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

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

Other comments on C100

Observation

Direct Request

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

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

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

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

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

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