Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Migration for Employment Convention (Revised), 1949 (No. 97) - Slovenia (Ratification: 1992)

The Committee notes the observations by the Association of Free Trade Unions of Slovenia (AFTUS) annexed to the Government’s report.

Article (6)(1)(a)(i) of the Convention. Equality of treatment with respect to conditions of work. The Committee recalls that under the Employment and Work of Aliens Act (and subsequent amendments until Act 52/07), a foreigner with an employment permit could only take up employment with the employer to which the permit for employment was issued; a personal employment permit with three-year validity, which enables free access to the labour market, could be obtained by an alien with vocational education who was continuously employed for the last two years prior to the application at the same employer. The Committee had noted in this regard AFTUS’s concern that allowing foreign workers with an employment permit to work only for the employer who obtained their work permit increased the employer’s opportunity to exploit migrant workers with respect to working time, payment, rest periods and annual leave. The Committee had requested the Government to indicate how the concern of the dependency of migrant workers with an employment permit on one individual employer was addressed and to examine the conditions of work of migrant workers in those sectors in which they are primarily employed. The Committee notes the Government’s indications that due to observance of increased dependency of migrant workers on individual employers, the Act on Employment and Work of Aliens was amended with a view to allowing greater flexibility to obtain a personal employment permit with three-year validity (giving free access to the labour market). The Committee notes that the amended Employment and Work of Aliens Act No. 26/2011 henceforth allows a foreign worker with vocational training or having acquired a national professional qualification in Slovenia who, in the past 24 months has been employed for at least 20 months, to apply for a personal employment permit (section 22(4)). Noting, however, that the law continues to provide that a foreigner with an employment permit can only take up employment with the employer to which the permit for employment was issued (section 10(4)), the Committee asks the Government to clarify how these amendments help reduce, in practice, the worker’s dependency on an individual employer and the risk of non-respect of statutory provisions regarding conditions of work. Noting that the information provided on labour inspection services in 2009 covers violations of the Employment and Work of Aliens Law and the Law on the Prevention of Illegal Work and Employment Act, and not conditions of work, the Committee asks the Government to indicate the specific measures taken to ensure full application to migrant workers of the labour law provisions concerning remuneration, hours of work, overtime arrangements, rest periods and annual leave, as well as information on the number and nature of violations found particularly in sectors or occupations employing workers with an employment permit, and an indication of the sanctions imposed.

Article 6(1)(a)(iii). Equal treatment with respect to accommodation. The Committee previously noted concerns raised by AFTUS regarding substandard housing conditions of migrant workers and the need to strengthen supervision in this regard, to impose dissuasive penalties on potential violators and to establish minimum standards of living for migrant workers at the national level. The Committee notes with interest that pursuant to section 13(1) and (2) of the Employment and Work of Aliens Law No. 26/2011 employers who employ foreigners and provide for their accommodation are obliged to meet minimum accommodation and hygiene standards, the terms of which will be set by ministerial regulations. The Committee notes that the rules on setting minimum standards for accommodation of aliens, who are employed or work in the Republic of Slovenia were published in the Official Gazette of the Republic of Slovenia No. 71/2011 and will enter into force as of January 2012. Supervision will be conducted by the labour inspectorate. The Committee asks the Government to provide information on the activities of the labour inspectorate to enforce the rules on setting minimum standards for accommodation of aliens, including any violations detected and sanctions imposed, as well as any other measures taken to ensure that migrant workers are not treated less favourably with respect to accommodation.

Article 6(1)(b). Equal treatment with respect to social security. The Committee notes that AFTUS draws attention to section 5 (unemployment benefits) of the Agreement of Social Security between Slovenia and Bosnia and Herzegovina, the implementation of which prevents the majority of the workers from Bosnia and Herzegovina from exercising the right to unemployment benefits as such benefits are subject to permanent residence. The Committee understands that with a view to addressing this issue the Social Security Agreement has been amended, signed by both parties in 2010 and ratified by Slovenia. Noting that the amended Social Security Agreement will enter into force as soon as it is ratified by the Government of Bosnia and Herzegovina, the Committee hopes that the provisions of the modified Agreement will ensure equality of treatment with respect to unemployment benefits in conformity with Article 6(1)(b) of the Convention, and asks the Government to provide information on any developments in this regard.

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