Committee asks the Government to continue to provide detailed information on the application of sections 115 and 186 of the Employment Relationship Act in relation to the protection against dismissal of workers based on their family responsibilities. Please also provide examples of cases in which there were “reasons for extraordinary termination”, cases in which there was the introduction of a procedure for termination by the employer and cases where the inspectors consented to the termination of employment of parents in which the labour inspectorate found that cancellations of contracts did not violate the protection against dismissal in section 115.

Article 5. Childcare and family services and facilities. The Committee notes from the information provided in the Government’s report that the number and percentage of children in kindergartens has risen from 75.9 per cent in 2011–12 to 78.1 per cent in 2015–16 and that the number of kindergartens has increased from 922 to 978. The Committee asks the Government to continue to provide information on the availability and sufficiency of childcare services for workers with family responsibilities. Please also provide information on the establishment of other relevant services and facilities, and on the practical impact of such services for workers with responsibilities of disabled persons to enter or re-enter employment.

Article 6. Information and education. The Committee asked the Government to continue to provide information on the measures taken or envisaged to raise awareness among workers and employers of the relevant laws and policies, and on the importance of adopting and implementing workplace policies to facilitate reconciliation of work and family responsibilities. Recalling that Article 11 of the Convention provides for the right of workers’ and employers’ organizations to participate in the design and implementation of measures giving effect to the Convention, the Committee requested the Government to provide information on how the social partners are being involved in these efforts. The Committee notes the general information provided by the Government that, within the framework of the Economic and Social Council, social partners participate, monitor and address the situation in the economic and social fields, which also includes consideration of key documents from the field of work of the International Labour Organization and systemic legislation and key documents, including from the field of social rights and rights to compulsory insurance, work relations, the labour market, employment and occupational health and safety. The Committee notes also, from the concluding observations of the United Nations Committee on the Elimination of all Forms of Discrimination Against Women issued on 24 November 2015 (CEDAW/c/SVN/CO/5-6, paragraphs 17–18) that various educational, awareness-raising and training measures have been taken to eliminate discriminatory stereotypes, encourage equal sharing between women and men of parenting responsibilities and promote the reconciliation of work and family life. The CEDAW is concerned, however, about the persistence of stereotypes regarding the roles and responsibilities of women and men in the family and in society that perpetuate traditional roles of women as mothers and housewives and undermine women’s social status and their educational and career prospects. Consequently, the Committee encourages the Government to strengthen awareness-raising and education initiatives for both women and men, employers and workers, and society at large, to bring about better understanding of the problems encountered by all workers with family responsibilities and the importance of promoting equality between men and women with family responsibilities as well as facilitate the reconciliation between work and family responsibilities. Please report on any specific activities undertaken toward this end, including with the participation of employers’ and workers’ organizations, and the results achieved in terms of applying the provisions of this Convention.

Enforcement. The Committee thanks the Government for the detailed information provided on the action taken by the labour inspectorate and the number and nature of violations of provisions on non-discrimination of persons due to their family responsibilities contained in the Employment Relationship Act, and in the Parental Protection and Family Benefits Act restricting overtime and night work. The Committee asks the Government to continue to provide information on any findings with respect to discrimination, dismissal, leaves, overtime and night work based on family responsibilities by the labour inspectorate and the Advocate of the Principle of Equality, as well as the outcome of the cases, including the remedies provided. Please also continue to provide information on the effectiveness of the mechanisms available for workers to complain about violations of their rights and entitlements relevant to the application of the Convention. Noting the preventive approach taken by the labour inspectorate, please provide information on the training received and given by labour inspectors to promote a better understanding and enforcement of the legal rights and entitlements of workers with family responsibilities in both the public and private sectors.

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

Articles 3 and 4 of the Convention. National policy, non-discrimination, leaves and benefits. Legislative developments. The Committee notes with interest the substantial amendments to the Parental Protection and Family Benefits Act in 2014, 2015, 2017 and 2018, which have the objective of transposing European legislation, including Council Directive 2010/18/EU, and of facilitating a more equal distribution of parental protection and childcare responsibilities between both parents. The Committee welcomes the various entitlements provided under the Act, including longer paternity leave, paternity leave benefit, parental leave for both parents, parental leave benefits, the possibility of reduction from full-time to part-time work, and other family and child support allowances and assistance. The Committee also notes the adoption of the Protection against Discrimination Act 2016 which prohibits discrimination on the basis of a number of specified grounds and on the basis of “any other personal circumstance”, and which covers all areas of social life, including employment. It further notes that explanatory information about the 2016 Act on the official website of the Ministry of Labour, Family, Social Affairs and Equal Opportunities, indicates that an example of “any other personal circumstance” could be “parental or other family status”. The Committee notes the adoption on 20 June 2019 of EU Directive 2019/1158 on work–life balance for parents and carers, repealing Council Directive 2010/18/EU on parental leave. Noting the recent adoption of EU Directive 2019/1158 on work–life balance, the Committee asks the Government to provide information on: (i) the steps taken to transpose it into its national legislation; (ii) the manner in which the Parental Protection and Family Benefits Act of 2014, as amended, has been implemented in practice by both men and women taking up the various entitlements provided under the Act; (iii) the impact of this Act on any increase in the use of these measures by men; and (iv) the manner in which the Protection against Discrimination Act 2016 has been implemented to promote application of the Convention with respect to non-discrimination in employment of persons with family responsibilities, including any action taken under the office of the Advocate of the Principle of Equality.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Legislative developments. The Committee notes that the new section 6(4) of the Employment Act (UR.I.RS, Nos 42/02 and 103/07) provides that less favourable treatment of workers in connection with pregnancy or parental leave is deemed to be discrimination; and that the new section 115 of the Employment Act extends the period of prohibition against termination during the period of pregnancy, breastfeeding or when on parental leave, and for one month after taking such leave. The Committee asks the Government to provide information on the practical application of sections 6(4) and 115 of the Employment Act, including information on any relevant administrative or judicial decisions.

Article 1 of the Convention. Other members of the immediate family. The Committee notes the Government’s indication that it does not intend to extend the right to cash benefits under the Health Care and Insurance Act beyond employees caring for a sick child or spouse. The Committee asks the Government to provide information on measures taken or envisaged to implement the Convention with respect to other members of the immediate family who clearly need care and support, including persons living with disabilities, or the elderly, as envisaged under Article 1(2) of the Convention.

Article 3. National policy. The Committee notes the Government’s indication concerning cooperation between the Advocate of the Principle of Equality and the labour inspectors with respect to cases of discrimination, under the Implementation of the Principle of Equal Treatment Act (ZUNEO-UPB1; Official Gazette of RS No. 93/07 Official Consolidated Text 1). It also notes that labour inspectors found three cases in 2006, 25 cases in 2007, 13 cases in 2008, and ten cases in 2009, of violations of section 26 of the Employment Act. The Committee further notes the Government’s indication that the labour inspectors encountered cases of consecutive fixed-term employment contracts, usually concluded for a very short term (a few months) with younger female workers who are likely to become pregnant, and that the Government intensified the supervision of the implementation of provisions concerning fixed-term employment contracts in 2006. With regard to the training for the labour inspectors, the Committee notes that the labour inspectors received advanced training regarding the issue of discrimination in December 2003. The Committee asks the Government to continue to provide information on the findings with respect to discrimination for the reason of family responsibilities by the labour inspectorate and the Advocate of the Principle of Equality, as well as the outcome of the cases, including remedies provided. It also asks the Government to provide statistical information, disaggregated by sex and age range, on the number of fixed-term employees, and to indicate how the issue of the concentration in fixed-term work of young females is addressed in the context of reconciling work and family responsibilities. Please also indicate the measures taken to provide ongoing training to labour inspectors to identify and resolve cases of non compliance.

Article 4. Leave entitlements. Recalling the adoption of the Parental Care and Family Benefits Act (No. 110/2003), as amended by Act No. 47/2006, the Committee asks the Government to provide information on the practical application of the Parental Care and Family Benefits Act, as well as information on measures taken to encourage a better sharing of family responsibilities between men and women, and to provide statistical information on leave take-up rates, disaggregated by sex.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s information on the number and percentage of children covered in kindergartens in the years from 2006–07 to 2010–11, and that the coverage is 75.3 per cent in the academic year 2010–11. The Committee asks the Government to continue to provide information on the availability of childcare facilities, and any measures to improve the availability and accessibility of childcare services for workers with family responsibilities. Please also provide information on the number and nature of services and facilities that exist to assist workers with family responsibilities regarding other dependent members of their family.

Article 6. Information and education. The Committee notes the Government’s indication that, from 2006, the Equal Opportunities Office, in cooperation with local communities, organized the “Daddy, get active!” campaign, which is aimed at encouraging fathers to spend active time with their children and to promote the distribution of obligations between both parents. It also notes that the Government has promoted the campaign on section 26(2) of the Employment Act. The Committee asks the Government to continue to provide information on the measures taken or envisaged to raise awareness among workers and employers of the relevant laws and policies, and on the importance of adopting and implementing workplace policies to facilitate reconciliation of work and family responsibilities. Recalling that Article 11 of the Convention provides for the right of workers’ and employers’ organizations to participate in the design and implementation of measures giving effect to the Convention, the Committee requests the Government to provide information on how the social partners are being involved in these efforts.

Article 7. Integration in the labour market. The Committee recalls the Government’s special programmes to promote women’s employment in the framework of the active employment policy. It notes the Government’s statistical information that the rate of women participating in active employment policies was 50.7 per cent in 2010, and the percentage of women among the unemployed was 47.7 per cent in the same year. The Committee asks the Government to provide information on the number of male and female workers returning to work following periods of childcare, and other measures taken to enable workers with family responsibilities, to re-enter the labour market after a period of leave, as well as the results achieved.

Article 8. Protection against dismissal. The Committee notes the statistical information provided by the Government, according to which there were 15 cases in 2006, 16 cases in 2007, 26 cases in 2008, 36 cases in 2009, and 38 cases in 2010, where the labour inspectorate gave consent to the termination of employment contracts of pregnant workers and parents pursuant to section 115(3) of the Employment Act; and there were four cases in 2007, four cases in 2008, seven cases in 2009, and two cases in 2010 detected as violating section 115 of the Employment Act, which prohibits termination of the employment contract during the period of pregnancy, breastfeeding or parental leave. It also notes the details of the court cases with regard to termination of employment concerning workers with family responsibilities. The Committee asks the Government to continue to provide information on the practical application of sections 89, 111 and 115 of the Employment Act, including detailed information on any relevant court cases.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislative developments. The Committee notes with interest that the new section 6(4) of the Employment Act (UR.I.RS, Nos 42/02 and 103/07) provides that less favourable treatment of workers in connection with pregnancy or parental leave is deemed to be discrimination; and that the new section 115 of the Employment Act extends the period of prohibition against termination during the period of pregnancy, breastfeeding or when on parental leave, and for one month after taking such leave. The Committee asks the Government to provide information on the practical application of sections 6(4) and 115 of the Employment Act, including information on any relevant administrative or judicial decisions.

Article 1 of the Convention. Other members of the immediate family. The Committee notes the Government’s indication that it does not intend to extend the right to cash benefits under the Health Care and Insurance Act beyond employees caring for a sick child or spouse. The Committee asks the Government to provide information on measures taken or envisaged to implement the Convention with respect to other members of the immediate family who clearly need care and support, including persons living with disabilities, or the elderly, as envisaged under Article 1(2) of the Convention.

Article 3. National policy. The Committee notes the Government’s indication concerning cooperation between the Advocate of the Principle of Equality and the labour inspectors with respect to cases of discrimination, under the Implementation of the Principle of Equal Treatment Act (ZUNEO-UPB1; Official Gazette of RS No. 93/07 Official Consolidated Text 1). It also notes that labour inspectors found three cases in 2006, 25 cases in 2007, 13 cases in 2008, and ten cases in 2009, of violations of section 26 of the Employment Act. The Committee further notes the Government’s indication that the labour inspectors encountered cases of consecutive fixed-term employment contracts, usually concluded for a very short term (a few months) with younger female workers who are likely to become pregnant, and that the Government intensified the supervision of the implementation of provisions concerning fixed-term employment contracts in 2006. With regard to the training for the labour inspectors, the Committee notes that the labour inspectors received advanced training regarding the issue of discrimination in December 2003. The Committee asks the Government to continue to provide information on the findings with respect to discrimination for the reason of family responsibilities by the labour inspectorate and the Advocate of the Principle of Equality, as well as the outcome of the cases, including remedies provided. It also asks the Government to provide statistical information, disaggregated by sex and age range, on the number of fixed-term employees, and to indicate how the issue of the concentration in fixed-term work of young females is addressed in the context of reconciling work and family responsibilities. Please also indicate the measures taken to provide ongoing training to labour inspectors to identify and resolve cases of non compliance.

Article 4. Leave entitlements. Recalling the adoption of the Parental Care and Family Benefits Act (No. 110/2003), as amended by Act No. 47/2006, the Committee asks the Government to provide information on the practical application of the Parental Care and Family Benefits Act, as well as information on measures taken to encourage a better sharing of family responsibilities between men and women, and to provide statistical information on leave take-up rates, disaggregated by sex.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s information on the number and percentage of children covered in kindergartens in the years from 2006–07 to 2010–11, and that the coverage is 75.3 per cent in the academic year 2010–11. The Committee asks the Government to continue to provide information on the availability of childcare facilities, and any measures to improve the availability and accessibility of childcare services for workers with family responsibilities. Please also provide information on the number and nature of services and facilities that exist to assist workers with family responsibilities regarding other dependent members of their family.

Article 6. Information and education. The Committee notes the Government’s indication that, from 2006, the Equal Opportunities Office, in cooperation with local communities, organized the “Daddy, get active!” campaign, which is aimed at encouraging fathers to spend active time with their children and to promote the distribution of obligations between both parents. It also notes that the Government has promoted the campaign on section 26(2) of the Employment Act. The Committee asks the Government to continue to provide information on the measures taken or envisaged to raise awareness among workers and employers of the relevant laws and policies, and on the importance of adopting and implementing workplace policies to facilitate reconciliation of work and family responsibilities. Recalling that Article 11 of the Convention provides for the right of workers’ and employers’ organizations to participate in the design and implementation of measures giving effect to the Convention, the Committee requests the Government to provide information on how the social partners are being involved in these efforts.

Article 7. Integration in the labour market. The Committee recalls the Government’s special programmes to promote women’s employment in the framework of the active employment policy. It notes the Government’s statistical information that the rate of women participating in active employment policies was 50.7 per cent in 2010, and the percentage of women among the unemployed was 47.7 per cent in the same year. The Committee asks the Government to provide information on the number of male and female workers returning to work following periods of childcare, and other measures taken to enable workers with family responsibilities, to re-enter the labour market after a period of leave, as well as the results achieved.

Article 8. Protection against dismissal. The Committee notes the statistical information provided by the Government, according to which there were 15 cases in 2006, 16 cases in 2007, 26 cases in 2008, 36 cases in 2009, and 38 cases in 2010, where the labour inspectorate gave consent to the termination of employment contracts of pregnant workers and parents pursuant to section 115(3) of the Employment Act; and there were four cases in 2007, four cases in 2008, seven cases in 2009, and two cases in 2010 detected as violating section 115 of the Employment Act, which prohibits termination of the employment contract during the period of pregnancy, breastfeeding or parental leave. It also notes the details of the court cases with regard to termination of employment concerning workers with family responsibilities. The Committee asks the Government to continue to provide information on the practical application of sections 89, 111 and 115 of the Employment Act, including detailed information on any relevant court cases.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1(2) of the Convention. Other members of the immediate family who clearly need care and support. The Committee notes that the Government currently does not intend to extend the right to compensation under the Health Care and Insurance Act beyond employees caring for a sick child or spouse. The Committee encourages the Government to consider extending the right to take sick leave to care for sick family members to other members of the immediate family who clearly need care and support, including persons living with a disability or the elderly, as envisaged under Article 1(2), and to provide information in its next report on any steps taken in this regard.

2. Article 3. Discrimination and termination based on family responsibilities. The Committee notes that the Government has published informational material concerning equal treatment and that the Equal Opportunities Office carried out a range of awareness-raising activities. The Committee welcomes that as a result of these efforts the number of discriminatory job advertisements has decreased substantially. However, the number of violations of the legal provision protecting workers from discrimination and termination on grounds of family status or obligations, pregnancy or parenthood dealt with by the labour inspectorate appears to be very low. According to the Government, this is due to the fact that many workers are still not aware of the protections available under the law. Others were afraid of losing their jobs, particularly because of their obligations as parents. The Government indicates that increased awareness raising would be necessary as well as better training of labour inspectors. The Committee requests the Government to provide information on the following:

(a)   measures taken to inform workers with family responsibilities of their rights and protection from discrimination based on such responsibilities available under the legislation;

(b)   measures taken to train labour inspectors to identify and resolve cases of non-compliance;

(c)   cases regarding discrimination and termination relating to family responsibilities brought before the courts and the Advocate for Equal Opportunities for Women and Men or the Advocate of the Principle of Equality, including their cooperation with the labour inspectorate.

3. Sharing of family responsibilities between women and men. The Committee notes from the Government’s report that 11,308 fathers (approximately two-thirds of all fathers) took paternity leave in 2005, but that only slightly more than 2 per cent of fathers used parental leave. The Committee requests the Government to continue to provide information on the measures taken to encourage a better sharing of family responsibilities between men and women and to provide statistical information on leave take-up rates, disaggregated by sex.

4. Article 5. Childcare services and facilities. The Committee notes that the Institute of Education is examining the situation and functioning of kindergartens with a view to developing proposals to adapt them better to the needs of working parents and children. The Ministry of Labour is planning to introduce programmes and services for home help. The Committee requests the Government to provide information on the implementation of these initiatives and, more generally, to provide an update on the existing private and public childcare facilities (number of facilities and children covered).

5. Article 7. Return to work following periods of childcare. The Committee notes that according to the Government, employees taking leave for family reasons remain integrated in working life. It also notes that the Government is implementing special programmes to promote women’s employment in the framework of the active employment policy. The Committee requests the Government to provide statistical information on the extent to which men and women return to work following periods of parental leave, as well as information on the extent to which employees return to full-time work following periods of care-related part-time work. Please also indicate how active employment policy measures have assisted workers with family responsibilities to become and remain integrated into the labour force.

6. Article 8. Termination of employment. The Committee notes that family obligations, sex or pregnancy, as well as temporary absence from work to care for a sick family member or on parental leave are unlawful reasons for regular termination (section 89). In addition, section 115 provides that the employer cannot terminate the contract of a pregnant or breastfeeding worker, or of parents on parental leave, except with the prior consent of the labour inspectorate for reasons allowing extraordinary termination or in case of cessation of the enterprise. Section 100(1) and (3) ensure that family responsibilities are taken into account in the case of collective dismissals. The Committee requests the Government to provide information on the practical application of these provisions, including detailed information on any relevant court cases.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Legislative developments. The Committee notes with satisfaction that legislation adopted during the reporting period consolidates and strengthens the range of available protection and entitlements for workers with family responsibilities and, as requested by the Committee, guarantees them to women and men on an equal footing. The Committee notes in particular that the Employment Act (Act No. 42/2002) prohibits direct and indirect discrimination based on a number of grounds, including family status and “other personal circumstances” and prohibits the employer from requesting from job applicants information on family or marital status, pregnancy or family planning (sections 6 and 26). The Committee welcomes that the Act places a general obligation on the employer “to allow the workers easier adjustment of their family and business obligations” (section 187) and recognizes the right to special protection in employment due to pregnancy and parenthood. In cases of disputes concerning the exercise of such special measures of protection, the burden of proof is on the employer.

2. The Committee also notes the adoption of the Parental Care and Family Benefits Act (Act No. 110/2003), which has been amended by Act No. 47/2006. Under the Act, workers have the right to take maternity leave, paternity leave (up to 90 days), parental leave (260 days for one child, extendable 90 days for each additional child) on the grounds of birth or adoption, either on a full-time or part-time basis. During such leave, wage compensation is guaranteed. In addition, both parents have the right to work part-time until the child reaches the age of three. The Committee particularly notes that these entitlements are also available to self-employed parents, including independent workers, private company owners and farmers and that, during part-time work, the State compensates the worker for lost income up to the level of the minimum wage and covers social security contributions. The Committee requests the Government to provide information on the practical application and enforcement of the abovementioned provisions of the Employment Act and the Parental Care and Family Benefits Act, including information on any relevant administrative or judicial decisions (facts, ruling and remedies provided or sanctions imposed).

3. Promotional measures. The Committee welcomes that in addition to providing a legislative framework for the application of the Convention, the Government is implementing a number of measures to promote the Convention’s application in practice under the National Programme for Equal Opportunities for Women and Men which includes as a specific objective, the harmonization of professional and private life and family obligations. In this context, the Committee particularly notes that guidelines and recommendations for companies on measures for work–family reconciliation are currently being developed. In addition, an annual award competition for family friendly companies is under preparation. The Committee also notes that a study on the situation of single parents with regard to reconciliation of work and family obligations is being carried out. The Committee requests the Government to continue to provide information on the implementation of these measures, including in particular on measures to raise awareness among workers and employers of the relevant laws and policies, and on the importance of adopting and implementing workplace policies to facilitate reconciliation of work and family responsibilities. Recalling that Article 11 of the Convention provides for the right of workers’ and employers’ organizations to participate in the design and implementation of measures giving effect to the Convention, the Committee requests the Government to provide information on how the social partners are being involved in these efforts.

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

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the detailed information contained in the Government’s report and also the comments by the Association of Free Trade Unions of Slovenia, annexed to the report.

1.  The Committee notes that a draft of a new Employment Act is currently under discussion prior to adoption, establishing the general statutory validity of all agreements concluded between employees and employers concerning employment relations. It notes from the report that this new Act provides for increased protection for the family responsibilities of workers, on an equal basis for men and for women, without assuming that it is women who are first and foremost responsible for them. It further notes that the draft Act also includes a formal prohibition of discrimination in employment and recruitment on the basis of family responsibilities, provides for arrangements for nursing mothers, and sets out a series of guidelines for the order of lay-off of workers in case of collective terminations, etc. The Committee would be interested to receive a copy of the Act once adopted.

2.  The Committee notes in the comments made by the Association of Free Trade Unions of Slovenia regarding the Government’s report that, in practice, the position of women in the labour market is still very unfavourable, since employers continue to assume that women workers create an additional expense as a result of maternity. The Committee notes that when taking on workers or when concluding the employment contract, discrimination on the basis of family status is expressly forbidden under the draft new Act. It notes with interest that the employer may not, when taking on workers, ask or make the employment conditional on questions which are not directly linked to the nature of the work. In the event of a dispute, the burden of proof of the absence of discrimination lies with the employer. The draft of the new Act also contains a series of obligations on the employer regarding the ordering of working conditions in respect of occupational safety and health as concerns pregnant or nursing workers, or men and women workers having to care for a sick or handicapped child. In the light of the comments made by the union, the Committee requests the Government to supply information on the measures adopted to ensure effective application of the legal provisions protecting women against this type of discrimination in practice. Please also supply information on any programme implemented to raise public awareness of the importance of equality between men and women at the workplace and the importance of non-discrimination against workers with family responsibilities.

3.  The Committee notes with interest the creation in June 1995 of the Health Council within the Ministry of Labour, Family and Social Affairs, an advisory body composed of experts from all fields dealing with family affairs which contributes to the elaboration and improvement of the instruments of family policy in Slovenia. It requests the Government to keep it informed of all studies carried out by the Council in the field of employment and of the family, and of all activities which contribute to the application of the Convention.

4.  The Committee notes that the Parliamentary Commission for Equal Opportunities Policy within the National Assembly of the Republic of Slovenia, and the Office for Women’s Policy of the Government of the Republic of Slovenia are the two bodies responsible for establishing legislation regarding equal opportunity policy in Slovenia. It would be grateful if the Government would supply information on the activities of these two bodies regarding workers with family responsibilities. In particular, it would like to know whether measures have been taken or are under consideration by these bodies as regards the promotion of information and education which engender broader public understanding of the principle of equality of opportunity and treatment for men and women workers and for workers with family responsibilities. The Committee notes, from the statistical data annexed to the report and the comments of the Association of Free Trade Unions of Slovenia, that family responsibilities are largely borne by women, as shown by the very low number of fathers who exercise their right to family leave. However, equality of opportunity and of treatment for men and women may not be fully realized without more wide-ranging social reform and, in particular, fairer sharing of family responsibilities.

5.  The Committee notes the Government’s indication that older family members are not included among the direct family for whom workers may claim health insurance benefit when caring for a sick family member. The Government states that the inclusion of older family members as beneficiaries is not envisaged for the moment. The Committee notes this information and requests the Government to indicate in its future reports any extension in the scope of this protection.

6.  The Committee notes that a new Parental Leave and Family Allowances Act is at present under discussion for adoption. It asks the Government to supply a copy of the new Act once adopted.

7.  The Committee notes that the draft of the new Employment Act provides a number of guidelines regarding the order of lay-off of workers in case of collective termination of employment. These guidelines aim to ensure that the family and social situation of workers should be taken into account when choices are made, so as to protect workers with family responsibilities. The Committee notes from the comments by the Association of Free Trade Unions of Slovenia that, despite the protective provisions already in place, in practice women on maternity leave have often been chosen for redundancy, and are thus not covered by this legal protection. The Committee requests the Government to supply information on the methods whereby the protection established by the law is effectively implemented in practice.

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

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 reads as follows:

The Committee notes with interest the information provided in the Government's first report and attached documentation. It requests the Government to provide additional information on the following points.

1. Article 1 of the Convention. While noting that the provisions of the resolution on the Bases of Formulation of Family Policy (Official Gazette RS 40/93) accord with the principle of equality of opportunity and treatment in employment for men and women workers with family responsibilities, the Committee notes that the Labour Relations Act (Official Gazettes RS 14/90 and 5/91) accords certain rights relating to leave or to work reduced hours so as to care for young children to women workers under sections 45, 80, 81, 84 and 85. According to section 86, these rights may also be enjoyed by a working father if the working mother agrees. Moreover, section 86 allows all of these rights, together with the right to refuse overtime and night work under section 78, to accrue to a working father if the mother dies, deserts the child or becomes permanently or temporarily incapable of independent life and work. As legislative formulations which place the primary expectation for the assumption of family responsibilities on women -- rather than on both men and women workers -- are not in strict conformity with the Convention, the Committee would be grateful if the Government would consider taking measures to amend the legislation so as to conform with the provisions of the Convention and with the proposals stated in the above-mentioned resolution, and if it would provide information on this in future reports.

2. As concerns the application of the Convention to men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support, the Committee notes the measures covering conjugal partners or persons living in a domestic partnership with a person insured for health care. The Committee requests the Government to indicate whether measures have been taken or are being considered to extend to other family members, such as elderly parents, the measures contemplated under the Convention, in addition to the right to take seven days paid leave per annum to care for a close family member. In this respect, the Committee recalls the possibility under Article 10 of the Convention for the provisions of the Convention to be implemented in stages, provided that whatever measures of implementation are taken, are applied in any case to workers of both sexes with responsibilities in relation to their dependent children.

3. Article 3. The Committee notes with interest the comprehensive proposals outlined in the above-mentioned resolution, which aim at creating the conditions for both parents to reconcile their family and professional obligations in the context of measures to formulate and implement a wide-ranging family policy. The Committee requests the Government to continue to supply information on the action taken to realize the specific objectives of the resolution relevant to the application of the Convention. Noting the Government's intention to establish a Council for the Family in the Ministry of Labour, Family and Social Affairs as a specialized advisory body in the area of family policy (paragraph 3.5 and Part IV of the resolution), the Committee requests the Government to provide information on the creation of the Council, its membership, terms of reference and activities.

4. Article 4. The Committee requests the Government to continue to provide information on the measures taken to meet the needs of workers with family responsibilities employed in both the public and private sectors as concerns their terms and conditions of employment and social security arrangements. Noting that section 61 of the Labour Relations Act accords workers the right to paid leave for up to seven days in a calendar year "in the cases and under the conditions laid down in a collective agreement or a general Act", the Committee requests the Government to clarify whether this entitlement has generally been determined as one that may be used to meet particular family emergencies. On this point, the Committee requests the Government to provide the texts of any regulations or collective bargaining agreements that contain provisions pertinent to this or other rights accorded to workers with family responsibilities.

5. Article 5. With reference to the statistics provided in the report on the rate of participation of pre-school children in kindergartens, the Committee requests the Government to indicate, in its next report, whether the existing facilities meet the demand and, if not, to provide any available information on the time-frame required to ensure an adequate number of child-care places. Noting the various proposals contained in the 1993 resolution on the creation of other community services and facilities that would assist men and women workers to harmonize their professional and family responsibilities, the Committee requests the Government to continue to provide information on the steps taken to implement these initiatives.

6. Article 6. The Committee asks the Government to supply with its next report, information on the specific activities undertaken to inform and educate the public about the objectives of the Convention, as required by this Article of the Convention, including any material produced for this purpose.

7. Article 7. The Committee requests the Government to indicate any measures taken to ensure that men and women returning to work in the public and private sectors, after having taken maternity and/or parental leave or after having worked reduced hours in order to care for pre-school age children, may return to the posts they occupied formerly or to equivalent posts in the same organization or enterprise. In this regard, the Committee requests the Government to supply the texts of any provisions enacted to regulate the rights of such workers, as anticipated by, for example, section 84 of the Labour Relations Act. The Committee also requests the Government to indicate whether any measures of vocational guidance and training have been taken or are envisaged to assist workers with family responsibilities to become or remain integrated in the labour force or re-enter employment following an absence due to those responsibilities.

8. Article 8. While noting that section 36(c) of the Labour Relations Act proscribes the termination of the labour relationship of workers who are pregnant or absent from work on maternity or parental leave (except for necessary operative reasons), the Committee requests the Government to indicate any provisions designed to protect public and private sector men and women workers more generally against dismissal by reason of their family responsibilities.

9. Article 9. The Committee requests the Government to provide information on any problems or complaints concerning matters covered by the Convention, which may be addressed to the labour inspection service, the Office of the Ombudsman (created under article 159 of the Constitution), the Office for Women's Policy or to any other relevant body.

10. Article 11. Please furnish specific information on the way in which employers' and workers' organizations participate in devising and applying measures to give effect to the provisions of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with interest the information provided in the Government's first report and attached documentation. It requests the Government to provide additional information on the following points.

1. Article 1 of the Convention. While noting that the provisions of the resolution on the Bases of Formulation of Family Policy (Official Gazette RS 40/93) accord with the principle of equality of opportunity and treatment in employment for men and women workers with family responsibilities, the Committee notes that the Labour Relations Act (Official Gazettes RS 14/90 and 5/91) accords certain rights relating to leave or to work reduced hours so as to care for young children to women workers under sections 45, 80, 81, 84 and 85. According to section 86, these rights may also be enjoyed by a working father if the working mother agrees. Moreover, section 86 allows all of these rights, together with the right to refuse overtime and night work under section 78, to accrue to a working father if the mother dies, deserts the child or becomes permanently or temporarily incapable of independent life and work. As legislative formulations which place the primary expectation for the assumption of family responsibilities on women - rather than on both men and women workers - are not in strict conformity with the Convention, the Committee would be grateful if the Government would consider taking measures to amend the legislation so as to conform with the provisions of the Convention and with the proposals stated in the above-mentioned resolution, and if it would provide information on this in future reports.

2. As concerns the application of the Convention to men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support, the Committee notes the measures covering conjugal partners or persons living in a domestic partnership with a person insured for health care. The Committee requests the Government to indicate whether measures have been taken or are being considered to extend to other family members, such as elderly parents, the measures contemplated under the Convention, in addition to the right to take seven days paid leave per annum to care for a close family member. In this respect, the Committee recalls the possibility under Article 10 of the Convention for the provisions of the Convention to be implemented in stages, provided that whatever measures of implementation are taken, are applied in any case to workers of both sexes with responsibilities in relation to their dependent children.

3. Article 3. The Committee notes with interest the comprehensive proposals outlined in the above-mentioned resolution, which aim at creating the conditions for both parents to reconcile their family and professional obligations in the context of measures to formulate and implement a wide-ranging family policy. The Committee requests the Government to continue to supply information on the action taken to realize the specific objectives of the resolution relevant to the application of the Convention. Noting the Government's intention to establish a Council for the Family in the Ministry of Labour, Family and Social Affairs as a specialized advisory body in the area of family policy (paragraph 3.5 and Part IV of the resolution), the Committee requests the Government to provide information on the creation of the Council, its membership, terms of reference and activities.

4. Article 4. The Committee requests the Government to continue to provide information on the measures taken to meet the needs of workers with family responsibilities employed in both the public and private sectors as concerns their terms and conditions of employment and social security arrangements. Noting that section 61 of the Labour Relations Act accords workers the right to paid leave for up to seven days in a calendar year "in the cases and under the conditions laid down in a collective agreement or a general Act", the Committee requests the Government to clarify whether this entitlement has generally been determined as one that may be used to meet particular family emergencies. On this point, the Committee requests the Government to provide the texts of any regulations or collective bargaining agreements that contain provisions pertinent to this or other rights accorded to workers with family responsibilities.

5. Article 5. With reference to the statistics provided in the report on the rate of participation of pre-school children in kindergartens, the Committee requests the Government to indicate, in its next report, whether the existing facilities meet the demand and, if not, to provide any available information on the time-frame required to ensure an adequate number of child-care places. Noting the various proposals contained in the 1993 resolution on the creation of other community services and facilities that would assist men and women workers to harmonize their professional and family responsibilities, the Committee requests the Government to continue to provide information on the steps taken to implement these initiatives.

6. Article 6. The Committee asks the Government to supply with its next report, information on the specific activities undertaken to inform and educate the public about the objectives of the Convention, as required by this Article of the Convention, including any material produced for this purpose.

7. Article 7. The Committee requests the Government to indicate any measures taken to ensure that men and women returning to work in the public and private sectors, after having taken maternity and/or parental leave or after having worked reduced hours in order to care for pre-school age children, may return to the posts they occupied formerly or to equivalent posts in the same organization or enterprise. In this regard, the Committee requests the Government to supply the texts of any provisions enacted to regulate the rights of such workers, as anticipated by, for example, section 84 of the Labour Relations Act. The Committee also requests the Government to indicate whether any measures of vocational guidance and training have been taken or are envisaged to assist workers with family responsibilities to become or remain integrated in the labour force or re-enter employment following an absence due to those responsibilities.

8. Article 8. While noting that section 36(c) of the Labour Relations Act proscribes the termination of the labour relationship of workers who are pregnant or absent from work on maternity or parental leave (except for necessary operative reasons), the Committee requests the Government to indicate any provisions designed to protect public and private sector men and women workers more generally against dismissal by reason of their family responsibilities.

9. Article 9. The Committee requests the Government to provide information on any problems or complaints concerning matters covered by the Convention, which may be addressed to the labour inspection service, the Office of the Ombudsman (created under article 159 of the Constitution), the Office for Women's Policy or to any other relevant body.

10. Article 11. Please furnish specific information on the way in which employers' and workers' organizations participate in devising and applying measures to give effect to the provisions of the Convention.