Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the information supplied in the Government’s report. As already mentioned in its previous comments regarding the application of Convention No. 143, the Committee notes with interest the adoption of the Employment and Work of Aliens Act, dated 14 July 2000 and the Illegal Work and Employment Act, dated 14 April 2000. The Committee also notes, in accordance with the provisions of section 5 of the Aliens Act of 1999, that the National Assembly adopted the resolution on the immigration policy in May 1999.

1. Articles 2 and 4 of the Convention. The Committee notes that since the Government’s report in 1995, no further information has been provided as to the competent service in charge of assisting migrant workers. In that report, the Government referred to a general bilateral agreement with Croatia in which the employment offices were the liaison points, free of charge, for recruiting workers or offering work in the contracting State. Additional information can be found in the Act of 30 January 1991 on job placement and unemployment insurance which mentions in section 66 that the National Employment Office, inter alia, “gives temporary employment abroad to workers and guarantees their organized return and employment, and cooperates in the employment of foreign nationals”. However, it has to be recalled that the Government mentioned at the time that it was still in the process of forming a special policy and measures for migrants for employment. The Committee would therefore be grateful if the Government would provide further information on the organization and activities of the National Employment Office or any other competent service in charge of assisting migrant workers.

2. Article 3, paragraph 2. With respect to actions taken against misleading propaganda, please state any measures that have been considered appropriate to take, including in cooperation with other governments.

3. Article 6, paragraph 1. The Committee requests the Government to provide additional information on its legislation and the practical effect given to its policy of equal treatment between national workers and migrant workers in respect of the items listed in paragraphs (a)(iii); (b) (with particular emphasis on employment injury, sickness, invalidity, death and family responsibilities); (c) and (d) of this Article.

4. Regarding more particularly paragraph (d), the Committee notes that article 25 of the Constitution provides a right to legal means to “all persons”. However, under the 1999 Aliens Act, section 31, the refusal of the renewal of a residence permit does not postpone its effect. It provides that the alien must leave the country within 15 days of the decision being handed down and that he or she shall have the right to appeal within the same period. It should be added that according to paragraph 5 of section 31, “the ministry responsible for the interior shall decide upon appeals”. Moreover, according to section 65-3 “an appeal against decisions and measures issued by the ministry responsible for the interior in the first instance shall only be permitted in specific cases determined by this Act” with no reference to section 31. Please clarify whether, and by what means, it is assured that migrants for employment have a right to access to legal recourse that is no less favourable than that available to Slovenian nationals in respect of administrative Acts, and will be able to complete the necessary administrative formalities in this regard.

5. In addition, recalling that under paragraph 1 of Article 6, every State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a) to (d) of this Article, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on a par with their male counterparts, foreign or otherwise, in respect of working and living conditions, social security, work related taxes, and access to the justice system – in view of the growing feminization of migration for employment (see paragraphs 20-23 and 658 of the General Survey of 1999 on migrant workers).

6. Article 7, paragraph 1. In its 1995 report, the Government mentioned that Slovenia had concluded a general bilateral agreement on employment with Croatia, and succeeded to some others. Moreover, in its report dated 2001, the Government indicated that cooperation and exchange of information on vacancies between employment services are regulated by bilateral agreements. Therefore, the Committee would be grateful if the Government would provide more information on the number and content of these agreements.

7. Article 8. Since this was one of the provisions cited most often by governments, at the time of the above General Survey (paragraphs 600-608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.

8. Article 9. The Committee requests the Government to indicate, according to national laws and regulations as well as any special arrangement which may exist for the purpose, whether there are limits to the transfer of the earnings and savings of the migrant for employment.

9. Article 10. The Committee notes that bilateral agreements defining quotas have been concluded with Germany and Croatia. It requests the Government to continue to provide information on any development in this respect.

10. The Government is also asked to give detailed information on the application of Annexes I and II of the Convention. In this respect, the Government mentions in its report that the employment recruitment of aliens may only be performed by the National Employment Service. However, sections 7 and 8 of the Law of 30 January 1991 on job placement and unemployment insurance refer to “authorized organizations” dealing with employment or work procurement. The Committee would be grateful if the Government would provide further information in this regard, and would indicate whether the growing role of private agencies in the international migration process is likely to have any repercussions on the application of Annexes I and II which deal with recruitment, placement and conditions of labour of migrants.

11. Part IV of the report form. The Committee asks the Government to state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, particularly with respect to the occurrence of discrimination against foreign job applicants. If so, please supply the text of these decisions.

12. The Committee asks the Government to continue providing statistics on Slovenian nationals working abroad, and the origin of foreigners employed in the Republic of Slovenia and to communicate the results of the relevant activities of the labour inspection service, in accordance with the provisions of the Convention. The Committee would also be grateful if the Government would provide any information concerning general agreements or special arrangements on migration for employment concluded by the Republic of Slovenia.