Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Equal Remuneration Convention, 1951 (No. 100) - Slovakia (Ratification: 1993)

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. The Committee notes the information provided by the Government, in its report, in reply to the Committee’s previous comment. It notes that the gross hourly gender pay gap has significantly increased from 18.03 per cent in 2016 to 19.4 per cent in 2018. The Government also indicates that the gross monthly gender pay gap was 20.2 per cent in 2019. The Committee notes that the Government declares, without however providing specific information, that it significantly increased wages in the public sphere in order to reduce the gender pay gap. It notes that the Government is working on the introduction of regional allowances for teachers in regions with higher living costs, and that it will consider a similar measure in the field of health and social services, as targeted wage increases in sectors where the majority of the workforce is made up of women would directly contribute to reducing the overall wage gap between men and women. The Government also indicates that labour inspectors provide advice to employers and employees on how to comply with regulations most effectively in the areas of equal treatment and equal pay. To further raise public awareness of the principle of equal pay, the Government indicates that it organizes every year an "Equal Pay Day”. The Committee notes the Government’s declaration that, despite their very good educational level, women do not achieve comparable earnings to men because they chose to work in lower-paying jobs. The Committee requests the Government to pursue its efforts to address the gender pay gap by taking proactive measures, in particular in the private sector, with a view to identifying and addressing its underlying causes, such as vertical and horizontal occupational gender segregation and gender stereotypes. In particular, it requests the Government to take measures to promote women’s access to vocational training, guidance and counselling to engage in jobs with career prospects and higher pay. The Committee asks the Government to

• (i)provide information with regard to the above two requests; and
• (ii)continue to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Article 2(2)(b). Minimum wage. The Committee notes that the Government does not provide new information with regard to is previous comment on this point and merely reiterates its statement that measures aimed at reducing wage differentials between men and women include the continuous increase of the minimum wage, as more women than men work in lower paid sectors. Having noted that no agreement had been reached between the social partners on the increase of the minimum wage for 2019 and that some workers, including women, were paid less than the minimum wage, the Committee requests the Government to provide:

• (i)information on the measures taken to effectively ensure that workers are not paid less than the statutory minimum wage in practice;
• (ii)detailed information on any increase in the minimum wage implemented; and
• (iii)statistical information on the percentage of women and men who are paid the statutory minimum wage.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes that the Government does not provide information with regard to its previous requests and wishes to recall the important role that collective agreements can play in the application of the principle of equal remuneration for men and women for work of equal value both in the private and the public sectors. The Committee once again asks the Government to provide information on any measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration between men and women for work of equal value through collective agreements, including higher-level collective agreements. It asks the Government to provide summaries of any clauses on wages determination and equal remuneration included in collective agreements, including higher-level collective agreements.

Article 3. Objective job evaluation. The Committee notes that the Government does not reply to its previous comment on this point and therefore again asks the Government to provide information on the impact of the catalogues of occupational activities on wages in the public sector, in particular in terms of wage adjustments, if any. The Committee also once again asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Enforcement. The Committee notes the Government’s indication that the labour inspectorate is tasked, under the Action Plan of Gender Equality (2014-2019), with monitoring compliance with the principle of equal pay. The Government further indicates that, in 2018-2019, 12 labour inspectors successfully completed the highest level of professional examination on “discrimination and gender equality”, bringing the number of labour inspectors specialized in this field from 6 to 18. In 2019, the labour inspectorate found a total of 25 violations of the provisions of Section 119a of the Labour Code. The Committee notes that in 2019, the Ministry of Justice recorded 12 proceedings, out of which 1 was successful, 1 partially successful, 1 was withdrawn by the complainant and 9 were rejected. In 2020 there were 10 recorded cases, all of which were rejected. The Government indicates that the majority of rejected cases included cases filed by judges in the previous decade concerning salary differences between judges of general courts and judges of the former Special Court which no longer exist. The Committee once again recalls that a low number of cases or complaints lodged may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see the 2012 General Survey on the fundamental Conventions, paragraphs 870 and 886). The Committee asks the Government to take appropriate steps to raise awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention and enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, and to provide information on any activities undertaken in this regard. It again asks the Government to provide information on any specific methodology developed to assist labour inspectors addressing the issue of equal pay for work of equal value, as well as to continue to take steps to ensure that systematic monitoring of equal remuneration provisions is carried out by labour inspectors. The Committee asks the Government to continue to provide detailed information on the number, nature and outcomes of any cases or complaints concerning pay inequality dealt with by labour inspectors, the Ombudsman or the courts, as well as on any sanctions imposed and remedies granted.