Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Slovaquie (Ratification: 2002)

Autre commentaire sur C156

Observation

Demande directe

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Article 2 of the Convention. Application to non-nationals. The Committee previously noted that, pursuant to section 3(3) of Act No. 448/2008 Coll. on Social Services and sections 2(2), 3 and 4 of Act No. 5/2004 Coll. on Employment Services, foreigners residing in the territory can benefit from social services from both public and private providers, as well as from employment services, and it requested the Government to provide information on the number of foreigners with family responsibilities benefiting from such services. The Committee notes the Government’s indication, in its report, that this information is not available. Referring to its observation and noting that a new central statistics system is currently in development, the Committee trusts that the Government will be soon in a position to collect and provide information on the number of foreigners with family responsibilities, disaggregated by sex, who are benefiting from childcare and employment services from both public and private providers.

Article 3. National policy. Referring to its previous comments on the adoption of a new National Strategy for Gender Equality and its Action Plan for 2014–19, which includes objectives relating to the reconciliation of family, private and professional life, the Committee notes the Government’s indication that the implementation of a certain number of measures will only be examined after 2019, but that some measures will be implemented in the interim, such as supporting gender audits aimed at the reconciliation of work and family life. The Committee requests the Government to provide information on the implementation of the Gender Equality Action Plan 2014–19, with a specific focus on the measures taken to promote reconciliation of family, private and professional life, including on the results of the gender audits conducted to this end. It further requests the Government to provide information on the impact of such measures on achieving the objectives of the Convention, by providing any copy of assessment report or study undertaken on the implementation of the National Strategy for Gender Equality and its Action Plan for 2014–19, as well as on any follow-up measures.

Article 4(b). Working hours and leave entitlements. Regarding the take-up rates of men and women requesting reduced working hours and the number of people benefiting from special leave entitlements, the Committee notes the Government’s indication that this information is not available but that a centrally monitored system, currently under preparation, will cover the requested statistics. Referring to its previous comments on the “Family and Work” project, the Committee notes the Government’s statement that the project will enhance some of the already existing measures aimed at better reconciling work and family life, such as reduced working hours and remote work, but that information on the outcomes would be provided once the project is fully implemented. It notes that, in the framework of the National Employment Strategy until 2020, the Government indicated that flexible forms of work and working arrangements, which would help the employment of people with family responsibilities, are used only minimally and that the proportion of part-time work among women and men is one of the lowest in the European Union. Referring to its observation and noting that a new central statistics system is currently in development, the Committee trusts that the Government will be soon in a position 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 remote work in order to better reconcile work and family responsibilities. Given that women continue to bear a disproportionate share of family responsibilities, the Committee also requests the Government to provide information on the concrete measures taken to encourage employers to introduce flexible forms of work for workers with family responsibilities, as well as to encourage men to opt for paternity leave and flexible working arrangements, including in the framework of the “Family and Work” project, and their outcomes.

Article 5. Community services for children and other dependent persons. The Committee previously referred to the amendment of Act No. 571/2009 Coll. on Parental Allowance which enables parents to undertake paid activity of any kind without affecting their right to parental allowance and noted that a parent who returns to work before his or her child reaches the age of 3 can obtain either a parental allowance or apply for a childcare allowance. Noting that the Government does not provide information on the number of workers requesting parental allowances, the Committee notes the Government’s indication that the average number of monthly recipients of the childcare allowance increased from 1,808 in 2013 to 1,888 in 2015. It notes the Government’s statement that it cannot provide information on the number of parents making use of public and private childcare providers as this information is not monitored. The Government adds that, as a result of the “Family and Work” project, new childcare facilities will be established, with a specific focus on encouraging employers in establishing small childcare facilities at their premises through public funding, but that relevant information will only be available once the project is fully implemented as partial data is not available. Referring to its observation and noting that a new central statistics system is currently in development, the Committee trusts that the Government will take the necessary steps without delay to collect relevant data on community services for children and other dependent persons. In the meantime, it requests the Government to provide information on any measures taken to increase access to adequate and sufficient public and private childcare and other care services, as well as on: (i) the number of public and private childcare providers available; (ii) the number and age of children requiring care; (iii) the number of children attending public and private childcare facilities; and (iv) the number of parents making use of the existing childcare and family services facilities, once available. It again requests the Government to provide information on the number of parents, disaggregated by sex, with children under 3 years of age who have requested parental allowance, as well as to continue to provide information on the number of recipients of the childcare allowance. Please provide information on innovative forms of childcare and other dependent services implemented as a result of the “Family and Work” project, including the number of childcare facilities established at the premises of employers.

Article 11. Participation of employers’ and workers’ organizations. Referring to its previous comments on the 2006 “Methodological Guide for Persons Participating in Collective Bargaining in the Field of Equal Opportunities”, drafted by the Confederation of Trade Unions of the Slovak Republic, in cooperation with the Department of Gender Equality and Equal Opportunities of the Ministry of Labour, Social Affairs and Family (MLSAF), the Committee notes the Government’s indication that this guide aims at raising awareness of trade union members by referring to concrete measures that could be taken in order to enable better reconciliation of work and family life at the workplace level, while emphasizing that collective bargaining could improve employment conditions of workers with family responsibilities. Noting the absence of information provided by the Government on the impact of the measures taken to promote equal opportunities for workers with family responsibilities in the context of the collective bargaining process and the methodological guide developed in that regard, the Committee again requests the Government to provide information on the specific measures taken, in collaboration with employers’ and workers’ organizations, to give effect to the provisions of the Convention, as well as on the results achieved by such measures.

Enforcement. The Committee notes the Government’s general indication on the functions of the National Centre for Human Rights but observes the absence of information concerning any concrete activity, study or report undertaken in relation with workers with family responsibilities. It notes that according to the last European Commission country report on non-discrimination (2017, pages 12 and 13), in 2016, the Centre dealt with 524 complaints of possible discriminatory treatment – out of which 24 concerned gender and 11 concerned family status – and that the Government was working on a legislative bill to strengthen the independence and effective functioning of the Centre. It also notes that, according to the annual report of the Ombudsperson, in 2015, no complaint related to equal treatment for workers with family responsibilities was registered. The Committee notes the Government’s indication that according to the 2015 annual report of the labour inspectorate, measures aimed at the reconciliation of work and family life adopted by employers were considered as being sufficiently effective as, in 2014, 167 inspections were carried out in employers’ premises and 136 labour law violations related to the reconciliation of work and family life were detected which marked an important decrease when compared to the previous year (when 1,085 violations were detected). The Government adds that this decrease was achieved by significantly increasing the penalties imposed by the labour inspectorate on employers committing such violations. The Committee however notes that, in its last concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) recommended that the Government strengthen labour inspections and the sanctioning of discriminatory practices by employers based on pregnancy and following parental leave (CEDAW/C/SVK/CO/5-6, 25 November 2015, paragraph 29(d)). The Committee requests the Government to provide information on any complaints received or infringements detected by the labour inspectorate relating to discriminatory practices against workers with family responsibilities, as well as any cases dealt with by the National Centre for Human Rights, the Ombudsperson, or the courts in this regard. It requests the Government to provide information on the measures taken to strengthen labour inspectors’ sensitivity to the issue, as well as on any progress made in the adoption of the legislative bill aimed at strengthening the independence and effective functioning of the National Centre for Human Rights. The Committee further requests the Government to provide specific information on the activities of the National Centre for Human Rights and the Ombudsperson, undertaken in particular among employers, workers, as well as their respective organizations, to raise awareness about the legislative provisions aimed at ensuring equality of opportunity and treatment for both men and women workers with family responsibilities, as well as the procedures and remedies available.