Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Slovénie (Ratification: 1992)

Autre commentaire sur C156

Observation

Demande directe

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Article 1 of the Convention. Other members of the immediate family. The Committee takes note of the Government’s indication that in Slovenia about 4,000 persons require personal assistance, with about 8,000 personal assistants; and that about 30 per cent of the personal assistants are family members. Noting that the Government does not provide data in this regard, the Committee requests statistical information on the total number of persons taking care of family members (dependent children and other family members who may still need support), and on the types of measures used in practice to ensure that such responsibilities do not restrict the possibilities of these workers of preparing for, entering, participating in or advancing in economic activity, beyond the provision of cash benefits to act as personal assistants to their family members.

Articles 4 and 8. Termination of employment. The Committee notes the indication of the Government that in 2019, the Labour Inspectorate gave its consent to the termination of the employment contracts of workers with family responsibilities in 47 cases, in 2020 in 21 cases, and in 25 cases in 2021. The Committee also notes the indication by the Government that the Office of the Advocate of the Principle of Equality, responsible for the implementation of the Protection Against Discrimination Act (ZVarD) which prohibits discrimination on the basis of personal circumstances (section 1), did not deal with any cases of termination of contract for workers with family responsibilities during the reporting period. The Committee requests the Government to provide more detailed information about the circumstances of these cases in the future, so as to identify the number of requests for consent to terminate the contract addressed to the Labour Inspectorate with the view of assessing the rate of acceptance of such requests, as well as information on the number of termination of employment of workers with family responsibilities, performed without previous consent and in violation of the legislation. The Committee also requests information on the activities of the Office of the Advocate of the Principle of Equality in relation with this specific issue (such as information on the awareness raising activities on this matter, number of cases addressed, etc.).

Article 5. Childcare and family services and facilities. The Committee takes note of the statistics provided by the Government on the number of children who have access to kindergartens, showing that in 2016, 78.7 per cent of children had access to a kindergarten (there were 946 kindergartens with 11,960 professionals); that in 2022, 83.7 per cent of children had access to a kindergarten (there were 980 kindergartens with 13,200 professionals); and that there are 105 preschool education programmes for children with special needs. The Committee also takes note of the information provided by the Government about the recommendations issued by the Office of the Advocate of the Principle of Equality on a proposed Long-Term Care Act. In this regard, it notes that the Advocate pointed out that the age limitation to have access to personal assistance (65 years old) as being discriminatory and made recommendations for investments in the development of services to reduce the burden on informal carers and improve the quality and independence of life of those who need care. The Committee asks the Government to continue to provide detailed information about the availability and sufficiency of childcare services for workers with family responsibilities. It further asks the Government to provide more information about access to other facilities, services and programs for children or adults with disabilities, which would allow workers with responsibilities of persons with disabilities to enter or re-enter employment. Please keep the Committee informed on any development regarding the proposed adoption of the Long-Term Care Act and on whether the recommendations of the Advocate of the Principle of Equality on matters related to the Convention have been taken into account.

Article 6. Information and education. The Committee takes note that the objectives of the ‘Resolution on the National Programme for Equal Opportunities between Women and Men (2015-2020) was to eliminate gender stereotypes in society, families and partnerships, to promote an equal distribution of care and household work and that a series of activities were carried out to this end, including for example, the “Aktivni.Vsi” project and the “Dad in Action” project, conducted under the hospices of the Ministry of Labour, Family and Social Affairs and Equal Opportunities in 2016/2017 and 2020 respectively. It notes that in the context of the “Dad in Action” project, a pilot test implementing new organizational solutions to better balance work and parental responsibilities for fathers was introduced in four organizations form the public and private sector. The Committee also notes that the Government indicates that the National Programme for Equal Opportunities between Women and Men was renewed up to 2030. Recalling the importance of education and awareness-raising campaigns: (1) to promote broader public understanding of the difficulties faced by workers with family responsibilities; (2i) to correct misinformation or contradict negative attitudes and beliefs vis-à-vis workers using flexible arrangements, while boosting their self-esteem, reducing self-stigma and promoting stress management; (3) to encourage men to participate more in family responsibilities; and (iv) to promote understanding of the benefits to society, families and the workplace of gender equality and a better balancing of work and family life (2023 General Survey, achieving gender equality at work, paragraph 169), the Committee notes that the Government does not provide information on whether activities are currently in place to promote education and awareness raising on the matters covered by the Convention. The Committee requests the Government to indicate whether new projects have been adopted, in the context of the National Programme for Equal Opportunities between Women and Men or otherwise to continue raising-awareness around workers with family responsibilities and to provide detailed information about the results of such programs. It also requests information on the result of the pilot test adopted in the context of the “Dad in Action” project.

Enforcement. The Committee notes that the Labour Inspectorate receives and provides periodic training in the field of non-discrimination. It also notes the specific information provided on the activities of the Office of the Advocate of the Principle of Equality, including that in 2021, it provided advice in 25 cases and found a discrimination in 4 cases; and as of May 2022, it provided advice in 14 cases and found a discrimination in 4 cases. The Committee notes that the Office of the Advocate of the Principle of Equality has concluded that the following practices were discriminatory: (1) the allocation of individual rewards that would adversely take account of the workers’ absence justified by family responsibilities (maternity, parental leaves, absence for care of children, etc.); (2) the reference in the performance appraisal of a public employee to his/her absence to attend to a new born; and (3) the lack of reasonable accommodation for the parent of a child with special needs. The Committee requests the Government to continue to provide information on the activities of the Labour Inspectorate and the Office of the Advocate of the Principle of Equality on matters covered by the Convention. It also requests the Government to indicate whether courts or tribunals have handed down decisions involving questions related to the application of the Convention and if so, to communicate a brief summary of the cases and their outcomes.