Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Convenio sobre los trabajadores con responsabilidades familiares, 1981 (núm. 156) - Eslovenia (Ratificación : 1992)

1. Legislative developments. The Committee notes with satisfaction that legislation adopted during the reporting period consolidates and strengthens the range of available protection and entitlements for workers with family responsibilities and, as requested by the Committee, guarantees them to women and men on an equal footing. The Committee notes in particular that the Employment Act (Act No. 42/2002) prohibits direct and indirect discrimination based on a number of grounds, including family status and “other personal circumstances” and prohibits the employer from requesting from job applicants information on family or marital status, pregnancy or family planning (sections 6 and 26). The Committee welcomes that the Act places a general obligation on the employer “to allow the workers easier adjustment of their family and business obligations” (section 187) and recognizes the right to special protection in employment due to pregnancy and parenthood. In cases of disputes concerning the exercise of such special measures of protection, the burden of proof is on the employer.

2. The Committee also notes the adoption of the Parental Care and Family Benefits Act (Act No. 110/2003), which has been amended by Act No. 47/2006. Under the Act, workers have the right to take maternity leave, paternity leave (up to 90 days), parental leave (260 days for one child, extendable 90 days for each additional child) on the grounds of birth or adoption, either on a full-time or part-time basis. During such leave, wage compensation is guaranteed. In addition, both parents have the right to work part-time until the child reaches the age of three. The Committee particularly notes that these entitlements are also available to self-employed parents, including independent workers, private company owners and farmers and that, during part-time work, the State compensates the worker for lost income up to the level of the minimum wage and covers social security contributions. The Committee requests the Government to provide information on the practical application and enforcement of the abovementioned provisions of the Employment Act and the Parental Care and Family Benefits Act, including information on any relevant administrative or judicial decisions (facts, ruling and remedies provided or sanctions imposed).

3. Promotional measures. The Committee welcomes that in addition to providing a legislative framework for the application of the Convention, the Government is implementing a number of measures to promote the Convention’s application in practice under the National Programme for Equal Opportunities for Women and Men which includes as a specific objective, the harmonization of professional and private life and family obligations. In this context, the Committee particularly notes that guidelines and recommendations for companies on measures for work–family reconciliation are currently being developed. In addition, an annual award competition for family friendly companies is under preparation. The Committee also notes that a study on the situation of single parents with regard to reconciliation of work and family obligations is being carried out. The Committee requests the Government to continue to provide information on the implementation of these measures, including in particular on measures to raise awareness among workers and employers of the relevant laws and policies, and on the importance of adopting and implementing workplace policies to facilitate reconciliation of work and family responsibilities. Recalling that Article 11 of the Convention provides for the right of workers’ and employers’ organizations to participate in the design and implementation of measures giving effect to the Convention, the Committee requests the Government to provide information on how the social partners are being involved in these efforts.

The Committee is raising other matters in a request addressed directly to the Government.