Checks on efforts to reconcile work and family life

In 2009, Slovak labour inspectors carried out checks to find out how family-friendly employers are and how ready they are to meet the needs of families. The inspectors looked at how well employers complied with the law – particularly the provisions of the Labour Code that create preconditions for employment of people with family obligations. The options of flexible working hours and working time arrangements at the request of employees were found to be the most popular.

Checks by National Labour Inspectorate

In 2009, the National Labour Inspectorate (NIP) carried out checks on employers’ compliance with the law on the creation of suitable conditions for harmonisation of work and family life in Slovakia. These checks were generally aimed at ensuring compliance with working conditions as defined by the law (see below). NIP also looked at initiatives seeking to reconcile work and family life, and investigated complaints by employees about maladministration of the law by employers.

Checks were made through personal visits of labour inspectors to more than 200 companies where women were employed. All sectors relevant to female employment were covered including retail, health care, education and personal services.

Legal basis

Slovak labour legislation makes possible the creation of employment opportunities for people with family obligations, and this is reflected in two legal documents.

The first, Act No. 311/2001 Coll. on the Labour Code, declares that marital status must not be given as a reason for refusing employment, free choice of employment, fair and reasonable working conditions, or protection against unemployment. The act provides for special working conditions for all women and men taking care of children. It also provides opportunities:

• for special working time arrangements for pregnant women, and women and men who permanently take care of children younger than 15 years of age;

• to sign contracts for shorter working hours, while at the same guaranteeing that part-time workers have the same rights as full-time employees;

• for employees to agree with their employer a fixed-term employment contract, homeworking and telework;

• to work externally for the employer through the ‘Contract for Work Performance’, which allows employees to decide for themselves the place, manner and time of work;

• to introduce flexible working hours where employees choose the beginning and end of their working day.

The second, Regulation No. 272/2004 Coll., establishes a list of duties and places of work where pregnant women, nursing mothers and new mothers – up to nine months after giving birth – are forbidden to work. It also sets out obligations on those employing these groups of women, such as when working underground and when working with chemicals that can harm the health of pregnant women and/or their unborn baby.

Results of the checks

The inspectors found that the arrangement of shorter weekly working hours was the most frequent practice used by employers to comply with the law. The following practices were also identified:

• adjustment of daily working hours;

• establishment of flexible working hours;

• working from home and telework.

Other findings that emerged during the checks are outlined below.

• Employers had sufficient awareness of the law: the working conditions of pregnant women and of women and men taking care of children had been adjusted, and these employees did not work irregular shifts; nursing women had special breaks; pregnant women and women and men taking care of children younger than three years of age were not asked to work overtime.

• Not all employers were able to provide their own list of duties and places of work where it was forbidden for women to perform work in line with Regulation No. 272/2004 Coll.

• A need for employees to shorten their working hours was often met positively by those employers who had reduced their business activities due to the economic crisis.

• Due to their fear of losing their job, employees taking care of children younger than 15 years of age do not use the option to adjust their working hours or to work for a fixed period. Such arrangements might be considered ‘inconvenient’ by employers.

• It was often not clear from the labour contract whether the shorter working hours’ arrangement had been applied at the request of the employee or because it suited the employers’ interest.

• Flexible forms of work (working at home and telework) are used primarily for tasks such as accounting and marketing.

The inspectors have ordered the elimination of a total of 71 individual shortcomings identified during the checks.

Commentary

Legislation creates mandatory conditions for the employment of those with family obligations, contributing to better employee satisfaction. However, employees do not make proper use of the opportunities provided by the legislation. The reasons for this include insufficient knowledge of their rights and fear of losing their job should the employer consider their demand for atypical work arrangements unsuitable for the company.

Teodor Hatina, Institute for Labour and Family Research