Minimum Wage Fixing Convention, 1970 (No. 131) - Slovenia (Ratification: 1992)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 3 and 4 of the Convention. Minimum wage fixing machinery. The Committee notes the adoption of the new Minimum Wage Act (Official Gazette No. 13/2010), which provides for the annual readjustment of the minimum wage to reflect at least the rise in consumer prices based on official data published by the Statistical Office. The Government explains, in this connection, that the minimum wage is no longer revised on the basis of the expected inflation rate because inappropriately low inflation estimates in the past led to inadequate minimum wage increases. The Committee also notes that the new Act identifies for the first time the indicators to be used in determining the amount of the minimum wage, i.e. the rise in consumer prices, wage trends, economic conditions or economic growth, and employment trends. The Committee further notes that the minimum wage is determined by the Labour Minister after consultation with the social partners.

While noting the Government’s statement that these consultations are held within the framework of the Economic and Social Council (ESC), the Committee requests the Government to specify the legal provisions which define the exact role of the ESC in the minimum wage fixing process and transmit a copy of any relevant text(s). The Committee would also appreciate receiving the Government’s views in response to earlier comments made by the Association of Employers of Slovenia (ZDS), according to which in recent years there have been no genuine consultations but rather the social partners are merely notified of the Government’s decisions.

Article 5 and Part V of the report form. Enforcement measures. Application in practice. The Committee notes that the minimum wage, as of January 2012, is set at €763, which represents around 50 per cent of the average wage. It also notes that, according to the information provided by the Government, the number of employees remunerated at the minimum wage rate represented 6.4 per cent of the total workforce in 2010. The Committee further notes the statistical data concerning inspection results with respect to the minimum wage legislation for the period 2007–11. The Committee requests the Government to continue to provide all available information on the application of the Convention in practice, including for instance, the approximate number of workers covered by the Convention, statistics on the evolution of the minimum wages in recent years as compared to the evolution of economic indicators, such as the inflation rate, in the same period, inspection results showing the number of visits carried out, violations of the minimum wage legislation observed and sanctions imposed, and copies of official reports, such as activity reports of the ESC, or studies addressing issues of minimum wage policy.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government in its report and attached documents, especially the adoption of the Minimum Wage Act (Official Gazette No. 114/06). It also notes with interest the judgement of the Supreme Court of the Republic of Slovenia of 11 March 2003 in which express reference was made to ILO Convention No. 131 as being one of the legal bases of workers’ right to pay for work performed.

Articles 3 and 4, paragraph 2, of the Convention. Full consultations with the social partners. The Committee notes the Government’s explanations concerning the annual readjustment of the national minimum wage based on the forecast inflation rate as provided for in section 2 of the new Minimum Wage Act. The Government states that after determining the increase in cost of living for the past year, the Minister responsible for labour informs the social partners about the planned increase of the minimum wage or of the new amount of the minimum wage which is intended to be set. In this connection, the Committee notes the observations made by the Association of Employers of Slovenia (ZDS) according to which the social partners have been completely deprived of the opportunity to influence in any way the review of the level of the minimum wage. In the ZDS’ view, the Minimum Wage Act requires true consultations with the social partners but no such consultations took place in 2007. The requirements of the Act cannot be said to have been met when the Minister simply notifies the social partners of the expected rise of the minimum wage. The ZDS further states that employers’ and workers’ organizations had negotiated a minimum wage agreement on account of the unexpectedly high inflation rate in 2007 which proved their willingness and ability to independently fix minimum pay rates. The ZDS concludes that the procedure followed by the Government for the purpose of fixing the amount of the minimum wage for 2007 was clearly contrary to the principle of social dialogue and therefore the Government should involve the employers’ and workers’ representatives more intensively in the minimum wage fixing process. The Committee wishes to recall, in this connection, that the principle of full consultation and direct participation of the social partners at all stages of the minimum wage fixing process is one of the essential obligations of the Convention. As the Committee has pointed out in paragraphs 191, 234, 241 and 423–425 of its 1992 General Survey on minimum wage, the consultation and participation of the social partners in the establishment and modification of minimum wage fixing machinery or its operation must be useful and effective, that is to say that these representatives must be genuinely given an opportunity to express their views, before any decisions are taken, in full knowledge of the facts, and that their views must be duly taken into consideration. Consultation has different connotation from mere “information” and from “co-determination”; it must be able to have some influence on the decision so that it does not end up being a mere formality. The Committee therefore requests the Government to provide additional explanations as to the exact content of consultations with the social partners in matters of minimum wage-fixing. It would also appreciate receiving any specific comments the Government may wish to make in reply to the observations of the ZDS.

In addition, the Committee notes the comments of the Confederation of Public Sector Trade Unions (KSJS) according to which the Minimum Wage Act of 2006 does not address the problem of major derogations from the expected price increase as experienced in the second half of 2007. The KSJS also indicates that the Minimum Wage Act does not make reference to economic factors, such as productivity or the rate of unemployment, which, according to the Convention, should be taken into consideration in determining the level of minimum wages. The Committee requests the Government to provide its comments in reply to the observations made by the KSJS.

Article 5 and Part V of the report form. Enforcement measures. The Committee notes the statistical information provided by the Government on inspection results concerning compliance with the national legislation in respect of minimum wage in the period 2003–07. It also notes that in 2006, 2.5 per cent of employed people were paid at the minimum wage rate, and that the national minimum wage amounts to 538.50 euros as from 1 August 2007. The Committee would be grateful if the Government would continue to provide in future reports up to date information on the practical application of the Convention, including for instance the approximate number of workers remunerated at the minimum wage rate; statistics on labour inspection results showing the number of visits, violations recorded and sanctions imposed; copies of official documents or studies on minimum wage policy, such as activity reports of any tripartite consultative bodies or economic surveys serving as bases for relevant discussions, etc.

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

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:

Article 3 of the Convention. The Committee notes that under the Act of 1999 on the minimum wage, the method of wages adjustment and allowance for annual leave in the period from 1999 to 2001, the minimum wage rate was increased annually by 85 per cent of the growth in the prices of essential goods recorded in the preceding year and additionally increased by the established percentage growth in the gross domestic product in the same period. It also notes that, pursuant to the law on the implementation of the agreement on wage policy for the period from 2002 to 2004, wage adjustments for 2002 and 2003 are determined in part by reference to the changes in the cost of living, while as from 2004 a new method will be introduced to take account of the ratio between the exchange rate between the euro and SIT and inflation in selected EU Member States that are Slovenia’s largest foreign trade partners, and the movement in the cost of living. The Committee requests the Government to provide up to date information on the evolution of the indicators which determine the periodic adjustment of the minimum wage rate. While noting the Government’s statement that the adjustment of wages is agreed upon among the social partners prior to the enactment of relevant legislation, the Committee would appreciate receiving more detailed information on the form and manner in which the social partners are consulted in respect of fixing and revising minimum wages, including any surveys or studies which may have been undertaken by consultative tripartite bodies as regards national economic conditions.

Article 5 and Part V of the report form. The Committee requests the Government to supply all available information concerning the application of the Convention in practice, including for instance inspection reports showing the number of infringements of the minimum wage legislation observed and the sanctions imposed, the number and different categories of workers subject to relevant legislation, minimum wage rates in force, and any other particulars bearing on the operation of the minimum wage fixing machinery.

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

The Committee notes the information provided in the Government’s report, in particular the adoption of the new Employment Act of 2002.

Article 3 of the Convention. The Committee notes that under the Act of 1999 on the minimum wage, the method of wages adjustment and allowance for annual leave in the period from 1999 to 2001, the minimum wage rate was increased annually by 85 per cent of the growth in the prices of essential goods recorded in the preceding year and additionally increased by the established percentage growth in the gross domestic product in the same period. It also notes that, pursuant to the law on the implementation of the agreement on wage policy for the period from 2002 to 2004, wage adjustments for 2002 and 2003 are determined in part by reference to the changes in the cost of living, while as from 2004 a new method will be introduced to take account of the ratio between the exchange rate between the euro and SIT and inflation in selected EU Member States that are Slovenia’s largest foreign trade partners, and the movement in the cost of living. The Committee requests the Government to continue to provide up-to-date information on the evolution of the indicators which determine the periodic adjustment of the minimum wage rate. While noting the Government’s statement that the adjustment of wages is agreed upon among the social partners prior to the enactment of relevant legislation, the Committee would appreciate receiving more detailed information on the form and manner in which the social partners are consulted in respect of fixing and revising minimum wages, including any surveys or studies which may have been undertaken by consultative tripartite bodies as regards national economic conditions.

Article 5 and Part V of the report form. The Committee notes the statistical information supplied by the Government according to which, in 2000, some 18,000 workers, or around 2.9 per cent of the total workforce, were remunerated at the minimum wage rate. The Committee requests the Government to continue to supply all available information concerning the application of the Convention in practice, including for instance inspection reports showing the number of infringements of the minimum wage legislation observed and the sanctions imposed, the number and different categories of workers subject to relevant legislation, minimum wage rates in force, and any other particulars bearing on the operation of the minimum wage fixing machinery.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the detailed information provided in the Government's report in reply to its previous comments concerning the application of Articles 1, 4 and 5 of the Convention. It requests the Government to continue to provide, in accordance with Article 2, paragraph 1, of the Convention, in conjunction with Article 5 and point V of the report form, general information on the application of the Convention in practice, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report, as well as the attached Act of 26 December 1990, on guaranteed minimum wages.

Article 1 of the Convention. The Committee notes the Government's reference to section 4 of the Act providing for "a general minimum wage applying to all workers in the country". It notes that the scope of the guaranteed minimum wage is not clearly specified in the provisions of the Act. The Committee requests the Government to supply further information on the scope of the minimum wage, including the possibilities of exceptions, for example, under section 7 providing for the Government's power to fix wages.

Article 4. Noting the Government's indication of the present minimum wage rate, the Committee asks the Government to provide information on the specific decree which fixed this rate. It also requests the Government to indicate how equality between employers and workers regarding their participation in the minimum wage-fixing machinery is ensured.

Article 5 and point V of the report form. The Committee would be grateful to the Government for communicating information on the application of minimum wages in practice, including, for example, the number of infringements observed by labour inspectors, and the cases of sanctions imposed.