Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

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.