Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Slovakia (Ratification: 1993)

Article 1(1)(a) of the Convention. Discrimination based on sex. Pregnancy. The Committee previously noted that the National Centre for Human Rights (NCHR) referred to a rising tendency of discrimination on the basis of pregnancy, especially by terminating the employment relationship during the trial period and requested the Government to take the necessary steps to ensure effective protection of pregnant women in employment and occupation. The Committee notes the Government’s indication in its report that one of the main objectives of the National Labour Inspectorate is to check compliance with the labour relations regulations, which include specific conditions for pregnant women. In that context, the Committee wishes to point out that discrimination based on maternity, including pregnancy and breastfeeding, are the most evident forms of discrimination based on sex as they can only, by definition, affect women. They persist as a common experience for many women, in which they are either not recruited, dismissed, moved into lower-paid roles, denied advancement opportunities or become subject to subtly hostile behaviour. The Committee urges the Government to intensify its efforts to protect pregnant women against discrimination related to their maternal role, ensuring equality of opportunity and treatment for women in employment and occupation. This should include: (i) strengthening enforcement measures of relevant legislative provisions by labour inspectors and judges; and (ii) developing awareness-raising initiatives directed to workers, employers, and their representative organizations, on pregnant women workers’ rights. The Committee also reiterates its request that the Government provide information on cases of pregnancy-related discrimination in employment and occupation addressed by labour inspectors, courts, the Ombudsman, and the NCHR, as well as details on imposed sanctions and granted remedies.

Sexual harassment. The Committee previously referred to the high incidence of sexual harassment of women in the workplace and requested the Government to take proactive measures to effectively prevent and eliminate sexual harassment in employment and occupation. The Government indicates that, in 2021, the Institute for Labour and Family Research published a handbook for employers “How to deal with sexual harassment in the workplace”; in 2023, the Labour Inspectorate developed a publication “Stop Discrimination in labour relations”; and the NCHR published information material, “10 Principles of Assistance to Victims of Harassment at Work”. Furthermore, the NCHR conducted two analyses of media outputs on the issue of depiction of violence against women and depiction of sexual harassment. In 2022, a legal comparison of the concepts of bullying, harassment, sexism and sexual harassment was drawn up in the field of labour relations in international human rights documents, European Union and Council of Europe directives and recommendations, and in national legislation. On the basis of a comparison of the legislation, it appears necessary to monitor specifically manifestations of sexism and sexual harassment. In 2023, the NCHR conducted quantitative research focusing on experiences of sexual harassment in workplaces in the health sector; a comprehensive research report was published in 2024. In 2023, a publication entitled “Workplace free from sexual harassment - How to do it?” was published. The publication serves as a methodology and textbook for the professions of psychology, social work, management and law, which deals with sexual harassment in organizations, including harassment in the workplace. It is based on the results of research carried out within the framework of the National Project Prevention and Elimination of Gender Discrimination in Slovakia. Regarding the Labour Inspectorate’s role in combating sexual harassment, the Government reports that, in 2021, a case of sexual harassment at work was recorded, in which a criminal complaint was subsequently filed by an employee against a manager. Given the difficulty of proving such discrimination, the absence of documentary evidence and the often unwillingness of the person concerned to provide the necessary information, the Labour Inspectorate does not often receive such complaints. In that regard, the Committee observes that, according to statistics provided by Eurostat for 2021, over half of Slovak women have experienced sexual harassment at work, including 9 per cent during the last 12 months, and 24 per cent over the last five years. The Committee notes the information provided, which focuses primarily on awareness-raising, education, and research activities related to sexual harassment. However, once again, it lacks details on specific, concrete measures implemented to more effectively combat sexual harassment in employment and the workplace. The Committee thus requests the Government to provide information on: (i) any follow-up action taken as a result of workplace sexual harassment surveys and research to effectively prevent and address sexual harassment in employment and occupation, and to report on these efforts; (ii) on any initiatives undertaken to encourage victims of sexual harassment to come forward; and (iii) the number of sexual harassment cases addressed not only by the NCHR, but also by the Labour Inspectorate, the Ombudsperson, and the courts, including any sanctions imposed and remedies provided.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee recalls that it previously requested the Government to report on specific measures taken under the 2021–2027 National Strategy and its Action Plan on Equality between Women and Men and Equal Opportunities to promote gender equality in employment and occupation. The Committee notes the Government’s indication that it prepared an Implementation Report on the tasks arising from the Strategy and Action Plan, based on information submitted by various ministries, and other central state administration bodies. This report provides an overview of activities aimed at promoting equality between women and men and ensuring equal opportunities during the reporting period. Additionally, the Ministry of Labour’s Department of Gender Equality and Equal Opportunities compiles an annual report on the state of gender equality in Slovakia, covering selected areas such as gender equality in decision-making, equal pay, gender segregation, work-life balance, the feminisation of poverty, and gender equality in the context of the refugee crisis. The Government also indicates that: (1) in Slovakia, access to education, vocational education, counselling and vocational training is ensured on a non-discriminatory basis; (2) women, like men, can be employed in jobs with career prospects and higher pay for the work they do; and (3) an employer may not publish job offers that contain any restrictions and discrimination based on sex and the criteria for selecting an employee must guarantee equal opportunities for all. The Government further highlights that 63.25 per cent of women are enrolled in tertiary education (against 42.24 per cent of men). The Committee notes however that the 2023 Gender Equality Index for Slovakia drawn up by the European Institute for Gender Equality (EIGE) indicates that Slovakia’s greatest room for improvement is in the sub-domain of economic decision-making (there are no women occupying a position of board member of a central bank, for instance). Additionally, it notes that, according to the World Economic Forum’s Global Gender Gap Report issued in June 2024, only 22.90 per cent of firms have a female top manager and that the share of women membership in boards is estimated at 30.30 per cent. In that context, the Committee also notes that only 22.70 per cent of Members of Parliament and 21.43 per cent of the Slovak Ministers are women, and that, more generally, only 56.18 per cent of women participate in the labour force (against 67.25 per cent of men). The Committee notes that, once again, the Government has not provided information on the specific measures taken to implement the Strategy and Action Plan on Equality between Women and Men and Equal Opportunities, despite the Government’s statement that implementation reports were prepared. The Committee urges the Government to provide information on: (i) concrete measures implemented to address persistent challenges faced by women in employment and occupation, including issues of horizontal and vertical gender segregation in the labour market and the influence of gender stereotypes; (ii) its efforts to promote gender equality in management and political positions; and (iii) the findings of the Implementation Report on the tasks arising from the Strategy and Action Plan, as well as insights from the annual report of the Department of Gender Equality and Equal Opportunities, detailing the specific measures adopted and the progress achieved over the years in promoting gender equality in employment and occupation.

Enforcement. The Committee notes that the National Labour Inspectorate monitors and publishes annually an Information Report on Discrimination and Gender Equality in Labour Relations. It takes note that in the course of 2022: (1) labour inspection authorities received a total of 184 submissions on breaches of the principle of equal treatment and discrimination on various grounds, or breaches of other provisions of labour law related to compliance with the principle of equal treatment and non-discrimination; and (2) labour inspection activities identified a total of 36 infringements of Section 13 of Act No. 311/2001, which governs equal treatment rules in the field of employment relations. The Government indicates further that, from 2020, labour inspectors can rely on the methodological manual prepared by the Institute for Labour and Family Research (which is focusing on sociological study in the field of social and family policy, labour market and employment policy, industrial relations and working conditions and in the field of occupational safety and health), which contains various instructions and procedures for easier and more successful identification of cases of gender discrimination - Methodology for labour inspectorates to detect and assess cases of discrimination with a focus on gender discrimination (Jarmila Lajčáková, 2020). Among other things, the methodology uses the ILO Handbook, which describes how compliance with the principle of equal pay can be comprehensively examined also in situations where gender segregation occurs. The methodology should directly contribute to improving mechanisms for detecting and sanctioning all forms of discrimination, with a focus on gender discrimination in the labour market. The Committee requests the Government to provide information on: (i) the number of employment discrimination cases addressed by the Labour Inspectorate, courts, Ombudsman, and the NCHR, specifying the grounds of alleged discrimination, the sanctions imposed, and the remedies granted; and (ii) the impact of implementing the Labour Inspectorate Methodology on the identification and resolution of discrimination cases in employment and occupation.