Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Slovenia (Ratification: 1992)

Previous comments

Articles 2 and 3 of the Convention. Protection against acts of interference. In its previous comments, the Committee had urged the Government to indicate what circumstances fall within the definition of “taking over a trade union” contained in paragraph 2 of section 200 of the Criminal Code on the violation of trade union rights and to provide information on its application in practice. The Committee takes note of the indications of the Government that section 200 of the Criminal Code, which serves as a blanket legal provision, requires reference to several pieces of legislation, including the Trade Union Representativeness Act, the Employment Relations Act, the Collective Agreements Act and the Strike Act, as well as specific trade union statutes, in order to establish the existence of violations of trade union rights. In spite of the comprehensive nature of these references, the term “trade union take-over” remains undefined and will therefore require future legislative interpretation and case law in order to clarify its substantive meaning. As yet, Slovenian courts have not ruled on this specific issue, leaving a degree of uncertainty in the legal field. The Committee takes due note of these elements. The Committee considers that the difficulties in clarifying the meaning and scope of section 200(2) of the Penal Code may hamper the effectiveness of this provision. The Committee recalls that Article 2 of the Convention requires the existence of clear and precise legislative provisions to adequately protect workers’ organizations from acts of interference, such as those aiming to place workers’ organizations under the control of employers or employers’ organizations by financial or other means. The Committee requests the Government to consider, in consultation with the social partners, complementing its legislation regarding the prohibition of anti-union interference and to provide information of any new developments concerning the interpretation and application of section 200(2) of the Penal Code.