Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Paid Educational Leave Convention, 1974 (No. 140) - Slovenia (Ratification: 1992)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes from the Government’s reports and from other available information that, generally speaking, a national policy is being implemented which gives effect to the principle of lifelong learning - in particular through the application of Act No. 572 of 14 February 1996 on adult education and the activities of the Institute for Adult Education. The Government refers in this connection to national measures, such as the General Collective Agreement for Commercial Activities, under which employees can be educated under arrangements agreed with the employer.

2. The Committee notes the observations from the Association of Employers of Slovenia on the financing of paid educational leave by employers. The Association refers to discussions held with workers’ organizations on the financing of leave for education that is not directly linked to the interests of the enterprise. It indicates that it is opposed to paid leave for the preparation of examinations and for the day of the examination, and refuses additional obligations over and above the existing ones, which are considerable.

3. The Committee recalls that, according to Article 1 of the Convention, the term "paid educational leave" means leave granted to a worker for educational purposes for a specified period during working hours. In this connection, it refers the Government to its General Survey of 1991 on human resources development in which it pointed out that leave of absence for examinations, reduction of daily or weekly working hours to facilitate attendance at evening classes, permission to attend classes during working hours either within or outside the enterprise, leave granted for the duration of an educational course or cycle, etc., meet the essential requirement laid down in the Convention that educational or training activities should take place during working hours. The time devoted to these activities must be included in working hours if there is to be genuine educational leave within the meaning of the Convention, since they are intended to encourage the development of continuing training by enabling workers to complete their education and training in such a way that the extra effort they are willing to make for this purpose does not add to the fatigue associated with their normal workload or curtail their hours of leisure (paragraph 349). However, while recognizing the right of a worker on educational leave to receive financial benefits, the Committee pointed out that the Convention does not specify the person or body responsible for meeting the corresponding financial obligation. The appropriate arrangements are a matter for national policy and are likely to vary according to the purpose of the leave. They may include direct financing by individual employers within their own enterprises, financing by employers in general by means of a mutual insurance system or financing by the State (paragraph 351).

4. The Committee requests the Government to provide available information on any action taken following the discussions between the social partners on the financing of workers’ educational leave for purposes unrelated to the interest of the enterprise. It would also appreciate further information on the following points.

5. Articles 2, 6 and 7 of the Convention. The Government is asked to specify measures (for example laws or regulations, collective agreements, annual action programmes by the competent bodies, etc.) for the formulation of a national policy designed to promote the granting of paid educational leave for each of the purposes set forth in Article 2 of the Convention (training at any level; general, social and civic education; trade union education). The Government is also asked to indicate the manner in which public authorities associate representative organizations of employers and workers, the Institute for Adult Education or any other competent body in the application of the national policy to promote paid educational leave (Article 6), and to specify the arrangements made to finance paid educational leave for each of the purposes set forth, providing all available information on the amounts spent (Article 7).

6. Articles 3 and 10. The Government is asked to indicate, providing examples of them, the individual or collective measures taken as part of the national policy on paid educational leave to contribute to the acquisition, improvement and adaptation of occupational and functional skills and the promotion of employment and job security in conditions of scientific and technological development and economic and structural change (a), the competent and active participation of workers and their representatives in the life of the undertaking and of the community (b), the human, social and cultural advancement of workers (c). Please also indicate the arrangements for the granting of paid educational leave for each of the above purposes (conditions to be filled by workers, length of the leave, rate of financial benefits paid).

7. Part V of the report form. The Committee requests the Government in its next report to provide a copy of the General Collective Agreement for non-commercial activities and any available information on the manner in which the Convention is applied including, for example, extracts of reports, studies or inquiries and statistics of the number of workers covered by paid educational leave.