ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Country comments > Texts of comments: Slovakia

Comments adopted by the CEACR: Slovakia

Adopted by the CEACR in 2022

MLC, 2006 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government previously ratified two Conventions on maritime labour which have been denounced following the entry into force of the MLC, 2006 for Slovakia. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2018 entered into force for Slovakia on 18 January 2017 and on 26 December 2020 respectively. It also notes that a declaration of acceptance of the 2016 amendments to the Code has not been received and therefore Slovakia is not bound by these amendments. The Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.
Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers' Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006 by Slovakia during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.
Article I of the Convention. General questions on application. Implementing measures. The Committee notes that the provisions of the Convention are mainly implemented through Act No. 435/2000 on Maritime Navigation, which was adopted prior to the ratification of the MLC, 2006, and amended by Act 152/2014. The Committee notes that the amendments introduced some requirements of the Convention, but that several of its provisions have not been given effect to. The Committee recalls that, in conformity with Article I of the Convention, each Member which ratifies it undertakes to give complete effect to its provisions in order to secure the right of all seafarers to decent employment. The Committee therefore requests the Government to adopt the necessary measures to implement the Convention, taking into account the matters raised below. Noting the absence of statistical data, the Committee requests the Government to provide information regarding: (a) the number of seafarers who are working on national flag ships; (b) the number of seafarers who are nationals or residents or otherwise domiciled in the territory, and (c) the number of ships flying the Slovakian flag and the relevant gross tonnage.
Article II, paragraph 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes that it is not clear from the definition of the term "crew" under section 23 of Act No. 325/2000 Coll. on Maritime Navigation, whether persons working on board ship, who are not involved in maritime activities, such as catering personnel, are considered as seafarers. Furthermore, section 62 of the same Act provides that the labour relations of members of the crew that are foreign nationals are not covered by the Labour Code but by the clauses of their contract of employment. The Committee recalls that the Convention applies to persons working "in any capacity" on board every seagoing ship whether publicly or privately owned, which is registered in Slovakia and which is ordinarily engaged in commercial activities. The Committee requests the Government to explain whether the term "crew" also includes persons working on board ship, who are not involved in maritime duties, such as catering personnel. The Committee also requests the Government to indicate how it ensures that seafarers who do not have Slovak nationality enjoy equal treatment as Slovak nationals for the purpose of this Convention.
Article VII. Consultations. The Committee notes that the Government has not provided information on whether there are any active seafarers’ and shipowners’ organizations in Slovakia and whether consultations on issues related to the implementation of the Convention have taken place. The Committee recalls that under Article VII, any derogation, exemption or other flexible application for which the Convention requires consultations may, where representative organizations of shipowners or of seafarers do not exist within a Member, only be decided through consultation with the Special Tripartite Committee established in accordance with Article XIII of the Convention. The Committee requests the Government to indicate whether organizations – or branches thereof – representing seafarers and shipowners are established. If this is not the case, the Committee invites the Government to have recourse to the Special Tripartite Committee until seafarers’ and shipowners’ organizations are established in the country.
Regulation 2.1 and Standard A2.1, paragraphs 1(d) and 2. Seafarers’ employment agreement. Documents available on board. The Committee notes the Government’s indication that section 20, paragraph 1(bm) of Act No. 325/2000 Coll. on Maritime Navigation provides that “other certificates and documents prescribed by international treaties” shall be kept on a seagoing ship. The Committee notes however that these provisions do not explicitly reflect the requirements provided under Standard A2.1, paragraph 1(d)) and Standard A2.1, paragraph 2. The Committee therefore requests the Government to indicate how it gives effect to this requirements to ensure that (i) copies of seafarers’ employment agreements (SEA) are accessible on board to seafarers, including the ships’ master, and that they can also be accessed by officers of a competent authority at an inspection during a stopover; (ii) in the case in which a collective bargaining agreement forms all or part of a seafarer’s employment agreement (SEA),a copy of the collective bargaining agreement is available on board and a copy of a standard form of the agreement and the portions of a collective bargaining agreement that are subject to port state inspection under Regulation 5.2 are available in English.
Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that the following particulars listed under Standard A2.1, paragraph 4, of the Convention are not included or are only partially included in the SEA’s requirements provided for under Act No. 311/2001 Coll. Labour Code and Act No. 435/2000 Coll. on Maritime Navigation: (a) the seafarer’s full name and date of birth or age; (c) the place where the seafarer’s employment agreement is entered into; and (g) the termination of the agreement and the conditions thereof, including: (i) if the agreement has been made for an indefinite period, the conditions entitling either party to terminate it, as well as the required notice period, which shall not be less for the shipowner than for the seafarer; (ii) if the agreement has been made for a definite period, the date fixed for its expiry; and (iii) if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the seafarer should be discharged. While noting the Government’s indication that these provisions of the Convention are directly applicable at the national level, the Committee recalls that Standard A2.1, paragraph 4 requires each Member to adopt laws and regulations specifying the matters that are to be included in all SEAs governed by its national law. TheCommittee requests the Government to indicate the measures taken to ensure full compliance with Standard A2.1, paragraph 4, of the Convention and to provide a sample of a seafarer’s employment agreement.
Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes the Government’s reference to sections 62 and 63 of Act No. 311/2001 Coll. Labour Code related to termination of employment agreements. Noting that a notice period shorter than the minimum is not foreseen unless both the employee and employer agree, in accordance with section 60 of Act No. 311/2001 Coll. Labour Code, on the termination of the employment relationship which shall terminate upon the agreed day, the Committee recalls that each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account (Standard A2.1, paragraph 6). The Committee requests the Government to indicate the measures taken or contemplated to give effect to this requirement of the Convention.
Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.
Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes that section 44, paragraph 5 of Act No. 435/2000 Coll. on Maritime Navigation provides that the minimum hours of rest need not be observed in an emergency or during other extraordinary operating conditions. While observing that section 44(6) of the same Act provides that the seagoing ship master is obliged, while the seagoing ship is in port, to enable a crew member to have a reasonably longer period of rest by adjusting the distribution of hours of work and providing individual crew members upon request with compensatory time-off for overtime work and work on holidays, the Committee observes that this provision does not ensure that compensatory rest is granted to seafarers as soon as practicable once the normal situation has been restored. Recalling that pursuant to Standard A2.3, paragraph 14, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest, the Committee requests the Government to indicate the measures taken or envisaged to ensure the application of this requirement of the Convention.
Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes that section 43 of Act No. 435/2000 Coll. on Maritime Navigation refers to the notion “visit to the land”. However, the Committee observes that there is no indication as to what this notion entails and whether seafarers are entitled to shore leave. Recalling that, in accordance with Regulation 2.4, paragraph 2, seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions, the Committee requests the Government to indicate the measures taken to give effect to this provision of the Convention.
Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2 (a). Repatriation. Circumstances. The Committee notes the Government’s indication that sections 42 and 48 of Act No. 435/2000 Coll. on Maritime Navigation provides that seafarers have the right to repatriation in the circumstances provided for by Standard A2.5.1, paragraph 1 of the Convention. The Committee notes however that, it is not clear if seafarers have the right to repatriation when the SEA is terminated by the seafarer for justified reasons. The Committee requests the Government to indicate how it ensures that seafarers are entitled to repatriation in the circumstances foreseen in Standard A2.5.1, paragraph 1(b)(ii).
Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. While noting the Government’s indication that section 48, paragraph 1(d) of Act No. 435/2000 Coll. on Maritime Navigation provides that a crewmember shall have right to repatriation after the expiry of the agreed sea service term, the Committee observes that this provision does not mention the maximum period of service on board a ship following which a seafarer is entitled to repatriation, as required by paragraph 2(b) of this Standard. The Committee therefore requests the Government to indicate the provisions setting a maximum period of service on board a ship as required by Standard A2.5.1, paragraph 2(b).
Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that the provisions of Act No. 435/2000 Coll. on Maritime Navigation do not seem to prescribe the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destination of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners(Standard A2.5.1, paragraph 2(c)).With regard to the place of repatriation, the Committee notes that the provisions of Act No. 435/2000 Coll. on Maritime Navigation refer to “the destination point as given in employment contract or agreed otherwise”, without specifying the countries or places to which they may be repatriated. The Committee requests the Government to provide information on: (i) the precise entitlements to be accorded by shipowners for repatriation (Standard A2.5.1, paragraph 2(c)); and (ii) how it has given due consideration to Guideline B2.5.1, paragraphs 6 and 7.
Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that section 48, paragraph 2 of Act No. 435/2000 Coll. on Maritime Navigation provides that the seagoing ship owner shall pay for repatriation costs except in case of suspension a crew member from the service at sea or if a crew member is suspicious of having committed a criminal offence as provided for under section 48, paragraph 1(h). The Committee observes that section 47 of the same Act prescribes the circumstances of serious or repeated breach of duties or working discipline under which a seagoing ship master may suspend a crewmember from the service on a seagoing ship and the procedure to follow. With regard to the possibility to recover the cost of the repatriation from the seafarer, the Committee underlines that it is conditioned on the seafarer being found in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. Noting that section 48, paragraphs 1(h) and (2) of Act No. 435/2000 Coll. on Maritime Navigation of the Maritime Code refers to a seafarer being “suspicious of having committed a criminal offence”, the Committee requests the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in “serious default of the seafarers employment obligations” pursuant to Standard A2.5.1, paragraph 3 of the Convention.
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security.The Committee notes the Government’s indication that the provisions of the Convention are directly applicable at the national level by virtue of Article 7 of the Constitution. The Committee however observes that, while the Government refers to guarantee insurance in the event of the employer’s insolvency to satisfy the employee’s wage entitlements and to pay old-age pension savings contributions, it has not indicated the kind of financial security that must be provided by ships flying its flag to cover the right of repatriation, in application of Regulation 2.5, paragraph 2, nor has it indicated the establishment of a system of financial security for abandonment cases that are not associated with insolvency. The Committee requests the Government to indicate: (i) how effect is being given to the requirement that ships that fly its flag provide financial security to ensure that seafarers are duly repatriated in accordance withRegulation 2.5, paragraph 2; and (ii) the circumstances under which a seafarer is considered abandoned according to national legislation and whether it has established a financial security system to assist seafarers in all the circumstances provided for under Standard A2.5.2, paragraph 2. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).
Regulation 2.7 and the Code. Manning levels.The Committee notes the Government’s indication that section 49 of Act No. 435/2000 Coll. on Maritime Navigation provides that the seagoing ship owner shall ensure that the seagoing ship is supplied with water and food in quantities corresponding to the number of people aboard the seagoing ship, the duration and the nature of the voyage. The Committee however observes that the Government has not indicated how, when determining manning levels, the competent authority shall in particular take into account the requirements ofStandard A3.2of the Convention related to the need to have a fully qualified cook or a person trained in the area of food, as well as adequately trained catering staff. The Committee further notes that the Government has notprovided a copy of the minimum safe manning document, or an equivalent, issued by the competent authority. The Committee accordingly requests the Government to indicate the manner in which it gives effect to this provision of the Convention. It further requests the Government to provide a copy of a typical example of a safe manning document or equivalent.
Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that the provisions of section 49(1)(b) of Act No. 435/2000 Coll. on Maritime Navigation and other Acts to which the Government refers provide for accommodation and recreational facilities on board in general terms without giving effect to the detailed requirements of Regulation 3.1 and the Code. The Committee further notes that, with regard to the implementation of Regulation 3.1 and the Code, the Government indicates that the provisions of the Convention are directly applicable in its country. The Committee recalls that Standard A3.1 calls on Members to adopt laws and regulations in order to ensure that ships flying its flag meet minimum standards for accommodation and recreational facilities and are inspected to ensure initial and ongoing compliance with those standards. The Committee requests the Government to provide information on the measures adopted or envisaged to give effect to Regulation 3.1 and the Code.
Regulation 3.1 and Standard A3.1, paragraph 12. Accommodation and recreational facilities. Hospital accommodation. The Committee notes the Government’s indication that section 3 of Ordinance No. 488/2004 Coll. provides that a seagoing ship with 500 GT and above, with 15 or more crew members, if the voyage time exceeds three days, shall have a dedicated space in which medical care is provided under satisfactory material and sanitary conditions. Noting that hospital accommodation is required only for vessels with a gross tonnage of 500 or more, the Committee recalls that Standard A3.1, paragraph 12, does not contain such limitation. Recalling that the obligation to provide separate hospital accommodation applies to all vessels carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration, the Committee accordingly requests the Government to indicate the measures taken to give full effect to Standard A3.1, paragraph 12.
Regulation 3.2 and Standard A3.2, paragraph 2 (a). Food and Catering. Religious and cultural practices. The Committee notes that section 49 of Act No. 435/2000 Coll. on Maritime Navigation requires that ships are supplied with water and foodstuffs in quantities corresponding to the number of people aboard the seagoing ship, the duration and the nature of the voyage, and that section 152 of Act No. 311/2001 Coll. Labour Code stipulates that the employer must provide catering compliant with the principles of good nutrition for employees in all shifts directly at the workplaces or in their vicinity. However, the Committee notes that these provisions do not seem to mention the obligation to take into account the differing cultural and religious background of seafarers, as required by Regulation 3.2, paragraph 1 and Standard A3.2, paragraph 2(a) of the Convention. The Committee requests the Government to provide information as to how differing cultural and religious backgrounds of seafarers are taken into account regarding food and catering on board.
Regulation 3.2 and Standard A3.2, paragraphs 5 and 6. Food and catering. Dispensation of a fully qualified cook. The Committee notes the Government’s indication that section 41(11) of Act No. 435/2000 Coll. on Maritime Navigation provides that the Ministry may, in justified cases, grant an exemption allowing to employ as a crew member a person who does not hold a professional competence certificate corresponding to the given rank, but is a holder of a professional competence certificate of an immediately lower degree. Section 41(12) of the same Act further stipulates that an exemption from demonstrating the professional competence shall be granted by the Ministry specifically for the designated person, the designated ship and for a period not exceeding six months. The Committee requests the Government to indicate whether exemptions referred to under section 41 of Act No. 435/2000 Coll. on Maritime Navigation are limited to circumstances of exceptional necessity and only concern ships with a prescribed manning of less than ten (Standard A3.2, paragraphs 5 and 6).
Regulation 4.1 and the Code. Medical care on board and ashore.Recalling that each Member shall ensure that medical care and health protection services, including essential dental care, while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers, the Committee requests the Government to indicate how it gives effect to Regulation 4.1, paragraph 2 and Standard A4.1, paragraph 1(d). In light of section 62 of Act No. 435/2000 Coll. on Maritime Navigation, which provides that foreign national’s relationships are governed by provisions of their contract of employment, the Committee also requests the Government to indicate how it ensures that health care is provided to all seafarers regardless of their nationality.
Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that section 36(3) of Act No. 435/2000 Coll. on Maritime Navigation provides that the seagoing ship owner shall be liable for damage caused to the seagoing ship master and to the crew members, when such damage was incurred in the discharge of occupational duties or directly in connection with them, in accordance with special regulations. The Committee further observes that the Government refers to the provisions of section 195 of Act No. 461/2003 Coll. on Social Insurance, which provides that accountability for damage to health or death by way of an accident (occupational accident) sustained by an employee, in the discharge of occupational tasks or in direct relation to such tasks, shall lie with the employer with whom he/she was in an employment relationship at the time of the accident. Section 2 of the same Act provides that Social insurance means accident insurance against damage to health or death due to an accident at work, an accident at service and an occupational disease. The Committee notes that although these provisions implement some of the requirements of Standard A4.2.1, the different situations and rights provided for in the Convention do not seem to have been incorporated into national legislation. The Committee requests the Government to: (i) clarify if long-term disability of seafarers due to an occupational injury, illness or hazard, as per requirements of Standard A4.2.1, paragraph 1(b), is also covered by such insurance; (ii) specify if shipowners are liable to bear the costs for seafarers in case of non-employment related sickness occurring when seafarers are serving under a seafarer’s employment agreement or arising from their employment under such agreement; (iii) indicate how it ensures that shipowners are liable to defray the expense of medical care, including medical treatment and the supply of the necessary medicines and therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character; and (iv) indicate whether wages are to be paid to the seafarer during the periods specified in accordance with Standard A4.2.1, paragraph 3.
Regulation 4.2 and Standard A4.2.1, paragraph 5. Shipowners’ liability. Possible exclusion. The Committee notes that section 196 of Act No. 311/2001 Coll. Labour Code prescribes the circumstances under which a shipowner is fully or partly released from liability to cover the costs of occupational accidents. The Committee observes that it is not clear from these provisions if such exclusion of liability is strictly limited to circumstances due to the “wilful misconduct” of the seafarer. The Committee requests the Government to indicate how it gives effect to Standard A4.2.1, paragraph 5(b)..
Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. The Committee notes that section 31 of Act No. 435/2000 Coll. on Maritime Navigation and section 10 of the Decree of the Ministry of Transport, Posts and Telecommunications of the Slovak Republic refer to the return of the property of the seafarer to his/her next of kin in the event of death. However, there is no reference to the safeguard of the seafarer’s property in the event of injury or sickness. The Committee requests the Government to take the necessary measures to ensure conformity with this provision of the Convention.
Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, the Committee notes that the Government refers to its social insurance scheme and pension scheme to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard. However, the Government has not indicated how shipowners shall provide evidence of financial security and whether the certificate or other documentary evidence of financial security issued by a financial security provider shall be posted in a conspicuous place on board and easily available to the seafarers. The Committee requests the Government to reply to the questions included in the report form, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).
Regulation 4.3 and the Code. Health and safety protection and accident prevention.The Committee notes that the Government refers toAct No. 124/2006 Coll. on Occupational Safety and Health Protection and on Amendments and Supplements to Certain Acts, as amended, which is of a general nature and does not address all the specificities of work on board ships. The Committee has not identified information on the national guidelines for the management of occupational safety and health (OSH) on board ships that fly its flag, nor on OSH policies and programmes (Regulation 4.3, paragraph 2, and Standard A4.3, paragraph 1(a)). It also notes that since the Government did not provide an example of an approved DMLC Part II outlining a shipowner’s practices or on board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases, it is not possible to assess compliance with the requirements set in Standard A4.3, paragraphs 1(c), 2(b) and 8 (on board programmes, obligations of shipowners, seafarers and others in relation to OSH; risk evaluation). The Committee requests the Government to indicate whether the national guidelines required under Regulation 4.3, paragraph 2, have been adopted and if so, if consultations with the representative shipowners’ and seafarers’ organizations have taken place. The Committee further requests the Government to indicate how it gives effect to Standard A4.3, paragraphs 1(a), 1(c), 2(b) and 8. The Committee further recalls that, in accordance with Standard A4.3, paragraph 2(d), a ship’s safety committee shall be established on board a ship on which there are five or more seafarers. Noting that existing legislation does not comply with this requirement, the Committee requests the Government to indicate the measures taken to that end.
Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification of the Convention, Slovakia declared that the branches for which it provides social security protection to seafarers in accordance with Standard A4.5, paragraphs 2 and 10, are sickness benefit; old-age benefit; invalidity benefit; employment injury benefit and unemployment benefit. The Committee notes that the social security system in the country is mainly regulated by the following Laws: Act No. 461/2003 Coll. on social insurance, Act No. 462/2003 Coll. on compensation of wages in case of temporary work incapacity,Act No. 43/2004 Coll. on the Old-age Pension Scheme and on Amendments and Supplements to Certain Acts, as amended, and Act No. 650/2004 Coll. on the Supplementary Pension Scheme and on Amendments and Supplements to Certain Acts, as amended. The Committee notes that, as a European Union member State, Regulation (EC) 883/2004 on the coordination of social security systems applies to Slovakia. In addition, the Government indicates that bilateral agreements on social security have been signed with 25 countries. In light of this information, the Committee requests the Government to provide clarifications regarding whether, and to what extent, the social security legislation is applicable to all seafarers, national and foreign, ordinarily resident in the Slovakian territory as required by Standard A4.5 of the Convention. The Committee further requests the Government to clarify whether seafarers ordinarily resident in Slovakia who work on ships flying a foreign flag – especially flying the flag of non-EU countries – are granted social security benefits under the Slovakian social security system, which are no less favourable than those enjoyed by shoreworkers resident in the Slovakian territory.
Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee notes that, while Slovakia has a ship inspection and certification system in place which is operating on the basis of Act No. 325/2000 Coll. on Maritime Navigation, the Government has not adopted any laws or regulations implementing the detailed provisions with respect to the Maritime Labour Certificate and DMLC. Moreover, the Government has not provided a copy of the maritime labour certificate, nor a copy of the DMLC, Part I, identifying the national requirements embodying the relevant national legal provisions as well as, to the extent necessary, concise information on the main content of the national requirements, nor examples of DMLC, Part II, that has been drawn up by a shipowner to set out the measures adopted to ensure ongoing compliance with the national requirements and measures proposed to ensure that there is continuous improvement. The Committee notes the Government’s indication that these provisions of the Convention are directly applicable. While noting this information, the Committee requests the Government to indicate how it ensures that these provisions are given effect in practice and to submit the documents referenced above with its next report for examination to assess the correct implementation of the Convention.
Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes that the Government refers to various national provisions of a general nature prescribing the scope and procedures of labour and public health inspections which apply to the maritime sector. In the absence of information as to how these provisions are implemented in practice, the Committee requests the Government to provide: a sample of the annual reports on the inspection activities published in conformity with Standard A5.1.4, paragraph 13; the model document setting out the tasks and competences of the inspectors transmitted to the persons concerned or signed by them (Standard A5.1.4, paragraph 7; see also Guideline B5.1.4, paragraphs 7 and 8); a sample of the national guidelines issued to inspectors in accordance with Standard A5.1.4, paragraph 7; a sample of the model used by inspectors to draw up their reports (Standard A5.1.4, paragraph 12); a sample of any document to inform seafarers and other interested parties of the procedures enabling them to file a complaint (in full confidentiality) regarding a violation of the requirements of the Convention (including the rights of seafarers) (Standard A5.1.4, paragraph 5; see also Guideline B5.1.4, paragraph 3).
Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee notes that the Government refers to provisions of Act No. 435/2000 Coll. on Maritime Navigation and Act No. 311/2001 Coll., the Labour Code, as implementing the requirements of on-board complaint procedures. However, the Committee recalls that Standard A5.1.5 requires Members to adopt on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of the Convention. The Committee therefore requests the Government to provide information on the on-board procedures adopted in order to give effect to the requirements of Standard A5.1.5.
Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee requests the Government to provide a copy of the following documents: an example of the standard wording in medical certificates (Standard A1.2, paragraph 10); an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); the standard form or an example of a SEA (Standard A2.1, paragraph 2(a)); the approved standardized table for shipboard working arrangements (Standard A2.3, paragraph 10); the standard form for recording daily hours of work/rest (Standard A2.3, paragraph 12); a copy of any authorized or registered collective agreement provisions that establish seafarers’ normal working hours or permit exceptions to the established limits (Standard A2.3, paragraphs 3 and 13); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2); for each type of ship, a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it; an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2, paragraph 1(b)); an example of a document (e.g. Part II of the DMLC) outlining shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); the relevant national guidelines regarding health and safety protection and accident prevention (Regulation 4.3, paragraph 2); the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for Slovakia’s inspection and certification system, including the procedures for its assessment; information on the budgetary allocation during the period covered by this report for the administration of Slovakia’s inspection and certification system and the total income received during the same period on account of inspection and certification services; the following statistical information: number of ships flying Slovakia’s flag that were inspected during the period covered by this report for compliance with the requirements of the Convention; number of inspectors, appointed by the competent authority or by a duly authorized recognized organization, carrying out those inspections during the period covered by this report; number of full-term (up to five years) maritime labour certificates currently in force; and number of interim certificates issued (Standard A5.1.3, paragraph 5).
Statistical information.Noting that some required statistical information has not been provided in the report, the Committee requests the Government to provide detailed information regarding: (a) the number of seafarers who are working on national flag ships; (b) the number of seafarers who are nationals or residents or otherwise domiciled in the territory; (c) the number of foreign seafarers who are working on Slovakian flag ships; and (d) the number of seafarers employed in the different types of ships based on the gross tonnage of the ships.

Adopted by the CEACR in 2020

C026 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Association of Industrial Unions (AIU) received on 16 April 2020, as well as the Government’s reply.
Article 3 of the Convention. Minimum wage-fixing machinery. Consultation of the social partners. The Committee notes that the AIU refers to recent legislative changes adopted by the Parliament, including amendments to the Minimum Wage Act. According to AIU, these amendments changed the minimum wage fixing method by providing that, in case an agreement is not reached between the social partners for the yearly revision of the minimum wage level, that level would be fixed at 60 per cent of the average monthly nominal wage of an employee, as determined by the national statistical office. The AIU adds that this formula was not justified by any study or expert discussion. While acknowledging that the legislative changes were the subject of a discussion in the Economic and Social Council (ESC) in the course of the legislative process, the AIU considers that this discussion was only a formally fulfilled obligation and that it did not constitute a proper consultation with the social partners, given that those submitting the legislative proposal were not willing to accept any comments or suggestions of the social partners. The Committee takes note of the Government’s reply to these observations, which confirms that the proposed legislative changes were submitted to the ESC following their introduction to the Parliament. The Government adds that further readings in the Parliament related to these amendments took place after the consultations with the social partners within the ESC. The Committee requests the Government to provide information on the proceedings of the ESC meeting during which the proposed amendments to the Minimum Wage Act were discussed, together with a copy of the Act, as amended.

Adopted by the CEACR in 2019

C095 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

C099 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

C100 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Legislation. Work of equal value. For more than a decade, the Committee has been drawing the Government’s attention to the fact that section 119a(2) of the Labour Code, as amended in 2007 by Act No. 348/2007 Coll., which defines “work of equal value” as being “work of the same or comparable complexity, responsibility and difficulty, carried out under the same or comparable working conditions and producing the same or comparable capacity and output for the same employer”, is narrower than the principle of the Convention and limits the scope of comparison to jobs performed for the same employer. While it notes that the legislation refers to various objective factors in the evaluation of jobs, the Committee would like to highlight nonetheless that when examining two jobs, the value does not have to be the same or even comparable with respect to each of the factors considered. Determining whether two different jobs are of equal value consists of determining the overall value of the jobs when all the factors are taken into account. The principle of the Convention requires equal remuneration for work which is of an entirely different nature, including work with different levels of complexity, responsibility and difficulty, and which is carried out under entirely different conditions and produces different results, but which is nevertheless of equal value. In addition, the Committee wishes to underline that the application of the principle of the Convention should not be limited to comparisons between men and women in the same establishment, enterprise or sector but allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers or sectors. Where women are heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level may be insufficient (see 2012 General Survey on the fundamental Conventions, paragraphs 676–679 and 697–698). Given the persistence of occupational gender segregation in the country, noted by the Committee in its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee asks the Government to take the necessary steps to amend the definition of “work of equal value” provided for in section 119a(2) of the Labour Code, in order to give full legislative expression to the principle of the Convention. In doing so, the Committee requests the Government to ensure that, when determining whether two jobs are of equal value, the overall value of the jobs is considered and that the definition allows for jobs of an entirely different nature to be compared free from gender bias and that the comparison goes beyond the same employer. It asks the Government to provide information on any progress made in that regard, as well as on the application in practice of section 119a(2) of the Labour Code, including by providing concrete examples on the manner in which the term “work of equal value” has been interpreted in administrative or judicial decisions.
The Committee is raising other matters in a request addressed directly to the Government.

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. Referring to its previous comments on the narrowing of the gender pay gap observed in 2013, the Committee notes, from the statistical information provided by the Government, in its report, that the hourly gender pay gap slightly increased from 17.9 per cent in 2013 to 18.03 per cent in 2016. More particularly, it notes that the gender pay gap decreased in the public sector (from 11 per cent in 2013 to 8.9 per cent in 2016) but increased in the private sector (from 19.2 per cent in 2013 to 19.5 per cent 2016). The Committee further notes, from the statistics of Eurostat, that the unadjusted gender pay gap increased significantly from 19.0 per cent in 2016 to 19.8 per cent in 2017. The Committee takes note of the new Strategy for Gender Equality (2014–19) and its Action Plan which set as a specific target the overcoming of wage differentials. It further notes the Government’s indication that several measures were implemented to address the gender wage gap, such as: (i) an information campaign about lower wages of women; (ii) the continuous increase of the minimum wage, as more women than men work in lower paid sectors; and (iii) measures aimed at ensuring better reconciliation between work and family life, including in the framework of the Action Plan on Gender Equality and the Project “Family and Work”. The Committee refers in that regard to its 2018 observation under the Workers with Family Responsibilities Convention, 1981 (No. 156), where it highlights the persistent unbalanced share of family responsibilities between men and women. In addition, it notes that, in its 2019 concluding observations, the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) regretted the persistence of many barriers to women’s full and equal participation in the workforce including unequal distribution of domestic and care responsibilities preventing labour market participation, and was concerned about horizontal segregation, wage discrimination, and the absence of fair and transparent promotion practices that disproportionately disadvantage women (E/C.12/SVK/CO/3, 18 October 2019, paragraph 22). It further notes that, in April 2019, the United Nations Human Rights Council, in the context of the Universal Periodic Review (UPR), recommended that the Government strengthen its efforts to: (i) reduce the gender pay gap; (ii) eliminate horizontal and vertical imbalances between women and men in the labour market; (iii) raise awareness about discriminatory gender stereotypes; and (iv) ensure the effective implementation of the National Strategy for Gender Equality 2014–19, including through adequate funding (A/HRC/41/13, 16 April 2019, paragraph 121). The Committee asks the Government to provide information on the proactive measures taken, including in the framework of the Action Plan on Gender Equality (2014–19), to address specifically the gender pay gap, in particular in the private sector, by identifying and addressing its underlying causes, such as vertical and horizontal occupational gender segregation and gender stereotypes, and by promoting women’s access to vocational training, guidance and counselling to engage in jobs with career prospects and higher pay. It asks the Government to provide information on any measures taken, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the Convention. The Committee asks the Government to continue to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.
Article 2(2)(b). Minimum wage. Recalling the adoption of Act No. 663/2007 minimum wages, which repealed the previous Act No. 90 of 1996, the Committee notes the Government’s statement that measures aimed at reducing wage differentials between men and women include the continuous increase of the minimum wage, as more women than men work in lower paid sectors. It observes that while the minimum wage was increased to €520 in 2018, no agreement has been reached between the social partners on the increase in the minimum wage for 2019. The Committee further notes that, in its 2019 concluding observations, the CESCR was concerned that there are workers that are paid less than the minimum wage, including women (E/C.12/SVK/CO/3, 18 October 2019, paragraph 24). In light of the persistent gender pay gap and gender segregation of the labour market with women being mostly concentrated in lower paid sectors, the Committee asks the Government to provide information on the measures taken to effectively ensure that workers are not paid less than the statutory minimum wage in practice. It asks the Government to continue to provide information on any increase in the minimum wage implemented. The Committee further asks the Government to provide statistical information on the percentage of women and men who are paid the statutory minimum wage.
Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. Referring to its previous comments where it noted that the Higher-Level Collective Agreement for the Public Sector was concluded in 2014, the Committee notes the Government’s statement that the agreement does not contain any provision on equal remuneration for women and men. Recalling the important role that collective agreements can play in the application of the principle of equal remuneration for men and women for work of equal value both in the private and the public sectors, the Committee again asks the Government to provide information on any measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration between men and women for work of equal value through collective agreements, including higher-level collective agreements. It asks the Government to provide summaries of any clauses on wages determination and equal remuneration included in collective agreements, including higher-level collective agreements.
Article 3. Objective job evaluation. The Committee previously noted that catalogues of occupational activities in the public sector had been established, setting a baseline for differential treatment according to the following criteria: demands of vocational preparation and experience, complexity and responsibility, as well as physical and mental demands of particular occupational activities. It notes the Government’s statement that such catalogues were established as a result of analytical methods based on objective criteria, free from gender bias. The Government adds that the evaluation was carried out by the Expert Commission for Evaluation of Occupational Activities, composed by representatives from the Government, the social partners, as well as university and science and research institutions. The Committee asks the Government to provide information concerning the results of the evaluation of the catalogues of occupational activities newly established and their impact on wages in the public sector, in particular in terms of wage adjustments, if any. In light of the increasing gender pay gap in the private sector, the Committee again asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.
Enforcement. The Committee notes the Government’s statement that the number of complaints concerning equal remuneration submitted to the labour inspectorate decreased from 38 in 2015 to 19 in 2016, and observes that none of the cases dealt with gender-based pay discrimination as they all refer to employees who were of the same sex. The Committee recalls that a low number of cases or complaints lodged may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraphs 870 and 886). The Committee asks the Government to take appropriate steps to raise awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention and enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, and to provide information on any activities undertaken in this regard. It again asks the Government to provide information on the specific methodology that was being developed to assist labour inspectors to address the equal pay for work of equal value issue, as well as to continue to take steps to ensure that systematic monitoring of equal remuneration provisions is carried out by labour inspectors. The Committee asks the Government to provide detailed information on the number, nature and outcomes of any cases or complaints concerning pay inequality dealt with by labour inspectors, the Ombudsman or the courts, as well as on any sanctions imposed and remedies granted.

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination based on sex. Pregnancy. The Committee previously noted that the National Centre for Human Rights (NCHR) referred to a rising tendency of discrimination on the basis of pregnancy, especially by terminating the employment relationship during the trial period, and requested the Government to take the necessary steps to ensure effective protection of pregnant women in employment and occupation. The Committee takes note of the Government’s repeated indication, in its report that adequate protection is granted to pregnant women by the Labour Code. The Government adds that a public information campaign was undertaken by the Ministry of Labour, Social Affairs and Family with relevant stakeholders and media to raise awareness about protection of pregnant women at work. The Committee asks the Government to step up its efforts to ensure that pregnant women are effectively protected against discrimination in employment and occupation in practice, including through the strengthening of enforcement measures of the relevant legislative provisions by labour inspectors and judges, and the development of awareness-raising of the rights of pregnant women among workers, employers and their respective organizations. The Committee also asks the Government to provide information on the number of cases concerning discrimination on the ground of pregnancy in employment and occupation which have been dealt with by the labour inspectorate, the courts, the Ombudsman and the NCHR, as well as the sanctions imposed and remedies granted.
Sexual harassment. The Committee previously referred to the high incidence of sexual harassment of women in the workplace and requested the Government to provide information on the number of cases concerning sexual harassment that have been dealt with by the labour inspectorate, the courts, and the NCHR, as well as any educational programmes in this regard. It notes the Government’s statement that, in 2016, the NCHR dealt only with one case of sexual harassment, in which legal assistance was given to the victim. The Committee also notes from the National Report “Beijing +25” to UN Women (June 2019), which was prepared by the Department of Gender Equality and Equal Opportunities of the Ministry of Labour, Social Affairs and Family, that the Ministry is preparing a nationwide survey of the occurrence of sexual harassment at the workplace. Recalling that sexual harassment is a serious manifestation of sex discrimination which is prohibited under the Anti-Discrimination Act, 2004, the Committee asks the Government to provide information on any proactive measures taken or envisaged to effectively prevent and eliminate sexual harassment in employment and occupation, including through awareness-raising of workers, employers and their respective organizations, as well as on their impact. The Committee asks the Government to provide detailed information on the results of the national survey carried out on sexual harassment at the workplace and any follow-up measures adopted in this regard. It also asks the Government to continue to provide information on the number of cases concerning sexual harassment that have been dealt with not only by the NCHR, but also by the labour inspectorate, the Ombudsman and the courts, as well as on the sanctions imposed and remedies granted.
Articles 2 and 3. Equality of opportunity and treatment for men and women. In its previous comments, the Committee noted that despite the adoption of the National Strategy for Gender Equality (2009–13) and its Action Plan (2010–13), women were still facing strong gender stereotypes, vertical and horizontal gender segregation, inequalities in the level of wages, and unbalanced share of family responsibilities. The Committee takes note of the new Strategy for Gender Equality (2014–19) and its Action Plan which set as specific targets the strengthening of the economic independence of women and overcoming of wage differentials, including through active labour market policies and temporary positive action measures. The Government states that some actions have already been implemented in 2015 and 2016, to ensure balanced representation of women and men in managing positions in the public and private sectors. The Committee however notes, from the statistics of Eurostat, that the number of women managers decreased from 2016 to 2018, while a reverse trend is observed for men, with women representing only 32.3 per cent of managers in 2018 (compared to 35.3 per cent in 2016). The number of women employed as clerical support workers increased over the same period, with women representing 73.4 per cent of such workers in 2018. The employment rate of women increased from 55.9 per cent in 2015 to 61.2 per cent in 2018; it however remains 12.7 percentage points lower than that of men (73.9 per cent in 2018). The Committee asks the Government to intensify its efforts to promote gender equality, including in management positions, and to address the persistent obstacles faced by women in employment and occupation, such as horizontal and vertical gender segregation in the labour market and gender stereotypes, and to provide specific information on the concrete measures taken to this end and the results achieved. It also asks the Government to provide information on any assessment made of the results and impact of the Strategy for Gender Equality (2014–19) and its Action Plan. The Committee asks the Government to provide updated statistical information on the distribution of men and women in the various economic sectors and occupations, both in the public and private sectors.
Article 3(a). Collaboration with the social partners. Referring to its previous comments concerning the results achieved by the Memorandum on Cooperation with the Confederation of Trade Unions of the Slovak Republic for the Implementation of Gender Equality, the Committee notes the Government’s general indication that the Memorandum resulted in the adoption of the Action Plan of the Confederation of Trade Unions of the Slovak Republic for 2010–12. This led to a series of activities held by the Government in collaboration with the social partners on gender equality. The Government adds that the Economic and Social Council is responsible for approving all legislative amendments and policy proposals on gender equality before being forwarded to the Government for approval or to the Parliament for adoption. The Committee, however, notes that the European Commission recently highlighted the lack of constant and systemic dialogue between the Government and trade unions as regards non-discrimination (European Commission, Country report on non-discrimination, 2018, p. 12). The Committee asks the Government to provide information on the content of the activities undertaken in collaboration with the social partners with a view to promoting equality of opportunity and treatment in employment and occupation, including within the framework of the Economic and Social Council and as a result of the Memorandum on Cooperation with the Confederation of Trade Unions of the Slovak Republic for the Implementation of Gender Equality.
Enforcement. The Committee notes the Government’s statement that in 2016, the National Labour Inspectorate requested regional labour inspectorates to carry out systematic inspection focused on equal treatment in employment and occupation. As a result, 157 violations were detected of which 39 referred to equal treatment, the most common violation being the absence of information provided to employees on the equal treatment legislative provisions. The Government adds that 143 complaints concerning violation of equal treatment provisions by employers were dealt with by the labour inspectorate. The Committee also notes that, in its 2017 annual report, the NCHR indicated that 58 complaints alleging discrimination in employment were received. It also notes from the National Report “Beijing +25” that the preparation of the Methodology for Labour Inspectorates to ensure effective monitoring of cases of discrimination is under way. The Committee notes that the European Commission expressed concern at the lack of proper knowledge of anti-discrimination legislation by legal professionals including those in decision-making positions, as well as at the fact that existing case law shows that courts are fairly reluctant to award financial compensation at all for non-pecuniary damage in cases of discrimination and, further, when such compensation is awarded, the sums are hardly effective, proportionate or dissuasive (European Commission, Country report on non-discrimination, 2018, pp. 10 and 145). The Committee encourages the Government to take steps to raise the awareness and understanding of the principles of non-discrimination and equality among labour inspectors, judges and any other enforcement authorities, with a view to ensure that they are monitored during labour inspections and that preventive measures are taken, dissuasive sanctions imposed and appropriate remedies granted in cases of discrimination. The Committee asks the Government to provide information on the above-mentioned Labour Inspection Methodology aimed at detecting and addressing discrimination in employment and occupation. It also asks the Government to continue to provide information on the number of discrimination cases in employment that have been dealt with by the labour inspectorate, the courts, the Ombudsman and the NCHR, while specifying the ground of discrimination alleged, the sanctions imposed and the remedies granted.

C111 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Discrimination on the basis of race or national extraction in education, vocational training, employment and occupation. Roma. For more than 15 years, the Committee has been referring to the discrimination faced by the members of the Roma Community and their difficulties in integrating into the labour market. The Committee notes the Government’s indication, in its report, that with a view to improving the situation of Roma pupils, several programmes have been adopted within the framework of the Strategy for the Integration of Roma, as updated to 2020, focusing more particularly on: (i) enhancing access to pre-school education for Roma children, including through the building of new education facilities, an increased number of education assistants and the introduction of a career coach to help them in their choice of secondary school; and (ii) reducing the number of Roma children placed in “special” schools, as a result of new legislation on the diagnosis of the mental capacity of children. In the context of addressing unemployment, other measures have also been adopted with a view to: (i) combating long-term unemployment, in the context of the new Action Plan for the Strengthening of Integration of the Long-term Unemployed, adopted in November 2016, which will also benefit members of the Roma community; and (ii) promoting social inclusion and the employment of Roma people, through community centres and field social work, as a result of two projects which started in March 2017. The Government states that information will be provided on the outcomes of these projects once available. The Committee notes that as a result of resolution No. 25/2019 of 17 January 2019, updated actions plans of the Strategy for the Integration of Roma were adopted for 2019–20, in particular in the areas of education and employment, with targeted actions on pre-school education and increased funding for education of Roma children in primary school. Concerning employment, the Committee notes that an action plan provides for: (i) awareness-raising activities on the situation of members of the Roma community in employment; (ii) improved enforceability of anti-discrimination legislation; and (iii) a survey planned for the second half of 2019 on existing barriers to Roma entry into the labour market. The Government also refers to the adoption of Act No. 336/2015 on Support to the Least Developed Districts of the Slovak Republic, which enables the Government to adopt action plans specifically tailored to the needs of the least developed regions and provide them with additional financial resources. Noting the Government’s statement that it is not in a position to provide the statistical information requested by the Committee as such information is not available, the Committee notes that, as recently highlighted by the European Commission, the collection of data about Roma population has been planned under the project “Monitoring and Evaluation of Inclusive Policies and their Impact on Marginalized Roma Communities” for 2016–22, coordinated by the Ministry of Interior and funded by the European Social Fund (European Commission, Report on non-discrimination, 2018, page 53). It also notes that, in its 2018 concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern: (i) at the lack of comprehensive information provided by the Government on the socio-economic status of Roma, which limits the effective monitoring of the different programmes and strategies adopted by the Government; and (ii) about the insufficient resources allocated for the effective implementation of the National Strategy for Roma Inclusion which is also negatively affected by challenges in terms of coordination between national, regional and local authorities (CERD/C/SVK/CO/11-12, 12 January 2018, paragraphs 5 and 17). The Committee further notes with concern, the persistent, widespread and systemic discrimination and segregation affecting Roma children in the education system, as noted by several European and international bodies which recommended that all forms of discriminatory practices against Roma, in particular in access to education and employment, be brought to an end (E/C.12/SVK/CO/3, 18 October 2019, paragraph 50; A/HRC/41/13, 16 April 2019, paragraph 121; CERD/C/SVK/CO/11-12, paragraph 25; and European Commission, Country report on non-discrimination, 2018, page 145). The Committee strongly urges the Government to bring an end to the segregation of Roma pupils in schools and asks the Government to provide information on the steps taken to this end and the results thereof. With regard to the discrimination and segregation faced by Roma pupils, the Committee asks in particular that the Government take the necessary steps to ensure that the results and impact of the actions and programmes implemented, including within the framework of the action plans to the Strategy for the Integration of Roma up to 2020, are assessed and asks the Government to communicate the results of this assessment. The Committee further asks the Government to continue to take proactive measures to ensure that acts of discrimination against Roma people in employment and occupation are effectively prevented and eliminated, including through active awareness-raising addressing stereotypes and prejudices, and to provide information on the results of the survey on existing barriers to Roma entry into the labour market. The Committee also asks the Government to provide information on any discrimination cases dealt with by the labour inspectorate, the Ombudsperson or the courts, or other competent authorities, as well as the penalties imposed and remedies granted. Finally, recalling that collecting and analysing appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination against Roma people and the setting of priorities and the designing of appropriate measures and to the monitoring and evaluation of the impact of such measures, the Committee hopes that the Government will soon be in a position to provide updated statistical information, disaggregated by sex, on the labour market situation of Roma people.
General observation of 2018. With regard to the above issues and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.
The Committee is raising other matters in a request addressed directly to the Government.

C129 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
Article 3(2) of Convention No. 81, and Article 6(3) of Convention No. 129. Additional duties entrusted to labour inspectors. The Committee notes the Government’s indication, in reply to its previous request, that labour inspection services continue to give their full attention to Occupational Safety and Health (OSH) protection. The Government states that, according to the Plan of the National Labour Inspectorate (NLI) for 2018, only two out of 18 tasks identified as the NLI’s priorities concern supervision of illegal work. However, the Committee notes that according to the 2018 Report on the State of Work Protection, available on the NLI’s website, out of a total of 68,620 inspections carried out in 2018, 17,269 inspections focused on working conditions and 11,727 focused on OSH, while 25,769 inspections focused on illegal employment. The Committee also notes that the NLI issued a total of 1,219 sanctions for 11,491 violations of the Labour Code detected including those related to illegal work without an employment contract or illegal employment. It notes the Government’s statement that all situations of workers found in an irregular situation were resolved by the end of 2018.
The Committee once again recalls that, pursuant to Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. Noting that nearly 40 per cent of labour inspections performed in 2018 focused on the control of illegal work, the Committee requests the Government to indicate whether this includes the control of the legality of employment of migrant workers in an irregular situation, and if so, to provide information on the measures taken to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as required under Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It also requests the Government to provide further information on action undertaken by the National Labour Inspectorate to ensure the enforcement of employers’ obligations with regard to the statutory rights of migrant workers found to be in an irregular situation, including specific information on the number of cases where such workers have been granted their due rights, such as the amounts of payment of outstanding wages, the extension of social security benefits provided in connection with the period of employment, or the establishment of an employment contract.
Articles 4 and 5 of Convention No. 81, and Articles 7 and 12 of Convention No. 129. Supervision by a central labour inspection authority and effective cooperation between the labour inspectorate and other government services, and collaboration with employers’ and workers’ organizations. The Committee notes the Government’s indication, in reply to its previous request, that in 2018, the labour inspectorates and the Bureau of Regional Public Health carried out 34 joint inspections, in line with the agreement of the control authorities at the regional level concerning the EU–OSHA campaign “Healthy Workplaces Manage Dangerous Substances.” The NLI and the Public Health Authority cooperate in dealing with complaints to avoid duplications in investigation. The labour inspectorates and the Police Corps at the national and regional levels carry out joint inspections related to supervising compliance with social legislation in transport on roads, based on a cooperation agreement between the NLI and the Ministry of Interior. The NLI also uses the database of the Social Insurance Agency for inspections on illegal employment and on employers’ non-compliance with social security contributions. The Committee further notes the conclusion of a cooperation agreement between the NLI, the Confederation of Trade Unions (KOZ) and the Association of Employers’ Federations (AZZZ), under which the KOZ and AZZZ regularly send reports to the NLI on their activities related to labour inspection and participate in inspection activities carried out by the NLI. Based on this cooperation, annual reports are regularly published. The Committee requests the Government to provide further information on the conditions and modalities under which the NLI collaborates with the KOZ and AZZZ, including the impact of such collaboration in relation to the enforcement of legal provisions on the conditions of work and the protection of workers.
Articles 20 and 21 of Convention No. 81, and Articles 26 and 27 of Convention No. 129. Annual inspection report. The Committee notes the Government’s indication, in reply to its previous request, that the annual reports on labour inspection activities will be submitted to the ILO. It also notes that the 2018 Report on the State of Work Protection is available on the website of the NLI. However, it does not contain full information on the activities of the labour inspection services in agriculture, as required by Article 27 of Convention No. 129. The Committee once again requests the Government to take the necessary measures to ensure that future reports contain full information on the activities of the labour inspection services in agriculture, including statistics on: agricultural undertakings liable to inspection and the number of persons working therein (Article 27(c) of Convention No. 129), the number of inspection visits undertaken (Article 27(d)), the specific penalties imposed for violations (Article 27(e)) and the number of occupational accidents and diseases (Article 27(f) and (g)). The Committee also requests the Government to ensure that annual reports are transmitted to the ILO, in accordance with Article 20(3).

C130 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards) and 130 (medical care and sickness benefit) together.
Articles 7, 13, 17, 27, 28, 29 of Convention No. 130. The Committee notes the information provided by the Government in reply to its previous requests concerning a minimum degree of incapacity for work, medical care benefits, cost sharing, funeral allowance, suspension of benefits and right to appeal and complaint.
Articles 15 (Sickness benefit), 48 (Maternity benefit), 55 (Invalidity benefit), 61 (Survivors’ benefit) of Convention No. 102 and Article 19 (Sickness benefit) of Convention No. 130. Persons protected. The Committee requests the Government to provide statistical data on the number of persons protected.
Part VII (Family benefit). Article 44 of Convention No. 102. Calculation of the total value of family benefits. The Committee requests the Government to provide statistical data on the total value of family benefits.
Part IX (Invalidity benefit), Article 56 and Part X (Survivors’ benefit), Article 62. Replacement rate of benefits. The Committee requests the Government to provide statistical data on replacement rate of invalidity and survivors’ benefits in accordance with Titles I–V of the report form for the Convention.
Article 65(10). Adjustment of invalidity and survivors’ benefits. The Committee requests the Government to provide statistical data on adjustment of invalidity and survivors’ benefits in accordance with Title VI of the report form for the Convention.
Part XIII (Common provisions). Article 71. Financing of benefits. The Committee requests the Government to provide statistical data on the total of the insurance contributions borne by the persons protected.
Article 32 of Convention No. 130, in conjunction with Article 10(a) or (b). Equal treatment. In its previous comments, the Committee requests the Government to provide information on the legislation and procedures available to ensure access to medical care for non-nationals. The Committee takes note of the Government’s indications provided in its report that every natural person with permanent residence in Slovakia is mandatorily insured in the public health insurance system. With regard to third country nationals (foreign nationals who are not nationals of an EU/EEA Member State or Switzerland) who have not been granted permanent residence, the Government indicates that they are also mandatorily insured in case of performance of gainful activity in the country. The Government further indicates that third country nationals with temporary residence for the purpose of family reunification (family members) are mandatorily insured in the public health insurance system only if they are employed or conduct business in Slovakia. The Committee recalls that the application of Article 32 of the Convention, in conjunction with Article 10(a) or (b), requires that the wives and children of persons protected who are non-nationals and who normally reside in the country be also covered in respect of medical care benefits regardless of their employment status or economic activity. The Committee requests the Government to explain how it ensures the provision of medical care benefits to the wives and children of third country nationals who have temporary residence status but who are neither employed nor conducting business in Slovakia, in the same manner as the wives and children of Slovak nationals.

C142 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

C173 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

C182 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.
© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer