Companies checked for gender wage discrimination
Published: 22 April 2010
Slovakian remuneration equality legislation is based on the principle of equal pay for work of the same value performed by men and women, as stated in Article 141 of the Treaty establishing the European Community. This principle is transposed to Slovakian legislation mainly in two documents:
In 2009, Slovakia’s National Labour Inspectorate started checking companies for compliance with gender equality principles regarding pay for the same work and work of equal value. A report from the labour inspectorate provides information about the results of the checks, which have been carried out in 22 enterprises in all regions of the country. Breaches of gender equality principles do not appear to be widespread in Slovakia but data on the issue are not always available.
Legal framework
Slovakian remuneration equality legislation is based on the principle of equal pay for work of the same value performed by men and women, as stated in Article 141 of the Treaty establishing the European Community. This principle is transposed to Slovakian legislation mainly in two documents:
Act No. 311/2001 Coll. on Labour Code, as amended. This act defines the entitlement to pay, which is based on the principles of merit, expressed in an evaluation of the work performed by an employee according to its complexity, difficulty and responsibility without any discrimination by gender;
Decree of the Government of the Slovak Republic No. 232 from 2001, which sets out the measures for implementation of the document Concept of equal opportunities for men and women – for instance, regarding equal pay, women in managerial positions and working conditions for parents taking care of children.
Company inspections
In 2009, regional offices of the National Labour Inspectorate (Národný inšpektorát práce, NIP) carried out checks at 22 employers in all regions of Slovakia. The inspections focused mainly on equal access to employment, equality in remuneration, occupational health and safety, and [dismissals](/search/node/areas OR industrialrelations OR dictionary OR definitions OR dismissals?oldIndex). Tables 1 and 2 provide information about the inspected companies according to their size and sector of economic activity.
| Number of employees | Number of enterprises |
|---|---|
| Up to 9 | 3 |
| 10–49 | 7 |
| 50–250 | 5 |
| More than 250 | 7 |
Source: NIP, 2009
| Sector | Number of enterprises |
|---|---|
| Manufacturing | 11 |
| Wholesale and retail trade; repair of motor vehicles | 5 |
| Hotels and restaurants | 2 |
| Education | 2 |
| Other community and social service activities | 2 |
Source: NIP, 2009
In total, 6,916 employees were employed in the companies inspected. About 53% of the employees were women. Besides the abovementioned checks, employee reports of wage discrimination submitted to the labour inspectorates were also investigated.
Outcomes of inspections
The main findings of the compliance checks can be summarised as follows:
employers define, in their internal management documents related to wage regulation, criteria for the equal remuneration of men and women;
inequalities in remuneration were not detected at companies where pay was included in collective bargaining;
shortcomings were not detected in the public and civil service, where remuneration is centrally managed through unified salary scales allowing for only minimal deflections;
employers are usually well aware of the relevant anti-discrimination requirements defined by obligatory documents;
employees’ awareness of equality principles is insufficient, which can contribute to potential wage discrimination; their awareness of legal issues is, however, increasing;
shortcomings were detected in five enterprises with 10–250 employees concerning the unequal remuneration of men and women working under the same criteria in terms of job position, qualification and experience of the employee. These violations were detected in occupations such as waiter and cook;
further shortcomings were detected during the investigation of reports submitted by employees to the labour inspectorate. These concerned professions such as nurse, sales agent and car wash operator. The inspections also revealed wage discrimination within genders.
As part of the control checks, the labour inspectorate requested the employers concerned to deal with any infringements. Detected shortcomings were rectified within the required period.
Lack of transparency in payment practices
The inspections also examined the personnel and wage policies of employers. They showed that the differences in remuneration for the same job are not usually found in the basic wage or salary. Differences usually emerge as a result of the flexible elements of remuneration – for example, personal wage supplements and various bonuses, which depend on work performance. An employee’s work performance is usually subjectively assessed by his or her boss. Bonuses are often awarded for overtime work, work at night or work during Saturdays and holidays. Therefore, it is difficult for the labour inspectorate to clearly prove the existence of pay discrimination. Legislation provides for the resolution of such issues by an independent court.
Recommendations towards pay equality
In order to achieve gender equality in remuneration, the following steps should be followed:
promote anti-discrimination measures in the framework of advice provided by the labour inspectorate;
use the media more often for the dissemination of wage equality principles among the general public;
raise legal awareness about the issue mainly in small and medium-sized enterprises (SMEs);
create a more employee-friendly environment for the submission of complaints and reports regarding wage inequalities in practice.
Teodor Hatina, Institute for Labour and Family Research
Eurofound recommends citing this publication in the following way.
Eurofound (2010), Companies checked for gender wage discrimination, article.
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