National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Repetition Article 2 of the Convention. Application to non-nationals. Regarding its previous comments on the application of the Convention to non-nationals, the Committee notes from the Government’s report that the amended Act No. 195/1998, Coll. on social assistance extends social assistance to foreigners and stateless persons provided they are not receiving assistance under international agreements binding the Slovak Republic. The Government’s report also specifies that a natural person who is not a citizen of the Slovak Republic may benefit from those social services, social prevention and social guidance which are provided by private providers. The Committee asks the Government to provide information on how in practise the Convention is applied to non-nationals, including relevant statistical data. In particular, the Committee invites the Government to clarify in its next report whether non-nationals are allowed to benefit solely from those social services, social prevention and social guidance which are provided for by private partners, or, whether they can also benefit from the services provided under the Employment Service Act. Article 3. National policy. The Committee further notes the strategic document “Measures for the reconciliation of life at work and in the family for the year 2006, with perspective until 2010”, approved by government Resolution No. 560 of 21 June 2006. The Committee also notes the Government’s indication that there is a trend towards an increasing ratio of women (66.23 per cent), including women with family responsibilities, among the jobseekers participating in training and other preparations for entry into the labour market. The Committee asks the Government to continue to provide information on the number of men and women with family responsibilities participating in the National Programme of Education and Preparation for the Labour Market indicating how many subsequently entered the labour market. The Committee also asks the Government to keep it informed of the progress made regarding the implementation of the measures set out in the 2006 strategic document on work and family, and their impact on achieving the objectives of the Convention.Articles 4(a) and 7. Measures to promote free choice of employment and integration in the labour market. With regard to its previous request for information on the practical implementation of the provisions included in the Labour Code and the Employment Service Act aimed at enabling workers with family responsibilities to exercise their right to free choice of employment, the Committee notes that according to the Government’s report those provisions may be implemented mainly through collective agreements, labour inspection and projects and programmes financed or co-financed by the European Social Fund. In this regard, the Committee also notes the amendments to Act No. 599/2003, Coll. on assistance in material hardship, providing for monetary benefits for a parent who takes care of a child younger than 1 year, receiving assistance in material hardship. Additionally, the Committee observes that the Office of Labour, under paragraph 46 of Act No. 5/2004 Coll. on employment services, may provide the jobseeker with a contribution for education and preparation for the labour market of up to 100 per cent of the costs of the first educational activity, up to 75 per cent of the cost of the second, and up to 50 per cent of each additional educational activity within two years of the commencement of first training. The Committee would appreciate receiving more information on any projects and programmes carried out with the support of the European Social Fund, which promote the integration of workers with family responsibilities, including information on their outcomes. The Committee also invites the Government to supply information on the implementation of the relevant provisions of the Labour Code and the Employment Service Act enabling workers with family responsibilities to exercise their right to free choice of employment. Please also provide copies of any collective agreements which include specific provisions in favour of workers with family responsibilities.Article 4(b). Working hours and leave entitlements. The Committee recalls its previous comments regarding special leave entitlements and working time arrangements. The Committee notes that according to the Government’s report even though the legislation contemplates the possibility of working shorter hours and the Labour Code explicitly establishes a guarantee of equal working conditions of employees working reduced hours and those working the established number of weekly hours, both men and women workers utilize this option only to a small extent. In 2004, for instance, approximately 0.7 per cent of men and 1.9 per cent of women worked shorter hours in order to care for children and other dependent persons. In particular, the Committee observes that surveys conducted in previous years confirmed that women generally showed no particular preference for shorter working hours in order to reconcile work and family life; instead they would opt for flexible forms of work, such as flexible hours, non-traditional working time arrangement, and telework. The Committee reiterates its request to the Government to provide information on the number of men and women exercising their right to parental leave, as well as the number of men and women employees requesting flexible working time arrangements, reduced working hours or homework in order to better combine work with family responsibilities.Article 5. Community services for children and other dependent persons. The Committee notes the enactment of Act No. 244/2005, Coll. effective from 1 July 2005, thereby amending the Act on parental contribution, which extended the framework for qualified care for children up to 3 and 6 years of age by granting a “parental contribution” to parents who take care of their children. The Committee also observes that according to the Government’s report, the utilization of the options provided for in the legislation is still insufficient. The Committee also notes that care for children below 2 years of age which had previously been provided by nurseries under the Ministry of Public Health, no longer exists and care for children of this age group is now provided by private providers for payment. The Committee invites the Government to keep it informed on the practical implementation of Act No. 244/2005 amending the Act on parental contribution, in particular on the number of parents taking care of children below 2 years of age who have requested such parental contribution. Please also provide information on the number of parents making use of private childcare providers and the obstacles encountered by parents in accessing such childcare. The Committee also draws attention to the fact that the Convention applies not only to workers with responsibilities in relation to their dependent children but also to workers with family responsibilities in relation to “other members of their immediate family who clearly need their care or support”. Therefore, the Committee asks the Government to provide information on the initiatives taken or envisaged in that respect, including the status of the 2003 draft legislation regarding support services for dependent persons referred to in its previous report.Article 6. Educational programmes. The Committee notes the projects aimed at eliminating gender-based segregation in the labour market and promoting work–life balance referred to in the Government’s report. In particular, the Committee observes that the Ministry of Education specifically requested universities preparing teachers and other educators to prepare their future graduates for the tasks involved in the education of students so that gender stereotypes can be removed. The Committee also notes the social audit project “Family and Work”, which aims at motivating employers toward the creation of working environments sensitive to the employees’ family responsibilities. Further, the Ministry of Labour, in cooperation with the Confederation of Trade Unions’ Commission, the Independent Christian Trade Unions, the Slovak National Centre for Human Rights, the agency for small and medium-sized businesses and employers’ associations, intends to regularly carry out educational activities on the reconciliation of work and family for employers’ organizations, trade unions and Chambers of Commerce. The Committee asks the Government to provide information on both the impact of these initiatives in attaining the objectives of the Convention, and their practical follow-up.Article 11. Participation of employers’ and workers’ organizations. The Committee notes that the measure “Support of pro-family collective bargaining through the recommended inclusion of implicit provisions for reconciliation of life at work and in the family into all collective agreement and contract types” has been incorporated in the strategic document adopted by the Government on 21 June 2006. The Committee also notes the extensive information supplied on the activities to sensitize social partners on the objectives of the Convention. The Committee would appreciate receiving further information on the measure “Support of pro-family collective bargaining” and invites the Government to keep it informed on its impact on the collective bargaining process.Enforcement. The Committee notes that the National Labour Inspectorate and the regional labour inspectorates continue to execute special audits to monitor compliance with relevant legislation. It also notes that the measures envisioned under the 2006 strategic document include special measures aiming both at training labour inspectors and elaborating an effective methodology for controlling compliance of the working conditions with the objective of reconciling life at work and in the family. In addition to the role played by the labour inspectorate, the Committee also notes the role played by the National Centre for Human Rights and the Ombudsperson. The latter is reported to have received 5,000 claims since 2004, out of which 37 per cent concerned labour discrimination suffered by women. The Committee invites the Government to continue to provide information on the activities of these bodies as regards the promotion of equality of opportunity and treatment for both men and women workers with family responsibilities. The Committee also asks the Government to supply copies of any relevant judicial decisions in this regard.
Repetition ...Article 2. Application to non-nationals. Regarding its previous comments on the application of the Convention to non-nationals, the Committee notes from the Government’s report that the amended Act No. 195/1998, Coll. on Social Assistance extends social assistance to aliens and stateless persons provided they are not receiving assistance under international agreements binding the Slovak Republic. The Government’s report also specifies that a natural person who is not a citizen of the Slovak Republic may benefit from those social services, social prevention and social guidance which are provided by private providers. The Committee asks the Government to provide information on how in practise the Convention is applied to non-nationals, including relevant statistical data. In particular, the Committee invites the Government to clarify in its next report whether non-citizens are allowed to benefit solely from those social services, social prevention and social guidance which are provided for by private partners, or, whether they can also benefit from the services provided under the Employment Service Act. Article 3. National policy. The Committee further notes the strategic document “Measures for the reconciliation of life at work and in the family for the year 2006, with perspective until 2010”, approved by government resolution No. 560 of 21 June 2006. The Committee also notes the Government’s indication that there is a trend towards an increasing ratio of women (66.23 per cent), including women with family responsibilities, among the jobseekers participating in training and other preparations for entry into the labour market. The Committee asks the Government to continue to provide information on the number of men and women with family responsibilities participating in the National Programme of Education and Preparation for the Labour Market indicating how many subsequently entered the labour market. The Committee also asks the Government to keep it informed of the progress made regarding the implementation of the measures set out in the 2006 strategic document on work and family, and their impact on achieving the objectives of the Convention.Articles 4(a) and 7. Measures to promote free choice of employment and integration in the labour market. With regard to its previous request for information on the practical implementation of the provisions included in the Labour Code and the Employment Service Act aimed at enabling workers with family responsibilities to exercise their right to free choice of employment, the Committee notes that according to the Government’s report those provisions may be implemented mainly through collective agreements, labour inspection and projects and programmes financed or co-financed by the European Social Fund. In this regard, the Committee also notes the amendments to Act No. 599/2003, Coll. on Assistance in Material Hardship, providing for monetary benefits for a parent who takes care of a child younger than 1 year, receiving assistance in material hardship. Additionally, the Committee observes that the Office of Labour, under paragraph 46 of Act No. 5/2004 Coll. on Employment Services, may provide the jobseeker with a contribution for education and preparation for the labour market of up to 100 per cent of the costs of the first educational activity, up to 75 per cent of the cost of the second, and up to 50 per cent of each additional educational activity within two years of the commencement of first training. The Committee would appreciate receiving more information on any projects and programmes carried out with the support of the European Social Fund, which promote the integration of workers with family responsibilities, including information on their outcomes. The Committee also invites the Government to supply information on the implementation of the relevant provisions of the Labour Code and the Employment Service Act enabling workers with family responsibilities to exercise their right to free choice of employment. Please also provide copies of any collective agreements which include specific provisions in favour of workers with family responsibilities.Article 4(b). Working hours and leave entitlements. The Committee recalls its previous comments regarding special leave entitlements and working time arrangements. The Committee notes that according to the Government’s report even though the legislation contemplates the possibility of working shorter hours and the Labour Code explicitly establishes a guarantee of equal working conditions of employees working reduced hours and those working the established number of weekly hours, both men and women workers utilize this option only to a small extent. In 2004, for instance, approximately 0.7 per cent of men and 1.9 per cent of women worked shorter hours in order to care for children and other dependent persons. In particular, the Committee observes that surveys conducted in previous years confirmed that women generally showed no particular preference for shorter working hours in order to reconcile work and family life; instead they would opt for flexible forms of work, such as flexible hours, non-traditional working time arrangement, and telework. The Committee reiterates its request to the Government to provide information on the number of men and women exercising their right to parental leave, as well as the number of men and women employees requesting flexible working time arrangements, reduced working hours or homework in order to better combine work with family responsibilities.Article 5. Community services for children and other dependent persons. The Committee notes the enactment of Act No. 244/2005, Coll. effective from 1 July 2005, thereby amending the Act on Parental Contribution, which extended the framework for qualified care for children up to 3 and 6 years of age by granting a “parental contribution” to parents who take care of their children. The Committee also observes that according to the Government’s report, the utilization of the options provided for in the legislation is still insufficient. The Committee also notes that care for children below 2 years of age which had previously been provided by nurseries under the Ministry of Public Health, no longer exists and care for children of this age group is now provided by private providers for payment. The Committee invites the Government to keep it informed on the practical implementation of Act No. 244/2005 amending the Act on Parental Contribution, in particular on the number of parents taking care of children below 2 years of age who have requested such parental contribution. Please also provide information on the number of parents making use of private childcare providers and the obstacles encountered by parents in accessing such childcare. The Committee also draws attention to the fact that the Convention applies not only to workers with responsibilities in relation to their dependent children but also to workers with family responsibilities in relation to “other members of their immediate family who clearly need their care or support”. Therefore, the Committee asks the Government to provide information on the initiatives taken or envisaged in that respect, including the status of the 2003 draft legislation regarding support services for dependent persons referred to in its previous report.Article 6. Educational programmes. The Committee notes the projects aimed at eliminating gender-based segregation in the labour market and promoting work–life balance referred to in the Government’s report. In particular, the Committee observes that the Ministry of Education specifically requested universities preparing teachers and other educators to prepare their future graduates for the tasks involved in the education of students so that gender stereotypes can be removed. The Committee also notes the social audit project “Family and Work”, which aims at motivating employers toward the creation of working environments sensitive to the employees’ family responsibilities. Further, the Ministry of Labour, in cooperation with the Confederation of Trade Unions’ Commission, the Independent Christian Trade Unions, the Slovak National Centre for Human Rights, the agency for small and medium-sized businesses and employers’ associations, intends to regularly carry out educational activities on the reconciliation of work and family for employers’ organizations, trade unions and Chambers of Commerce. The Committee asks the Government to provide information on both the impact of these initiatives in attaining the objectives of the Convention, and their practical follow-up.Article 11. Participation of employers’ and workers’ organizations. The Committee notes that the measure “Support of pro-family collective bargaining through the recommended inclusion of implicit provisions for reconciliation of life at work and in the family into all collective agreement and contract types” has been incorporated in the strategic document adopted by the Government on 21 June 2006. The Committee also notes the extensive information supplied on the activities to sensitize social partners on the objectives of the Convention. The Committee would appreciate receiving further information on the measure “Support of pro-family collective bargaining” and invites the Government to keep it informed on its impact on the collective bargaining process.Enforcement. The Committee notes that the National Labour Inspectorate and the regional labour inspectorates continue to execute special audits to monitor compliance with relevant legislation. It also notes that the measures envisioned under the 2006 strategic document include special measures aiming both at training labour inspectors and elaborating an effective methodology for controlling compliance of the working conditions with the objective of reconciling life at work and in the family. In addition to the role played by the labour inspectorate, the Committee also notes the role played by the National Centre for Human Rights and the Ombudsperson. The latter is reported to have received 5,000 claims since 2004, out of which 37 per cent concerned labour discrimination suffered by women. The Committee invites the Government to continue to provide information on the activities of these bodies as regards the promotion of equality of opportunity and treatment for both men and women workers with family responsibilities. The Committee also asks the Government to supply copies of any relevant judicial decisions in this regard.
Repetition Article 1 of the Convention. Definition of “dependent family member”. With respect to its request for clarification as to the definition of “other members of their family who clearly need care or support”, the Committee notes from the Government’s report that this provision is applied by article 116 of the Civil Code, pursuant to which “[a] close person is a direct-line relative, sibling and spouse; other persons in a familial or other relationship are deemed mutually close persons when one of them would, on reasonable grounds, perceive harm suffered by the other one as harm suffered by himself/herself”. Article 2. Application to non-nationals. Regarding its previous comments on the application of the Convention to non-nationals, the Committee notes from the Government’s report that the amended Act No. 195/1998, Coll. on Social Assistance extends social assistance to aliens and stateless persons provided they are not receiving assistance under international agreements binding the Slovak Republic. The Government’s report also specifies that a natural person who is not a citizen of the Slovak Republic may benefit from those social services, social prevention and social guidance which are provided by private providers. The Committee asks the Government to provide information on how in practise the Convention is applied to non-nationals, including relevant statistical data. In particular, the Committee invites the Government to clarify in its next report whether non-citizens are allowed to benefit solely from those social services, social prevention and social guidance which are provided for by private partners, or, whether they can also benefit from the services provided under the Employment Service Act. Article 3. National policy. The Committee notes with interest that the issue of reconciliation of work and family life has been a priority of the Government since 2005 and that the state family policy has identified this problem as a priority for the years 2005–06. The Committee further notes the strategic document “Measures for the reconciliation of life at work and in the family for the year 2006, with perspective until 2010”, approved by government resolution No. 560 of 21 June 2006. The Committee also notes the Government’s indication that there is a trend towards an increasing ratio of women (66.23 per cent), including women with family responsibilities, among the jobseekers participating in training and other preparations for entry into the labour market. The Committee asks the Government to continue to provide information on the number of men and women with family responsibilities participating in the National Programme of Education and Preparation for the Labour Market indicating how many subsequently entered the labour market. The Committee also asks the Government to keep it informed of the progress made regarding the implementation of the measures set out in the 2006 strategic document on work and family, and their impact on achieving the objectives of the Convention.Articles 4(a) and 7. Measures to promote free choice of employment and integration in the labour market. With regard to its previous request for information on the practical implementation of the provisions included in the Labour Code and the Employment Service Act aimed at enabling workers with family responsibilities to exercise their right to free choice of employment, the Committee notes that according to the Government’s report those provisions may be implemented mainly through collective agreements, labour inspection and projects and programmes financed or co-financed by the European Social Fund. In this regard, the Committee also notes the amendments to Act No. 599/2003, Coll. on Assistance in Material Hardship, providing for monetary benefits for a parent who takes care of a child younger than 1 year, receiving assistance in material hardship. Additionally, the Committee observes that the Office of Labour, under paragraph 46 of Act No. 5/2004 Coll. on Employment Services, may provide the jobseeker with a contribution for education and preparation for the labour market of up to 100 per cent of the costs of the first educational activity, up to 75 per cent of the cost of the second, and up to 50 per cent of each additional educational activity within two years of the commencement of first training. The Committee would appreciate receiving more information on any projects and programmes carried out with the support of the European Social Fund, which promote the integration of workers with family responsibilities, including information on their outcomes. The Committee also invites the Government to supply information on the implementation of the relevant provisions of the Labour Code and the Employment Service Act enabling workers with family responsibilities to exercise their right to free choice of employment. Please also provide copies of any collective agreements which include specific provisions in favour of workers with family responsibilities.Article 4(b). Working hours and leave entitlements. The Committee recalls its previous comments regarding special leave entitlements and working time arrangements. The Committee notes that according to the Government’s report even though the legislation contemplates the possibility of working shorter hours and the Labour Code explicitly establishes a guarantee of equal working conditions of employees working reduced hours and those working the established number of weekly hours, both men and women workers utilize this option only to a small extent. In 2004, for instance, approximately 0.7 per cent of men and 1.9 per cent of women worked shorter hours in order to care for children and other dependent persons. In particular, the Committee observes that surveys conducted in the previous years confirmed that women generally showed no particular preference for shorter working hours in order to reconcile work and family life; instead they would opt for flexible forms of work, such as flexible hours, non-traditional working time arrangement, and telework. The Committee reiterates its request to the Government to provide information on the number of men and women exercising their right to parental leave, as well as the number of men and women employees requesting flexible working time arrangements, reduced working hours or homework in order to better combine work with family responsibilities.Article 5. Community services for children and other dependent persons. The Committee notes the enactment of Act No. 244/2005, Coll. effective from 1 July 2005, thereby amending the Act on Parental Contribution, which extended the framework for qualified care for children up to 3 and 6 years of age by granting a “parental contribution” to parents who take care of their children. The Committee also observes that according to the Government’s report, the utilization of the options provided for in the legislation is still insufficient. The Committee also notes that care for children below 2 years of age which had previously been provided by nurseries under the Ministry of Public Health, no longer exists and care for children of this age group is now provided by private providers for payment. The Committee invites the Government to keep it informed on the practical implementation of Act No. 244/2005 amending the Act on Parental Contribution, in particular on the number of parents taking care of children below 2 years of age who have requested such parental contribution. Please also provide information on the number of parents making use of private childcare providers and the obstacles encountered by parents in accessing such childcare. The Committee also draws attention to the fact that the Convention applies not only to workers with responsibilities in relation to their dependent children but also to workers with family responsibilities in relation to “other members of their immediate family who clearly need their care or support”. Therefore, the Committee asks the Government to provide information on the initiatives taken or envisaged in that respect, including the status of the 2003 draft legislation regarding support services for dependent persons referred to in its previous report.Article 6. Educational programmes. The Committee notes the projects aimed at eliminating gender-based segregation in the labour market and promoting work–life balance referred to in the Government’s report. In particular, the Committee observes that the Ministry of Education specifically requested universities preparing teachers and other educators to prepare their future graduates for the tasks involved in the education of students so that gender stereotypes can be removed. The Committee also notes the social audit project “Family and Work”, which aims at motivating employers toward the creation of working environments sensitive to the employees’ family responsibilities. Further, the Ministry of Labour, in cooperation with the Confederation of Trade Unions’ Commission, the Independent Christian Trade Unions, the Slovak National Centre for Human Rights, the agency for small and medium-sized businesses and employers’ associations, intends to regularly carry out educational activities on the reconciliation of work and family for employers’ organizations, trade unions and Chambers of Commerce. The Committee asks the Government to provide information on both the impact of these initiatives in attaining the objectives of the Convention, and their practical follow-up.Article 11. Participation of employers’ and workers’ organizations. The Committee notes that the measure “Support of pro-family collective bargaining through the recommended inclusion of implicit provisions for reconciliation of life at work and in the family into all collective agreement and contract types” has been incorporated in the strategic document adopted by the Government on 21 June 2006. The Committee also notes the extensive information supplied on the activities to sensitize social partners on the objectives of the Convention. The Committee would appreciate receiving further information on the measure “Support of pro-family collective bargaining” and invites the Government to keep it informed on its impact on the collective bargaining process.Enforcement. The Committee notes that the National Labour Inspectorate and the regional labour inspectorates continue to execute special audits to monitor compliance with relevant legislation. It also notes that the measures envisioned under the 2006 strategic document include special measures aiming both at training labour inspectors and elaborating an effective methodology for controlling compliance of the working conditions with the objective of reconciling life at work and in the family. In addition to the role played by the labour inspectorate, the Committee also notes the role played by the National Centre for Human Rights and the Ombudsperson. The latter is reported to have received 5,000 claims since 2004, out of which 37 per cent concerned labour discrimination suffered by women. The Committee invites the Government to continue to provide information on the activities of these bodies as regards the promotion of equality of opportunity and treatment for both men and women workers with family responsibilities. The Committee also asks the Government to supply copies of any relevant judicial decisions in this regard.
1. Article 1 of the Convention. Definition of “dependent family member”. With respect to its request for clarification as to the definition of “other members of their family who clearly need care or support”, the Committee notes from the Government’s report that this provision is applied by article 116 of the Civil Code, pursuant to which “[a] close person is a direct-line relative, sibling and spouse; other persons in a familial or other relationship are deemed mutually close persons when one of them would, on reasonable grounds, perceive harm suffered by the other one as harm suffered by himself/herself”.
2. Article 2. Application to non-nationals. Regarding its previous comments on the application of the Convention to non-nationals, the Committee notes from the Government’s report that the amended Act No. 195/1998, Coll. on Social Assistance extends social assistance to aliens and stateless persons provided they are not receiving assistance under international agreements binding the Slovak Republic. The Government’s report also specifies that a natural person who is not a citizen of the Slovak Republic may benefit from those social services, social prevention and social guidance which are provided by private providers. The Committee asks the Government to provide information on how in practise the Convention is applied to non-nationals, including relevant statistical data. In particular, the Committee invites the Government to clarify in its next report whether non-citizens are allowed to benefit solely from those social services, social prevention and social guidance which are provided for by private partners, or, whether they can also benefit from the services provided under the Employment Service Act.
3. Article 3. National policy. The Committee notes with interest that the issue of reconciliation of work and family life has been a priority of the Government since 2005 and that the state family policy has identified this problem as a priority for the years 2005–06. The Committee further notes the strategic document “Measures for the reconciliation of life at work and in the family for the year 2006, with perspective until 2010”, approved by government resolution No. 560 of 21 June 2006. The Committee also notes the Government’s indication that there is a trend towards an increasing ratio of women (66.23 per cent), including women with family responsibilities, among the jobseekers participating in training and other preparations for entry into the labour market. The Committee asks the Government to continue to provide information on the number of men and women with family responsibilities participating in the National Programme of Education and Preparation for the Labour Market indicating how many subsequently entered the labour market. The Committee also asks the Government to keep it informed of the progress made regarding the implementation of the measures set out in the 2006 strategic document on work and family, and their impact on achieving the objectives of the Convention.
4. Articles 4(a) and 7. Measures to promote free choice of employment and integration in the labour market. With regard to its previous request for information on the practical implementation of the provisions included in the Labour Code and the Employment Service Act aimed at enabling workers with family responsibilities to exercise their right to free choice of employment, the Committee notes that according to the Government’s report those provisions may be implemented mainly through collective agreements, labour inspection and projects and programmes financed or co-financed by the European Social Fund. In this regard, the Committee also notes the amendments to Act No. 599/2003, Coll. on Assistance in Material Hardship, providing for monetary benefits for a parent who takes care of a child younger than one year, receiving assistance in material hardship. Additionally, the Committee observes that the Office of Labour, under paragraph 46 of Act No. 5/2004 Coll. on Employment Services, may provide the jobseeker with a contribution for education and preparation for the labour market of up to 100 per cent of the costs of the first educational activity, up to 75 per cent of the cost of the second, and up to 50 per cent of each additional educational activity within two years of the commencement of first training. The Committee would appreciate receiving more information on any projects and programmes carried out with the support of the European Social Fund, which promote the integration of workers with family responsibilities, including information on their outcomes. The Committee also invites the Government to supply information on the implementation of the relevant provisions of the Labour Code and the Employment Service Act enabling workers with family responsibilities to exercise their right to free choice of employment. Please also provide copies of any collective agreements which include specific provisions in favour of workers with family responsibilities.
5. Article 4(b). Working hours and leave entitlements. The Committee recalls its previous comments regarding special leave entitlements and working time arrangements. The Committee notes that according to the Government’s report even though the legislation contemplates the possibility of working shorter hours and the Labour Code explicitly establishes a guarantee of equal working conditions of employees working reduced hours and those working the established number of weekly hours, both men and women workers utilize this option only to a small extent. In 2004, for instance, approximately 0.7 per cent of men and 1.9 per cent of women worked shorter hours in order to care for children and other dependent persons. In particular, the Committee observes that surveys conducted in the previous years confirmed that women generally showed no particular preference for shorter working hours in order to reconcile work and family life; instead they would opt for flexible forms of work, such as flexible hours, non-traditional working time arrangement, and telework. The Committee reiterates its request to the Government to provide information on the number of men and women exercising their right to parental leave, as well as the number of men and women employees requesting flexible working time arrangements, reduced working hours or homework in order to better combine work with family responsibilities.
6. Article 5. Community services for children and other dependent persons. The Committee notes the enactment of Act No. 244/2005, Coll. effective from 1 July 2005, thereby amending the Act on Parental Contribution, which extended the framework for qualified care for children up to three and six years of age by granting a “parental contribution” to parents who take care of their children. The Committee also observes that according to the Government’s report, the utilization of the options provided for in the legislation is still insufficient. The Committee also notes that care for children below 2 years of age which had previously been provided by nurseries under the Ministry of Public Health, no longer exists and care for children of this age group is now provided by private providers for payment. The Committee invites the Government to keep it informed on the practical implementation of Act No. 244/2005 amending the Act on Parental Contribution, in particular on the number of parents taking care of children below 2 years of age who have requested such parental contribution. Please also provide information on the number of parents making use of private childcare providers and the obstacles encountered by parents in accessing such childcare. The Committee also draws attention to the fact that the Convention applies not only to workers with responsibilities in relation to their dependent children but also to workers with family responsibilities in relation to “other members of their immediate family who clearly need their care or support”. Therefore, the Committee asks the Government to provide information on the initiatives taken or envisaged in that respect, including the status of the 2003 draft legislation regarding support services for dependent persons referred to in its previous report.
7. Article 6. Educational programmes. The Committee notes the projects aimed at eliminating gender-based segregation in the labour market and promoting work–life balance referred to in the Government’s report. In particular, the Committee observes that the Ministry of Education specifically requested universities preparing teachers and other educators to prepare their future graduates for the tasks involved in the education of students so that gender stereotypes can be removed. The Committee also notes the social audit project “Family and Work”, which aims at motivating employers toward the creation of working environments sensitive to the employees’ family responsibilities. Further, the Ministry of Labour, in cooperation with the Confederation of Trade Unions’ Commission, the Independent Christian Trade Unions, the Slovak National Centre for Human Rights, the agency for small and medium-sized businesses and employers’ associations, intends to regularly carry out educational activities on the reconciliation of work and family for employers’ organizations, trade unions and Chambers of Commerce. The Committee asks the Government to provide information on both the impact of these initiatives in attaining the objectives of the Convention, and their practical follow-up.
8. Article 11. Participation of employers’ and workers’ organizations. The Committee notes that the measure “Support of pro-family collective bargaining through the recommended inclusion of implicit provisions for reconciliation of life at work and in the family into all collective agreement and contract types” has been incorporated in the strategic document adopted by the Government on 21 June 2006. The Committee also notes the extensive information supplied on the activities to sensitize social partners on the objectives of the Convention. The Committee would appreciate receiving further information on the measure “Support of pro-family collective bargaining” and invites the Government to keep it informed on its impact on the collective bargaining process.
9. Enforcement. The Committee notes that the National Labour Inspectorate and the regional labour inspectorates continue to execute special audits to monitor compliance with relevant legislation. It also notes that the measures envisioned under the 2006 strategic document include special measures aiming both at training labour inspectors and elaborating an effective methodology for controlling compliance of the working conditions with the objective of reconciling life at work and in the family. In addition to the role played by the labour inspectorate, the Committee also notes the role played by the National Centre for Human Rights and the Ombudsperson. The latter is reported to have received 5,000 claims since 2004, out of which 37 per cent concerned labour discrimination suffered by women. The Committee invites the Government to continue to provide information on the activities of these bodies as regards the promotion of equality of opportunity and treatment for both men and women workers with family responsibilities. The Committee also asks the Government to supply copies of any relevant judicial decisions in this regard.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
[…]
2. Article 1 of the Convention. Definition of “dependent child” and “dependent family member”. The Committee notes the broad definition of “family member” in section 40(5) of the Labour Code and the definition of dependent child in section 9 of the Act on Social Insurance – Collection of Laws No. 461/2003. The Committee also notes that sections 68(3), 103(g), 165 of the Labour Code refer to care of a “close person”. The Committee requests the Government to clarify in its next report how the “other members of their immediate family who clearly need care or support” are defined for the purposes of the application of the Convention.
3. Article 2. Application to non-nationals. The Committee notes the Government’s indication that the measures taken to give effect to the Convention apply to all branches of the economy and to all categories of workers. It also notes that certain provisions cited in the report as relevant to the application of the Convention, particularly references to the Employment Services Act and the Social Assistance Act, apply only to citizens. In this regard, the Committee wishes to draw the Government’s attention to paragraph 47 of its 1993 General Survey on workers with family responsibilities which points out that the Convention is intended to cover all workers living in a particular country, whether or not they are nationals of that country. The Committee requests the Government to indicate the manner in which the Convention is applied to non-citizens residing in the territory of Slovakia.
4. Article 3. National policy. The Committee notes the provisions prohibiting discrimination in employment and occupation based, among others, on sex, marital and family status in the Acts mentioned in point 1 of this direct request. It asks the Government to clarify in its next report whether the ground of “family status” includes “family responsibilities”. Noting further that employees in the civil service and public function are only covered by the provisions of the Labour Code, if stipulated by a special regulation, the Committee requests the Government to indicate whether the specific provisions in the Labour Code aimed at assisting workers with family responsibilities apply to employees in the civil service and public function.
5. Articles 4(a) and 7. Measures to promote free choice of employment and integration in the labour market. The Committee notes with interest that section 41(6) of the Labour Code prohibits the employer from asking for information about pregnancy and family conditions, and that sections 158 and 166, paragraph 1, of the Code provide that employees who return to work upon completion of maternity or parental leave shall be transferred to their original work or other work corresponding to the employment contract. Sections 153 and 154 provide for retraining of employees who cared for a child or for a dependent family member upon their return to work when they have been transferred to a new type of work or method of working. In addition, the Committee notes that the Act on Employment Services establishes conditions to assist certain categories of citizens with parental responsibilities to access employment through the employment intermediary system and their participation in the National Programme of Education and Preparation for the Labour Market. Measures include special contributions granted to employers providing jobs for disadvantaged jobseekers and contributions for childcare services for parents participating in the education programme, and preparation for the labour market (sections 8(d) and (e), 46(5) and (6) and 50 of the Act). The Committee requests the Government to provide information on the practical application of the abovementioned provisions in the Labour Code and the Employment Services Act, including the number of male and female jobseekers participating in the education programme who have been granted contributions for childcare by the Ministry of Labour, Social Affairs and the Family (MLSAF).
6. Vocational training. Further to the above, the Committee notes the Government’s statement that women, in the interest of family responsibilities, are often prepared to accept low-quality employment and that the prevailing orientation of women in education to humanities decreases their chances in the labour force. Therefore, retraining emphasizes computer literacy skills in the area of information technologies. The Government’s report further indicates that, in 2003, the National Labour Office provided for retraining of 13,787 women, 2,625 of whom were 45 years of age or older. Retraining courses were completed by 1,962 registered unemployed women (64.8 per cent of the total monthly average number of registered unemployed persons subject to retraining) and courses were mostly completed by women after maternity leave or women with low qualifications or education. The Committee asks the Government to continue to provide information on the number of men and women with family responsibilities participating in the National Programme of Education and Preparation for the Labour Market or any other vocational training programmes, the type of training courses they have followed and the number of them that have entered or re-entered the labour force following such training or preparation for the labour force.
7. Article 4(b). Working hours and leave entitlements. The Committee notes with interest the various provisions in the Labour Code regarding flexible working time arrangements and overtime (sections 87, 88, 163, 164 and 165), paid leave entitlements (section 141), including parental leave (sections 166 to 168) and breaks for breastfeeding (section 170), taking into account the needs of pregnant women, and male and female employees caring for children or for a close person who is mostly or completely disabled and not provided with social or institutional care facilities. It also notes the possibility of using flexible models of labour organization, such as reduced working hours and homework (sections 49, 50 and 52) and the Government’s indication that very few employers and workers are using this possibility in practice. The Committee requests the Government to provide information, disaggregated by sex, on the number of men and women exercising their right to parental leave, and an indication of the number of men and women employees requesting flexible working time arrangements, reduced working hours or homework in order to better combine work with family responsibilities.
8. Article 5. Community services for children and other dependent persons. The Committee notes the information in the Government’s report concerning the type and the extent of the social services provided under the Act No. 195/1998 on Social Assistance to citizens depending on assistance of another person. Furthermore, the Committee notes the Government’s indication that childcare for children above the age of 4 years old is relatively well established (at 30 September 2002, the kindergartens accommodated 70 per cent of all children of 4 years old, and 84.1 per cent of the 5 year-old children) but that childcare for children below the age of 2 is a problematic area and that the numbers and capacities of these professional establishments are unsatisfactory and are located mainly in urban areas. The Government also indicates that, with respect to children below the age of 3, many parents prefer to combine paid work and professional care of children, notwithstanding the existence of parental contributions. In this regard, the Committee notes the indications by the Government that the National Action Plan for Employment, as well as the Concept on Equality of Opportunities for Women and Men, include the provision of social services to working parents with small children and for persons depending on care of employed persons, and that many of the regional and district offices are seeking non-traditional and financially less demanding ways of spreading social services for families. In addition, the Committee notes that the MLSAF prepared draft legislation in 2003 with the objective of providing broader supportive services mainly to men and women caring for persons dependent on them and that it initiated a project introducing, among others, the issue of harmonizing work and family life into the agenda of the local and regional self-governments, which commenced in 2003. The Committee requests the Government to provide information on: (1) the status of the abovementioned draft legislation and the outcome of the initiatives taken by the local and regional self-governments seeking non-traditional and financially less demanding ways of spreading social services designed for families; (2) the number of workers with family responsibilities engaged in and seeking employment, and the number and age of children requiring care; (3) whether the childcare facilities and social services meet the present demand for such facilities and whether measures are being taken or contemplated to attempt to satisfy the demand for childcare facilities for children below the age of 2, and the progress achieved in this respect.
9. Article 6. Educational programmes. The Committee notes the Government’s statement that women’s role with respect to the family and maternity is frequently considered as an obstacle to their work due to dominant gender stereotypes and traditional perceptions of family roles in Slovakia. It also notes that various educational and information activities have been carried out by the Government, the social partners and civil society organizations to promote equal opportunities between men and women, including activities to raise awareness on the need to harmonize work and family life, and on the status of workers with family responsibilities in the labour market. The Committee request the Government to continue to supply information on relevant surveys, studies or programmes undertaken, including those conducted by the Centre for Labour and Family Studies, to promote a broader public understanding of various aspects of employment of workers with family responsibilities and the need for a more equitable sharing of family responsibilities between men and women. Please also supply information on the programmes undertaken to address stereotyping with respect to family responsibilities.
10. Article 8. Termination of employment. The Committee notes the relevant provisions in the Labour Code protecting from unlawful termination pregnant women, female or male employees who are on maternity or parental leave, or who are caring for a child younger than 3 years old, as well as those who care for a close person who is severely disabled. It also notes that security for an employee upon temporary incapacity during pregnancy, maternity and parenthood shall be governed by special regulations (section 156). Please provide copies of the regulations concerned, as well as information on any court decisions concerning violations of the abovementioned provisions, illustrating that family responsibilities do not constitute a valid reason for termination of employment.
11. Article 11. Participation of workers’ and employers’ organizations. The Committee notes the cooperation between the MLSAF and the Confederation of Trade Unions to give effect to the provisions of the Convention. It also notes that the MLSAF annually evaluates the “Concept of Equality of Opportunities of Women and Men” in cooperation with the social partners and that it presents a report for discussion to the Council of Economic and Social Agreement. Noting further that methods are being sought in cooperation with the social partners to assist workers with family responsibilities to integrate into the labour market, the Committee asks the Government to provide additional information on the outcomes of this cooperation with the social partners.
12. Part IV of the report form. The Committee notes the Government’s statement that the anti-discrimination legislation is not applied in practice and that very few women utilize the court procedures to claims their rights. The Committee requests the Government to provide information on the measures taken to ensure that the provisions relevant to workers with family responsibilities are applied and to supply copies of relevant court or tribunal decisions that may have involved questions relating to the application of the Convention.
13. Part V of the report form. Practical application. The Committee notes the various practical initiatives mentioned in the Government’s report aimed at facilitating the integration of workers with family responsibilities into the labour market and assisting them to harmonize their work and family life. These include, among others, the European Community Initiative EQUAL and Measure 2.2. on “Removing obstacles to the equality of men and women in the labour market, with emphasis on the harmonization of working and family life” under the Sector Operational Programme – Human Resources, and the preparation of a concept note by the MLSAF in 2004 to propose measures in support of harmonizing working and family life and the creation of a helpful environment for parents in the labour market. The Committee requests the Government to provide additional information in its next report on the practical follow-up of the abovementioned initiatives and the results achieved.
1. The Committee notes with interest the detailed information provided by the Government in its first report, from which it appears that the Government has adopted a national policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise that right without being subject to discrimination and without conflict between their employment and family responsibilities. This policy is embodied, in particular, in Act No. 311/2001 Coll. Labour Code as amended, Act No. 312/2001 Coll. on the Civil Service as amended, Act No. 552/2003 on Work Performed in Public Interest, Act No. 5/2004 on Employment Services, Act No. 195/1998 on Social Assistance, as amended, Act No. 261/2001 Coll. on Social Insurance, as amended, Act No. 280/2002 on Parental Contributions, and Act No. 365/2004 on Equal Treatment in Certain Areas and Protection Against Discrimination, amending and supplementing certain other laws. The Committee also notes the National Action Plan for Women in the Slovak Republic and the Concept for Equality of Opportunities for Women and Men defining measures to promote equal opportunities for workers with family responsibilities.
2. Article 1 of the Convention. Definition of "dependent child" and "dependent family member". The Committee notes the broad definition of "family member" in section 40(5) of the Labour Code and the definition of dependent child in section 9 of the Act on Social Insurance - Collection of Laws No. 461/2003. The Committee also notes that sections 68(3), 103(g), 165 of the Labour Code refer to care of a "close person". The Committee requests the Government to clarify in its next report how the "other members of their immediate family who clearly need care or support" are defined for the purposes of the application of the Convention.
4. Article 3. National policy. The Committee notes the provisions prohibiting discrimination in employment and occupation based, among others, on sex, marital and family status in the Acts mentioned in point 1 of this direct request. It asks the Government to clarify in its next report whether the ground of "family status" includes "family responsibilities". Noting further that employees in the civil service and public function are only covered by the provisions of the Labour Code, if stipulated by a special regulation, the Committee requests the Government to indicate whether the specific provisions in the Labour Code aimed at assisting workers with family responsibilities apply to employees in the civil service and public function.
11. Article 11. Participation of workers’ and employers’ organizations. The Committee notes the cooperation between the MLSAF and the Confederation of Trade Unions to give effect to the provisions of the Convention. It also notes that the MLSAF annually evaluates the "Concept of Equality of Opportunities of Women and Men" in cooperation with the social partners and that it presents a report for discussion to the Council of Economic and Social Agreement. Noting further that methods are being sought in cooperation with the social partners to assist workers with family responsibilities to integrate into the labour market, the Committee asks the Government to provide additional information on the outcomes of this cooperation with the social partners.
13. Part V of the report form. Practical application. The Committee notes the various practical initiatives mentioned in the Government’s report aimed at facilitating the integration of workers with family responsibilities into the labour market and assisting them to harmonize their work and family life. These include, among others, the European Community Initiative EQUAL and Measure 2.2. on "Removing obstacles to the equality of men and women in the labour market, with emphasis on the harmonization of working and family life" under the Sector Operational Programme - Human Resources, and the preparation of a concept note by the MLSAF in 2004 to propose measures in support of harmonizing working and family life and the creation of a helpful environment for parents in the labour market. The Committee requests the Government to provide additional information in its next report on the practical follow-up of the abovementioned initiatives and the results achieved.