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

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

Previous comment

Article 1 of the Convention. Legislative developments. Migration policy. The Committee takes note of the information provided by the Government, in its report, on a number of legislative developments relevant to labour migration, in particular: (1) the modification of section 210 of the Employment Relationship Act (ZDR-1) to increase the level of minimum protection provided to workers posted in Slovenia by foreign employers, so as to ensure the application of more favourable Slovenian regulations; (2) the amendment of the Employment, Self-Employment, and work of Foreigners Act (ZZSDT) to facilitate the recruitment of foreign workers in innovative companies or compagnies with high added value; and (3) the amendment of the Aliens Act (ZTuj-2) to, among other, regulate the conditions of entry of third-country nationals for the purposes of seasonal employment and in the framework of intra-corporate transfers, and to facilitate the entry of third country nationals coming for the purposes of research and study. The Committee also takes note of the fact that the previous Strategy of Economic Migration (SEM) 2010-2020 has expired and that the Government does not provide information on the adoption of a new policy on labour migration. In this regard, it wishes to stress the importance of: (1) developing a coherent policy on international labour migration based upon the economic and social needs of both origin and destination countries, and taking account of short-term workforce needs and long-term social and economic consequences; and (2) integrating national labour migration policies and the protection of migrant workers’ rights in a national employment policy aimed at promoting full, decent, productive and freely chosen employment (see 2016 General Survey, Promoting fair migration, paragraphs 169–170). The Committee therefore requests the Government to indicate whether it is considering adopting a new SEM and to provide information on any development in this regard. The Committee also requests the Government to continue to provide information on the legislative developments to regulate emigration and immigration.

Articles 2 and 4. Provision of accurate information and assistance. The Committee takes note of the Government’s confirmation that the services provided by the INFO points to foreigners is free of charge.

Article 6. Free choice of employment. The Committee refers to its comments, in this regard, under Article 14 of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Equal treatment with respect to conditions of work. While the Committee notes the detailed information provided by the Government on the activities of the labour inspectorate in relation with the enforcement of the Employment, Self-Employment, and work of Foreigners Act (ZZSDT). It notes, in particular, the indication that the violations of Slovenia’s labour legislation are mostly recorded by the type of violation of the Employment Relationship Act (ZDR-1) and that there are no statistics on these violations disaggregated by citizenship statuses (nationals and foreign workers). In this context, the Committee points out that appropriate data and statistics are crucial in determining the nature of inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact and make adaptations where necessary (2016 General Survey, paragraphs 647–50). The Committee asks the Government to ensure that such labour migration data are collected, disaggregated by sex and sectors of employment and occupation, so as to be in the position to assess whether migrant workers lawfully within the country, benefit in practice from conditions of work that are not less favourable than the conditions applied to nationals, in relation to remuneration, hours of work, overtime arrangements, rest periods, and annual leave.

Equal treatment with respect to accommodation. The Government indicates that the conditions of accommodations of foreign workers continue to be subject to inspections which led to the detection of two violations in 2018 and in 2019. No violations were detected from 2020 to July 2022. The Committee takes note of this information.

Equal treatment with respect to social security. The Committee notes that the Government confirms that when foreigners who still hold a valid single permit are deregistered from the compulsory social insurance schemes because their employment contracts have ended, they are notified of the deregistration by the Employment Service and must send proof of an employment contract with the same employer and for the same job within fifteen days to avoid the deregistration. The Committee requests the Government to indicate how the national legislation gives effect to the principle of not less favourable treatment of foreign workers whose employment contract comes to an end, as regards social security entitlements arising from past periods of employment, in respect of access to medical care or income security benefits (for example, in case of maternity, family or unemployment benefits) for the periods during which they are allowed to remain on the national territory. Lastly, the Committee requests the Government to provide information on whether it has concluded international agreements with other States for the maintenance of acquired social security rights and rights in course of acquisition.

Enforcement. The Committee notes the indication by the Government that the Transnational Provision of Services Act (ZČmlS) transposes the EU Directive No. 2018/957 on posted workers. It takes note of the detailed information provided on the activities of the labour inspectorate, in relation with both the supervision of the regulations on posted work and the supervision of the Employment, Self-Employment, and work of Foreigners Act (ZZSDT). It notes however that the information provided on posted work concerns for the most part workers posted to other EU Member States, as opposed to information on the situation of foreign workers posted to work in Slovenia. It also notes that most violations of the Employment, Self-Employment, and work of Foreigners Act (ZZSDT) reported for 2021, involved situations where employers instructed workers to perform work for which they had no authorization (section 7 of the Act). The Committee requests the Government to continue reporting on the activities of the labour inspectorate in relation with labour migration, including information on the implementation in practice of the legislation on posted work performed in Slovenia. It also requests the Government to provide information on the sanctions imposed by the labour inspectorate in cases of violations of the Employment Relationship Act (ZDR-1) to the detriment of migrant workers (nature of the sanctions and, if applicable, amounts of the fines), as well as information on any relevant court cases.

Statistics. The Committee takes note of the statistical information provided by the Government and issued by the Employment Service, showing that 22,560 work permits were issued in 2021 and 12,894 in the first seven months of 2022. The vast majority of these permits were issued in the context of the mobility agreement in force with Bosnia Herzegovina (19,577 in 2021 and 10,908 for the first seven months of 2022) and concerned overwhelmingly male migrant workers (21,038 in 2021 and 11,266 in the first seven months of 2022). Lastly, the main sectors for which work permits were issued were the manufacturing sector (5,012 in 2021 and 3,324 in the first seven months of 2022) and the construction sector (4,081 in 2021 and 2,366 in the first seven months of 2022). The Committee requests the Government to continue to collect and communicate statistical data on labour migration, including information on the types of permits granted, and the sectors in which migrant workers were employed, disaggregated by sex and nationality. It also invites the Government to gather and communicate comparable statistics on the number of Slovenian workers abroad. Finally, the Committee draws the Government’s attention to the Guidelines concerning statistics of international labour migration (ICLS/20/2018/Guidelines) for consideration and guidance.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Migration policy. In reply to the Committee’s previous request to provide information on the content of the Strategy of Economic Migration (SEM) for the period 2010–20 and on its implementation, the Government explains in its report that, in the past ten years, Slovenia has joined the countries that experience a lack of manpower which is the consequence of the ageing of the active population and lack of adequate or qualified staff on their labour markets. SEM addresses these demographic challenges by a number of policies and measures, in particular by providing for an active immigration policy based on principles of equal treatment of foreign workers and protection of their socio-economic rights for work and employment. The Government states that the key results of the implementation of the SEM include the following: better information of migrant workers about their rights, obligations and work and employment options; conclusion of bilateral agreements on employment; faster recognition of foreign qualifications for doctors and dental practitioners; introduction in legislation of a single application procedure for work and residence permits; introduction of circular migration with Bosnia and Herzegovina; inclusion of measures on legal immigration within the Strategy on the Western Balkans; and adoption of a regulation determining occupations in which the employment of foreigners is not tied to the labour market.Considering the current demographic and labour market challenges described by the Government, the Committee asks the Government to provide information on the steps being taken to adopt a migration policy post 2020, the content of the migration policy and its implementation, and any results achieved in relation to the application of the Convention.

Articles 2 and 4. Provision of accurate information and assistance. Further to its previous comments concerning the funding and functioning of the INFO point for foreigners, the Committee notes that a new INFO point has been established and is funded by the Slovenia Employment Services with the aim of providing information on all relevant legal issues pertaining to work and to assist advisers of the European Employment Service (EURES) which is a cooperation network formed by public employment services set up to facilitate employment mobility among the member States and maintain a database of available jobs, provide information on workers’ rights and living conditions in other European Union Member States.The Committee asks the Government to confirm that this service is provided free of charge to migrant workers and to continue to provide information on the type of information and assistance provided to migrant workers, including those from countries outside Europe, and to those wishing to emigrate.

Article 6. Equal treatment with respect to conditions of work. In its previous comments, the Committee noted the concern raised by the Association of Free Trade Unions of Slovenia (AFTUS) that allowing foreign workers with an employment permit to work only for the employer who obtained the permit increased the employers’ opportunity to exploit them in respect to conditions of work. The Committee notes the Government’s reply that, under the Employment, Self-employment and Work of Aliens Act, No. 47/2015 (ZZSDT), which sets out the new requirements and procedures for the issuance of the single work and residence permit, a third-country national may be employed in the country if there are no unemployed persons registered that would be suitable to fill the job vacancy, and the employer meets the requirements of actively operating, being registered for compulsory social insurance and being registered to conduct activity based on business receipts or investments. Pursuant to section 37 of the ZZSDT, during the period of the validity of the single permit, a third-country national is allowed to change jobs within the same employer, to change employers, and to take up employment with two or more employers on the basis of the written authorization of the competent authority which the Committee understands is the Employment Service. During this process, the migrant worker is not obliged to leave the country; thus he or she is no longer limited to one employer, and therefore not in a position of dependency.The Committee asks the Government to provide information on the practical application of these provisions including the number of requests and approvals of third-party nationals to change employers.

With respect to protection of equal conditions of work, the Committee notes that the working conditions of migrants is regulated by the Employment Relationship Act (ERA) 2013, as amended, which applies equally to nationals, third-country nationals, and posted workers. The Committee also notes that according to the Government, statistics on violations of ERA are not disaggregated by third-country nationals and thus it is not possible to ascertain the number of violations of the Act pertaining to migrant workers.The Committee asks the Government to consider taking steps to disaggregate the statistics on violations of the Employment Relations Act 2013, so as to be able to monitor, ensure and report on the application of the Act to migrant workers, specifically as concerns equal protection of remuneration, hours of work, overtime arrangements, rest periods and annual leave. Please report on any steps taken in this regard.

Equal treatment with respect to accommodation. With respect to previous concerns raised by AFTUS regarding housing conditions of migrants and supervision of these conditions, the Committee notes that section 10 of the Employment, Self-employment and Work of Aliens Act No. 47/2015, provides that employers and hirers who provide accommodation to third-party nationals shall ensure compliance with the minimum housing and hygiene standards, which is the same as the requirement in the former Employment and Work of Aliens Act No. 47/2015. The Committee notes that there were 15 violations of these provisions in 2014, six in 2015, seven in 2016, and three in 2017.The Committee asks the Government to continue to provide information on the violations concerning the accommodations of migrant workers and to indicate the sanctions and remedial measures applied. Please also provide information on any other measures taken to promote better application of section 10 of the Act, including any measures to raise awareness of rights and obligations with respect to accommodations.

Equal treatment with respect to social security. The Committee refers to its previous comments concerning the issue of deregistration of foreign workers from social insurance before their contracts have ended. It notes that new procedures have been adopted through the Employment, Self-employment and Work of Aliens Act No. 47/2015, which according to the Government, strengthens protection against illegal deregistration. In this connection, the Committee notes that the Act provides that where a foreigner is deregistered from the compulsory social insurance schemes because his or her employment contract has terminated but still holds a valid single permit, the Employment Service must notify the foreigner who has 15 days to stop the possible illegal deregistration or to correct any errors.Noting that this new procedure appears to place more responsibility on the foreign worker to correct an illegal deregistration, the Committee asks the Government to provide full information on the manner in which the new procedure operates in practice to prevent, correct and sanction illegal deregistration and to ensure that foreign workers are treated no less favourably than nationals with respect to health insurance and social security.

Enforcement. The Committee notes the detailed information provided by the Government on the results of the labour inspection services concerning violations of the Employment and Work of Aliens Act, the Employment, Self-employment and Work of Aliens Act No. 47/2015, the Employment Relationship Act, 2013, and the Prevention of Undeclared Work and Employment Act, 2014. It also notes the number of violations of applicable labour laws and regulations applying to persons employed by Slovenian employers and posted in EU Member States and to persons posted in Slovenia. Further, the Committee notes that over the last few years, the number of violations of the Employment Relationship Act, 2013, concerning the rights of workers posted to other countries largely exceeds the number of violations concerning the rights of workers posted to Slovenia. Most of these violations were in relation to the failure to include all the compulsory elements in the contract of employment for performance of work abroad. Regarding posted workers, the Committee welcomes the adoption of EU Directive No. 2018/957, pursuant to which Member States of the European Union shall apply to posted workers the terms and conditions of employment of the host country in a series of matters, that include remuneration, maximum work periods and minimum rest periods, minimum paid annual leave, minimum age, health, safety and hygiene at work, and accommodation.The Committee requests the Government to provide information on the adoption of relevant national transposition measures; and to indicate any education or guidance provided to employers and migrant workers, including posted workers to other countries, on their rights and obligations with the aim of improving compliance with the legal requirements set out in the above-mentioned laws. It also asks the Government to continue to provide information on violations of the above-mentioned Acts concerning migrant workers, disaggregated for migrant workers as for posted workers, and the sanctions imposed. Please also indicate whether courts or other tribunals have issued decisions involving questions relating to the application of the Convention, and if so, provide summaries of these decisions.

Statistics. The Committee notes the statistics provided by the Government on the work permits issued by citizenship for the reporting period. It notes that they not only show a continuing overall decrease in the number of permits issued, but that in 2016, the number of countries from where workers came greatly decreased, and in the first half of 2017 permits were issued only for foreigners from the former Socialist Federal Republic of Yugoslavia (Bosnia and Herzegovina, Croatia and Serbia).The Committee asks the Government to continue to provide statistical data on migration flows to Slovenia, including information on the type of permits granted, and the sectors in which migrants are employed, disaggregated by sex and nationality. With respect to strengthening the national system of statistics on international migration, the Committee refers the Government to the Guidelines concerning statistics of international migration (ICLS/20/2018/Guidelines) adopted by the 20th International Conference of Labour Statisticians in October 2018, for consideration and guidance.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Migration policy. In reply to the Committee’s previous request to provide information on the content of the Strategy of Economic Migration (SEM) for the period 2010–20 and on its implementation, the Government explains in its report that, in the past ten years, Slovenia has joined the countries that experience a lack of manpower which is the consequence of the ageing of the active population and lack of adequate or qualified staff on their labour markets. SEM addresses these demographic challenges by a number of policies and measures, in particular by providing for an active immigration policy based on principles of equal treatment of foreign workers and protection of their socio-economic rights for work and employment. The Government states that the key results of the implementation of the SEM include the following: better information of migrant workers about their rights, obligations and work and employment options; conclusion of bilateral agreements on employment; faster recognition of foreign qualifications for doctors and dental practitioners; introduction in legislation of a single application procedure for work and residence permits; introduction of circular migration with Bosnia and Herzegovina; inclusion of measures on legal immigration within the Strategy on the Western Balkans; and adoption of a regulation determining occupations in which the employment of foreigners is not tied to the labour market. Considering the current demographic and labour market challenges described by the Government, the Committee asks the Government to provide information on the steps being taken to adopt a migration policy post 2020, the content of the migration policy and its implementation, and any results achieved in relation to the application of the Convention.

Articles 2 and 4. Provision of accurate information and assistance. Further to its previous comments concerning the funding and functioning of the INFO point for foreigners, the Committee notes that a new INFO point has been established and is funded by the Slovenia Employment Services with the aim of providing information on all relevant legal issues pertaining to work and to assist advisers of the European Employment Service (EURES) which is a cooperation network formed by public employment services set up to facilitate employment mobility among the member States and maintain a database of available jobs, provide information on workers’ rights and living conditions in other European Union Member States. The Committee asks the Government to confirm that this service is provided free of charge to migrant workers and to continue to provide information on the type of information and assistance provided to migrant workers, including those from countries outside Europe, and to those wishing to emigrate.

Article 6. Equal treatment with respect to conditions of work. In its previous comments, the Committee noted the concern raised by the Association of Free Trade Unions of Slovenia (AFTUS) that allowing foreign workers with an employment permit to work only for the employer who obtained the permit increased the employers’ opportunity to exploit them in respect to conditions of work. The Committee notes the Government’s reply that, under the Employment, Self-employment and Work of Aliens Act, No. 47/2015 (ZZSDT), which sets out the new requirements and procedures for the issuance of the single work and residence permit, a third-country national may be employed in the country if there are no unemployed persons registered that would be suitable to fill the job vacancy, and the employer meets the requirements of actively operating, being registered for compulsory social insurance and being registered to conduct activity based on business receipts or investments. Pursuant to section 37 of the ZZSDT, during the period of the validity of the single permit, a third-country national is allowed to change jobs within the same employer, to change employers, and to take up employment with two or more employers on the basis of the written authorization of the competent authority which the Committee understands is the Employment Service. During this process, the migrant worker is not obliged to leave the country; thus he or she is no longer limited to one employer, and therefore not in a position of dependency. The Committee asks the Government to provide information on the practical application of these provisions including the number of requests and approvals of third-party nationals to change employers.

With respect to protection of equal conditions of work, the Committee notes that the working conditions of migrants is regulated by the Employment Relationship Act (ERA) 2013, as amended, which applies equally to nationals, third-country nationals, and posted workers. The Committee also notes that according to the Government, statistics on violations of ERA are not disaggregated by third-country nationals and thus it is not possible to ascertain the number of violations of the Act pertaining to migrant workers. The Committee asks the Government to consider taking steps to disaggregate the statistics on violations of the Employment Relations Act 2013, so as to be able to monitor, ensure and report on the application of the Act to migrant workers, specifically as concerns equal protection of remuneration, hours of work, overtime arrangements, rest periods and annual leave. Please report on any steps taken in this regard.

Equal treatment with respect to accommodation. With respect to previous concerns raised by AFTUS regarding housing conditions of migrants and supervision of these conditions, the Committee notes that section 10 of the Employment, Self-employment and Work of Aliens Act No. 47/2015, provides that employers and hirers who provide accommodation to third-party nationals shall ensure compliance with the minimum housing and hygiene standards, which is the same as the requirement in the former Employment and Work of Aliens Act No. 47/2015. The Committee notes that there were 15 violations of these provisions in 2014, six in 2015, seven in 2016, and three in 2017. The Committee asks the Government to continue to provide information on the violations concerning the accommodations of migrant workers and to indicate the sanctions and remedial measures applied. Please also provide information on any other measures taken to promote better application of section 10 of the Act, including any measures to raise awareness of rights and obligations with respect to accommodations.

Equal treatment with respect to social security. The Committee refers to its previous comments concerning the issue of deregistration of foreign workers from social insurance before their contracts have ended. It notes that new procedures have been adopted through the Employment, Self-employment and Work of Aliens Act No. 47/2015, which according to the Government, strengthens protection against illegal deregistration. In this connection, the Committee notes that the Act provides that where a foreigner is deregistered from the compulsory social insurance schemes because his or her employment contract has terminated but still holds a valid single permit, the Employment Service must notify the foreigner who has 15 days to stop the possible illegal deregistration or to correct any errors. Noting that this new procedure appears to place more responsibility on the foreign worker to correct an illegal deregistration, the Committee asks the Government to provide full information on the manner in which the new procedure operates in practice to prevent, correct and sanction illegal deregistration and to ensure that foreign workers are treated no less favourably than nationals with respect to health insurance and social security.

Enforcement. The Committee notes the detailed information provided by the Government on the results of the labour inspection services concerning violations of the Employment and Work of Aliens Act, the Employment, Self-employment and Work of Aliens Act No. 47/2015, the Employment Relationship Act, 2013, and the Prevention of Undeclared Work and Employment Act, 2014. It also notes the number of violations of applicable labour laws and regulations applying to persons employed by Slovenian employers and posted in EU Member States and to persons posted in Slovenia. Further, the Committee notes that over the last few years, the number of violations of the Employment Relationship Act, 2013, concerning the rights of workers posted to other countries largely exceeds the number of violations concerning the rights of workers posted to Slovenia. Most of these violations were in relation to the failure to include all the compulsory elements in the contract of employment for performance of work abroad. Regarding posted workers, the Committee welcomes the adoption of EU Directive No. 2018/957, pursuant to which Member States of the European Union shall apply to posted workers the terms and conditions of employment of the host country in a series of matters, that include remuneration, maximum work periods and minimum rest periods, minimum paid annual leave, minimum age, health, safety and hygiene at work, and accommodation. The Committee requests the Government to provide information on the adoption of relevant national transposition measures; and to indicate any education or guidance provided to employers and migrant workers, including posted workers to other countries, on their rights and obligations with the aim of improving compliance with the legal requirements set out in the above-mentioned laws. It also asks the Government to continue to provide information on violations of the above-mentioned Acts concerning migrant workers, disaggregated for migrant workers as for posted workers, and the sanctions imposed. Please also indicate whether courts or other tribunals have issued decisions involving questions relating to the application of the Convention, and if so, provide summaries of these decisions.

Statistics. The Committee notes the statistics provided by the Government on the work permits issued by citizenship for the reporting period. It notes that they not only show a continuing overall decrease in the number of permits issued, but that in 2016, the number of countries from where workers came greatly decreased, and in the first half of 2017 permits were issued only for foreigners from the former Socialist Federal Republic of Yugoslavia (Bosnia and Herzegovina, Croatia and Serbia). The Committee asks the Government to continue to provide statistical data on migration flows to Slovenia, including information on the type of permits granted, and the sectors in which migrants are employed, disaggregated by sex and nationality. With respect to strengthening the national system of statistics on international migration, the Committee refers the Government to the Guidelines concerning statistics of international migration (ICLS/20/2018/Guidelines) adopted by the 20th International Conference of Labour Statisticians in October 2018, for consideration and guidance.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. Migration policy. In reply to the Committee’s previous request to provide information on the content of the Strategy of Economic Migration (SEM) for the period 2010–20 and on its implementation, the Government explains in its report that, in the past ten years, Slovenia has joined the countries that experience a lack of manpower which is the consequence of the ageing of the active population and lack of adequate or qualified staff on their labour markets. SEM addresses these demographic challenges by a number of policies and measures, in particular by providing for an active immigration policy based on principles of equal treatment of foreign workers and protection of their socio-economic rights for work and employment. The Government states that the key results of the implementation of the SEM include the following: better information of migrant workers about their rights, obligations and work and employment options; conclusion of bilateral agreements on employment; faster recognition of foreign qualifications for doctors and dental practitioners; introduction in legislation of a single application procedure for work and residence permits; introduction of circular migration with Bosnia and Herzegovina; inclusion of measures on legal immigration within the Strategy on the Western Balkans; and adoption of a regulation determining occupations in which the employment of foreigners is not tied to the labour market. Considering the current demographic and labour market challenges described by the Government, the Committee asks the Government to provide information on the steps being taken to adopt a migration policy post 2020, the content of the migration policy and its implementation, and any results achieved in relation to the application of the Convention.

Articles 2 and 4. Provision of accurate information and assistance. Further to its previous comments concerning the funding and functioning of the INFO point for foreigners, the Committee notes that a new INFO point has been established and is funded by the Slovenia Employment Services with the aim of providing information on all relevant legal issues pertaining to work and to assist advisers of the European Employment Service (EURES) which is a cooperation network formed by public employment services set up to facilitate employment mobility among the member States and maintain a database of available jobs, provide information on workers’ rights and living conditions in other European Union Member States. The Committee asks the Government to confirm that this service is provided free of charge to migrant workers and to continue to provide information on the type of information and assistance provided to migrant workers, including those from countries outside Europe, and to those wishing to emigrate.

Article 6. Equal treatment with respect to conditions of work. In its previous comments, the Committee noted the concern raised by the Association of Free Trade Unions of Slovenia (AFTUS) that allowing foreign workers with an employment permit to work only for the employer who obtained the permit increased the employers’ opportunity to exploit them in respect to conditions of work. The Committee notes the Government’s reply that, under the Employment, Self-employment and Work of Aliens Act, No. 47/2015 (ZZSDT), which sets out the new requirements and procedures for the issuance of the single work and residence permit, a third-country national may be employed in the country if there are no unemployed persons registered that would be suitable to fill the job vacancy, and the employer meets the requirements of actively operating, being registered for compulsory social insurance and being registered to conduct activity based on business receipts or investments. Pursuant to section 37 of the ZZSDT, during the period of the validity of the single permit, a third-country national is allowed to change jobs within the same employer, to change employers, and to take up employment with two or more employers on the basis of the written authorization of the competent authority which the Committee understands is the Employment Service. During this process, the migrant worker is not obliged to leave the country; thus he or she is no longer limited to one employer, and therefore not in a position of dependency. The Committee asks the Government to provide information on the practical application of these provisions including the number of requests and approvals of third-party nationals to change employers.

With respect to protection of equal conditions of work, the Committee notes that the working conditions of migrants is regulated by the Employment Relationship Act (ERA) 2013, as amended, which applies equally to nationals, third-country nationals, and posted workers. The Committee also notes that according to the Government, statistics on violations of ERA are not disaggregated by third-country nationals and thus it is not possible to ascertain the number of violations of the Act pertaining to migrant workers. The Committee asks the Government to consider taking steps to disaggregate the statistics on violations of the Employment Relations Act 2013, so as to be able to monitor, ensure and report on the application of the Act to migrant workers, specifically as concerns equal protection of remuneration, hours of work, overtime arrangements, rest periods and annual leave. Please report on any steps taken in this regard.

Equal treatment with respect to accommodation. With respect to previous concerns raised by AFTUS regarding housing conditions of migrants and supervision of these conditions, the Committee notes that section 10 of the Employment, Self-employment and Work of Aliens Act No. 47/2015, provides that employers and hirers who provide accommodation to third-party nationals shall ensure compliance with the minimum housing and hygiene standards, which is the same as the requirement in the former Employment and Work of Aliens Act No. 47/2015. The Committee notes that there were 15 violations of these provisions in 2014, six in 2015, seven in 2016, and three in 2017. The Committee asks the Government to continue to provide information on the violations concerning the accommodations of migrant workers and to indicate the sanctions and remedial measures applied. Please also provide information on any other measures taken to promote better application of section 10 of the Act, including any measures to raise awareness of rights and obligations with respect to accommodations.

Equal treatment with respect to social security. The Committee refers to its previous comments concerning the issue of deregistration of foreign workers from social insurance before their contracts have ended. It notes that new procedures have been adopted through the Employment, Self-employment and Work of Aliens Act No. 47/2015, which according to the Government, strengthens protection against illegal deregistration. In this connection, the Committee notes that the Act provides that where a foreigner is deregistered from the compulsory social insurance schemes because his or her employment contract has terminated but still holds a valid single permit, the Employment Service must notify the foreigner who has 15 days to stop the possible illegal deregistration or to correct any errors. Noting that this new procedure appears to place more responsibility on the foreign worker to correct an illegal deregistration, the Committee asks the Government to provide full information on the manner in which the new procedure operates in practice to prevent, correct and sanction illegal deregistration and to ensure that foreign workers are treated no less favourably than nationals with respect to health insurance and social security.

Enforcement. The Committee notes the detailed information provided by the Government on the results of the labour inspection services concerning violations of the Employment and Work of Aliens Act, the Employment, Self-employment and Work of Aliens Act No. 47/2015, the Employment Relationship Act, 2013, and the Prevention of Undeclared Work and Employment Act, 2014. It also notes the number of violations of applicable labour laws and regulations applying to persons employed by Slovenian employers and posted in EU Member States and to persons posted in Slovenia. Further, the Committee notes that over the last few years, the number of violations of the Employment Relationship Act, 2013, concerning the rights of workers posted to other countries largely exceeds the number of violations concerning the rights of workers posted to Slovenia. Most of these violations were in relation to the failure to include all the compulsory elements in the contract of employment for performance of work abroad. Regarding posted workers, the Committee welcomes the adoption of EU Directive No. 2018/957, pursuant to which Member States of the European Union shall apply to posted workers the terms and conditions of employment of the host country in a series of matters, that include remuneration, maximum work periods and minimum rest periods, minimum paid annual leave, minimum age, health, safety and hygiene at work, and accommodation. The Committee requests the Government to provide information on the adoption of relevant national transposition measures; and to indicate any education or guidance provided to employers and migrant workers, including posted workers to other countries, on their rights and obligations with the aim of improving compliance with the legal requirements set out in the above-mentioned laws. It also asks the Government to continue to provide information on violations of the above-mentioned Acts concerning migrant workers, disaggregated for migrant workers as for posted workers, and the sanctions imposed. Please also indicate whether courts or other tribunals have issued decisions involving questions relating to the application of the Convention, and if so, provide summaries of these decisions.

Statistics. The Committee notes the statistics provided by the Government on the work permits issued by citizenship for the reporting period. It notes that they not only show a continuing overall decrease in the number of permits issued, but that in 2016, the number of countries from where workers came greatly decreased, and in the first half of 2017 permits were issued only for foreigners from the former Socialist Federal Republic of Yugoslavia (Bosnia and Herzegovina, Croatia and Serbia). The Committee asks the Government to continue to provide statistical data on migration flows to Slovenia, including information on the type of permits granted, and the sectors in which migrants are employed, disaggregated by sex and nationality. With respect to strengthening the national system of statistics on international migration, the Committee refers the Government to the Guidelines concerning statistics of international migration (ICLS/20/2018/Guidelines) adopted by the 20th International Conference of Labour Statisticians in October 2018, for consideration and guidance.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Migration policy. The Committee asks the Government to provide information on the content of the Strategy of Economic Migration for the period 2010–20 and on its implementation and the results thereof, in so far as it gives effect to the provisions of the Convention.

Articles 2 and 4 of the Convention. Provision of accurate information and assistance. The Committee notes that the Government confirms that the services offered by the “INFO point” for foreigners are free of charge. The Committee also understands from the Government’s report under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), that this is a project co financed by the European Social Fund, which has been extended until September 2015. The Committee asks the Government to continue to provide information on the measures taken to provide free assistance and accurate information to migrant workers and asks the Government to provide information on the measures taken to ensure the funding and the functioning of the INFO point for foreigners after September 2015.

Article (6)(1)(a)(i) of the Convention. Equal treatment with respect to conditions of work. In its previous comments, the Committee noted the concern raised by the Association of Free Trade Unions of Slovenia (AFTUS) that allowing foreign workers with an employment permit to work only for the employer who obtained the permit increased the employer’s opportunity to exploit them with respect to conditions of work. The Committee understands from the Government’s report that, when issuing a new employment permit, “the Employment Service of Slovenia verifies the employer’s compliance with statutory conditions, the purpose of which is to prevent the employment of aliens by employers who have poor credentials and thus to decrease potential violations of workers’ rights”. The Government states that a migrant worker is not limited to one employer but has the right to freely choose an employer, and is not therefore in a dependent position. Noting this information, the Committee asks the Government to clarify the obligation of the Employment Service with respect to the content and the extent of the verification of employers’ compliance with the “statutory conditions” when issuing employment permits. It also asks the Government to clarify the conditions in which a migrant worker is entitled to change employer without being obliged to leave the country, indicating the legal provisions applicable. Emphasizing the important role of the labour inspection services and other enforcement authorities in this respect, the Committee once again 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, so as to ensure that migrant workers are not treated less favourably than nationals with respect to such terms and conditions. Please continue to provide 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 With respect to housing conditions of migrant workers and the need to strengthen supervision in this regard, as raised by the AFTUS, the Committee notes the Government’s indication that no violation of the rules on setting minimum standards for accommodation of foreigners, who are employed or work in the Republic of Slovenia, has been detected since their entry into force in January 2012. The Committee welcomes the Government’s indication that a workshop on the provisions of these rules, with the participation of occupational health and safety inspectors was planned for November 2012. The Committee asks the Government to continue to provide information on the activities of the labour inspectorate to enforce the rules on setting minimum standards for accommodation of foreigners, including any violations detected and sanctions imposed, as well as any other measures taken to ensure that migrant workers are not treated less favourably than nationals with respect to accommodation. Please indicate the measures taken to raise awareness among migrant workers, employers and their organizations on rights and procedures with respect to accommodation.

Article 6(1)(b). Equal treatment with respect to social security. The Committee welcomes the Government’s indication that in 2011, the amendments to the Agreement of Social Security between Slovenia and Bosnia and Herzegovina were ratified by both States, thus enabling Bosnian workers to obtain unemployment benefits also upon temporary residence in Slovenia. The Committee also notes that the Government confirms the increasing number of cases, in the recent years, of employers deregistering foreign workers from social security before their contracts have ended, as pointed out by the AFTUS. The Government further indicates that the new Employment and Work of Aliens Act has amended the statutory procedure for deregistration of foreigners in case of early termination of the employment or contractual relationship. Deregistration from social insurance is not possible without a statement from the Employment Service, further to the return of the employment permit and the submission of evidence that the employment relationship was terminated and the foreign worker accordingly informed by the employer. The Committee asks the Government to clarify whether to Employment Service verifies the reason for termination of employment by the employer and indicate how the new procedure for deregistration ensures that migrant workers are not treated less favourably than nationals with respect to health insurance and social security. The Government is asked to continue to ensure observance of procedures regarding deregistration of foreign workers from social insurance and to provide information on violations detected by or brought to the attention of the competent authorities.

Parts III and IV of the report form. Enforcement. The Committee notes the detailed information provided by the Government on the results of the activities of the labour inspection services in enforcing the Employment and Work of Aliens Act of 2011 and the Prevention of Undeclared Work and Employment Act. The Committee notes that the labour inspectorate may impose fines under the Employment and Work of Aliens Act of 2011, in case of violations of the Act, including failure to ensure minimal accommodation and hygiene standards. The Committee also notes that no court decisions involving questions of principle relating to the application of the Convention have been issued. The Committee asks the Government to continue to provide information on the results of the activities of the labour inspectorate, including on the number of cases of violations of the legislation concerning migrant workers as well as the general labour law detected by or brought to its attention and the sanctions imposed. Please also indicate whether courts or other tribunals have issued decisions involving questions of principle relating to the application of the Convention, and if so, provide summaries of these decisions.

Statistics. The Committee notes the statistics provided by the Government on the work permits issued by citizenship for 2011 and the first seven months of 2012, which seem to show a decrease in the number of personal work permits issued for nationals of countries of the former Socialist Federal Republic of Yugoslavia as well for the other countries. The Committee asks the Government to confirm whether there has been an actual decrease in the number of personal work permits issued in recent years and, if so, to indicate if the reasons for this decrease have been identified in the context of the implementation of the 2011 Employment and Work of Aliens Act. It further asks the Government to continue to provide statistical data on migration flows to Slovenia, including information on the type of work permits granted and the sectors in which migrants are employed, and if possible disaggregated by sex, and nationality, and provided per full year.

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

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:

Repetition

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

Articles 2 and 4. Provision of accurate information and assistance. The Committee notes that the Ministry of Interior is distributing brochures and leaflets (in several languages) and has created a website (April 2010) to facilitate the integration of foreigners in Slovenian society and their entry and residence, and also notes the information provided on the activities of “INFO point”. The Committee also refers to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). The Committee asks the Government to confirm that the services offered by INFO point are free of charge and to continue to provide information on the measures taken to provide free assistance and accurate information to migrant workers.

Article 6(1)(b). Equal treatment with respect to social security. The Committee notes that AFTUS draws attention to the increasing number of cases of employers deregistering foreign workers from social security before their contracts have ended, with the effect that under applicable legislation such workers, in addition to losing health insurance, face revocation of their temporary residence permit, and thus their work permit. Please reply to the observations raised by AFTUS.

Article 8. Non-return of permanent workers in the event of incapacity to work. The Committee notes the Government’s confirmation that the permanent residence permit cannot be repealed due to non-fulfilment of the condition for sufficient means of survival.

Part IV of the report form. Enforcement. The Committee asks the Government to continue to provide information on the results of the relevant activities of the labour inspection service, in accordance with the provisions of the Convention, and on whether courts or other tribunals have issued decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.

Statistics. The Committee notes from the Government’s report that more than half of all the work permits are issued to persons originating from Bosnia and Herzegovina; of the 50,293 personal work permits issued as of July 2010, 28,198 permits were for nationals of this country, followed by Croatia (6,750) and The former Yugoslav Republic of Macedonia (4,126). In July 2010, employment permits amounted to 18,833 and permits for work totalled 5,556. The total number of persons that entered without a work permit was 71. The Committee asks the Government to continue to provide statistical data, disaggregated by sex and origin, on migration flows to Slovenia, including information on the type of work permits granted and the sectors in which migrants are employed.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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

Articles 2 and 4. Provision of accurate information and assistance. The Committee notes that the Ministry of Interior is distributing brochures and leaflets (in several languages) and has created a website (April 2010) to facilitate the integration of foreigners in Slovenian society and their entry and residence, and also notes the information provided on the activities of “INFO point”. The Committee also refers to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). The Committee asks the Government to confirm that the services offered by INFO point are free of charge and to continue to provide information on the measures taken to provide free assistance and accurate information to migrant workers.

Article 6(1)(b). Equal treatment with respect to social security. The Committee notes that AFTUS draws attention to the increasing number of cases of employers deregistering foreign workers from social security before their contracts have ended, with the effect that under applicable legislation such workers, in addition to losing health insurance, face revocation of their temporary residence permit, and thus their work permit. Please reply to the observations raised by AFTUS.

Article 8. Non-return of permanent workers in the event of incapacity to work. The Committee notes the Government’s confirmation that the permanent residence permit cannot be repealed due to non-fulfilment of the condition for sufficient means of survival.

Part IV of the report form. Enforcement. The Committee asks the Government to continue to provide information on the results of the relevant activities of the labour inspection service, in accordance with the provisions of the Convention, and on whether courts or other tribunals have issued decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.

Statistics. The Committee notes from the Government’s report that more than half of all the work permits are issued to persons originating from Bosnia and Herzegovina; of the 50,293 personal work permits issued as of July 2010, 28,198 permits were for nationals of this country, followed by Croatia (6,750) and The former Yugoslav Republic of Macedonia (4,126). In July 2010, employment permits amounted to 18,833 and permits for work totalled 5,556. The total number of persons that entered without a work permit was 71. The Committee asks the Government to continue to provide statistical data, disaggregated by sex and origin, on migration flows to Slovenia, including information on the type of work permits granted and the sectors in which migrants are employed.

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

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.

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

Article 1 of the Convention. Recent developments. The Committee notes the comprehensive legislative changes that have taken place since the last reporting period relevant to the application of the Convention. The Committee will undertake a more detailed examination of the new legislation once the relevant texts have been translated. The Committee notes that the Employment and Work of Aliens Act was amended in 2005 and 2007 to expand the categories of workers entitled to apply for a three-year personal work permit and to simplify the procedure for obtaining an extension of the work permit. The Committee notes that pursuant to Government Resolution of 25 May 2006 all citizens of the European Union and European Economic Area may now be employed in Slovenia without a work permit. Third-country nationals continue to be covered by the New Employment and Work of Aliens Act and require an employment permit. In addition, the Committee notes that the Government has established quotas for work permits for third-country nationals.

Migration movements. The Committee notes from the Government’s report that the share of male migrants for employment to Slovenia fluctuates between 83 per cent and 87 per cent, but that there is a slight increase in the percentage of female migrants. Most of the female migrants (21.7 per cent) are holding personal work permits. The Committee asks the Government to continue to provide statistical data on male and female migration flows to Slovenia, including information on the type of work permits granted and the sectors in which they are employed.

Articles 2 and 4. Provision of information and assistance. The Committee notes that the Employment Service of Slovenia (ESS) publishes a wide range of information on its website, including information on legislation, procedures, types of work permits, registration, and obligations of employers and workers. As part of the European Employment Services network, the ESS provides assistance and information to migrant workers moving within the Community. Information on arranging of work permits and employment permits in Slovenia is provided to third-country nationals. Referring to Paragraph 5(2) of the Migration for Employment Recommendation (Revised), 1949 (No. 86), the Committee asks the Government to indicate whether any information is provided to migrant workers regarding general employment and living conditions, return to the country, and any other information that might be of interest to them, such as information on their human and labour rights, language training facilities, vocational training, or legal advice. Please also indicate whether any information and assistance specifically targets women migrants.

Article 3. Misleading propaganda. The Committee notes that the Resolution on the Migration Policy of the Republic of Slovenia envisages the drawing up of programmes providing objective information to the public on the various aspects, causes and consequences of migration movements, as well as on preventing any spread of xenophobia and negative attitudes towards migrants. Please provide information on the specific programmes aimed at informing the public about migration movements and preventing negative attitudes towards migrants. Please also provide information on any measures taken to prevent false information being disseminated to migrant workers regarding the migration for employment to Slovenia, including on conditions of work.

Article 6(d). Equality of treatment. Legal proceedings. With reference to its previous comments on section 31 of the 1999 Aliens Act, the Committee notes the consecutive amendments of the Aliens Act. It notes the Government’s explanation that, pursuant to section 31 of the most recently amended Aliens Act (only available in Slovenian), an appeal against a decision or a resolution rejecting or refusing a request for extending or issuing of a further permit, or an appeal against a resolution halting a procedure for the extension or issuing of a further permit of temporary residence, stays the execution of the decision or resolution in question. The Government indicates that a person who files an appeal pursuant to section 31(4) of the Aliens Act may remain in the country until the appeal is resolved. A foreign persons’ obligation to leave the country arises only after the competent authority’s decision has become final. The Government further indicates that paragraph 3 of section 65 of the Aliens Act has been deleted and that administrative units are the competent authority of first instance in all cases relating to the issuing or termination of a residence permit. In order to reassure itself that no exceptions exist on the right of foreign workers to have access to legal recourse on an equal footing with nationals in respect of administrative acts, the Committee asks the Government to clarify in what instances appeal is no longer possible against the refusal of a renewal or issuing of a residence permit, and to confirm that all foreign workers have the right to appeal.

Article 7. The Committee notes that the bilateral agreement with Croatia is no longer being implemented and that the Government has concluded a bilateral agreement with The former Yugoslav Republic of Macedonia on the employment of seasonal workers, which involves cooperation between the ESS and the Macedonian employment agency. An agreement with Bosnia and Herzegovina is also being drafted, allowing employment services to mediate in the employment of migrant workers. Please continue to provide information on how the ESS is cooperating with employment agencies in other countries and on the services and assistance provided.

Article 8. Non-return of permanent workers in the event of incapacity to work. The Committee notes that persons with a personal work permit valid for an indefinite period of time or with a permit of permanent residence have the right to register with the Employment Service as an unemployed person and have the right to financial benefits under the same conditions as nationals. If, after the financial benefits have ceased, they are unemployed and they are not more than three years from meeting the conditions for retirement, they will have their pension and disability insurance contributions paid by the ESS (section 26 of the Employment and Insurance Against Unemployment Act (ZZZPB, OGRS79/2006)). The Committee asks the Government to clarify whether migrant workers with a permit of permanent residence or a personal work permit valid for an indefinite period of time, who are more than three years from retirement and who are unable to work for reason of illness or injury, may continue to reside in the country. Please also clarify whether the right to reside in the country is maintained for those who have retired but find themselves without means of support.

Part IV of the report form. The Committee asks the Government to continue to provide information on 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.

Article 12. Statistics. The Committee notes the information provided by the Government on the foreign workers employed in Slovenia, disaggregated by sex and areas of employment, the figures regarding the implementation of the quota regime for third-country nationals, and the results of the labour inspection activities with respect to contraventions regarding work permits. Please continue to provide statistical information on migration flows in and out of Slovenia, the quota regime, and the results of the relevant activities of the labour inspection service, in accordance with the provisions of the Convention.

[The Government is asked to reply in detail to the present comments in 2010.]

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

Article 6(1)(a)(i) and (b) of the Convention. Equality of treatment and non-discrimination with respect to conditions of work and social security. The Committee notes the comments by the Association of Free Trade Unions of Slovenia (AFTUS) attached to the Government’s report on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), raising issues related to the application of the equality of treatment principle embodied in Convention No. 97. In its comments, the AFTUS draws attention to the annual report of the Labour Inspectorate of 2006 explicitly highlighting the constant violations of labour law provisions concerning limitations on overtime work and the method of ordering overtime work: orders for overtime are usually given orally. In addition, the AFTUS is concerned that the system under which migrant workers with an employment permit only have the right to work for the employer who obtained their work permit, increases the employers’ opportunity to exploit migrant workers in terms of working time, payment, daily and weekly rest periods, and annual leave. In their view, linking a work permit to an employer constitutes indirect discrimination in employment based on ethnic origin or citizenship, which is prohibited under section 6 of Employment Relationship Act No. 103/2007. The Committee further notes from the Government’s report that labour inspection activities over the past five years showed a considerable number of violations of the Employment and Work of Aliens Act, especially in the construction industry, including the practice of illegal trading of workers between employers. The reports also indicates that workers tend to leave their job arbitrarily because of unpaid wages and the employers’ failure to make proper social security contributions. The Committee recalls that Article 6(1)(a)(i) requires ratifying States to apply, without discrimination in respect of nationality, race, religion or sex, to migrant workers lawfully within the country, treatment no less favourable than that which it applies to its own nationals in respect of remuneration, hours of work, overtime arrangements and holidays with pay. These provisions of the Convention envisage equal treatment of migrant workers in law, but also in practice. The Committee notes that the above information apparently indicates that many migrant workers, especially those in the construction industry, do not benefit from the rights and protection available under the legislation, in practice. The Committee further considers that a migrant workers’ dependency on an individual employer may in practice bring about the risk of non-respect by the employer of labour law provisions concerning working time, payment, daily rest periods, weekly rest and annual leave. The Committee requests the Government to take additional measures to ensure that the treatment extended to migrant workers employed in Slovenia is no less favourable than that which is applied to nationals, in law and in practice with regard to the matters listed in Article 6(1)(a)(i) and (b) of the Convention. This could include, for example, examination of the conditions of work of migrant workers in the sectors in which they are primarily employed. The Committee also requests the Government to provide further information on the activities carried out by the labour inspection services to ensure the 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 nature and number of violations found and an indication of the sanctions imposed. The Committee also requests the Government to provide information on how the concern of reducing the migrant workers’ dependency on one individual employer is being addressed.

Article 6(1)(a)(iii). Equal treatment with respect to accommodation. The Committee further notes that the AFTUS raises concerns regarding substandard housing conditions of migrant workers, including imposed visiting hours in single-sex hostels where many migrant workers reside. Employers of migrant workers also appear to take advantage of the absence of minimum standards for housing. The AFTUS recalls in this regard that section 2 of the Principle of Equal Treatment Act, 2007, provides for equal treatment based on nationality, race, gender and religion with respect to access to and supply of goods and services which are available to the public, including housing. In the view of the AFTUS, there is a need to strengthen the supervision of the housing conditions of migrant workers, including the delegation of responsibilities and obligations to one or more state authorities for regular control of housing conditions of migrant workers, high penalties for potential violators and laying down minimum standards of living for migrant workers at national level. The Committee draws the Government’s attention to the fact that under Article 6(1)(a)(iii) of the Convention, migrant workers lawfully in the country should not be treated less favourably than nationals with respect to accommodation. This includes the occupation of a dwelling to which migrant workers must have access under the same conditions as nationals. In its General Survey of 1999 on migrant workers, the Committee has also pointed out the importance of providing adequate housing arrangements for migrant workers, including by the employers, especially in the case of seasonal and time-bound work (paragraphs 281–282). At the same time, the Committee has also pointed out that the provision of migrant-specific housing, effectively segregating the migrant population from the national population, may not be conducive to social integration. The Committee requests the Government to provide information on the measures taken to ensure that in law and in practice migrant workers, especially those engaged in seasonal and time-bound work, are not being treated less favourably than nationals or other categories of migrant workers with respect to accommodation. In this regard, please also indicate the measures taken to address the concerns of the AFTUS such as strengthening the supervision of the housing conditions of migrant workers, imposing dissuasive penalties for potential violators and laying down minimum standards of living at national level for migrant workers. The Committee also refers to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

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

[The Government is asked to reply in detail to the present comments in 2010.]

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:

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.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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.