Observación (CEACR) - Adopción: 2014, Publicación: 104ª reunión CIT (2015)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Eslovenia (Ratificación : 1992)

Legislation. The Committee notes the Government’s response to the Committee’s request to clarify the relationship between the overlapping provisions of the Labour Inspection Act (ZID) and the Inspection Act (ZIN), that section 3 of the ZIN provides that in the event of conflicting provisions, other laws take precedence over the ZIN. However, as for the overlap between the ZIN and the ZID concerning the obstruction of labour inspectors in their duties, which provide for fines of €1,500 and €4,172 respectively, the Committee notes the Government’s reference to section 40 of the ZIN, which states that, in the event of conflicting provisions concerning minor offences relating to obstruction, the law providing for more lenient sanctions takes precedence.

The Committee notes that there are cases where legal uncertainty remains in relation to the application of the above laws, such as with respect to the free entry of labour inspectors to workplaces liable to inspection. In this regard, the Committee notes that section 13 of the ZID provides for the free entry of labour inspectors to workplaces, while section 21 of the ZIN provides for restrictions of this right under certain circumstances. The Committee also notes the Government’s indication that a new Labour Inspection Act is currently under preparation. The Committee requests the Government to indicate whether, in the current legislative initiatives, any steps have been taken or are envisaged to consolidate the ZID and the ZIN, so as to provide for more legal certainty with regard to the applicable provisions concerning labour inspection. It requests the Government to provide a copy of any relevant legislation, if possible in one of the ILO’s working languages, once it has been adopted.

Articles 6, 10 and 16 of the Convention. Number of labour inspectors and their conditions of service. The Committee notes that the number of labour inspectors has decreased from 88 in 2011 to 81 in 2013 (now encompassing 44 labour inspectors for inspections in the area of general labour conditions, 33 in the area of OSH and four in the area of social security). In the same time period, the ratio of workplaces per inspector has increased from 2,108 to 2,314. The Committee notes the Government’s indication that the number of inspectors urgently needs to be increased in view of the increased number of workplaces covered by labour inspection and the new and technically demanding tasks. In this regard, the Committee notes that the creation of four new labour inspector posts was envisaged for 2013. The Committee further notes that the Government has not replied to its previous comments concerning the lack of adequate conditions of service of labour inspectors including wages, in order to retain qualified staff and to ensure the independence of labour inspectors from external influences. The Committee asks the Government to report on the progress made with regard to increasing the number of labour inspectors in response to its increased workload. It also once again requests the Government to identify any measures taken or envisaged to improve the conditions of service of labour inspectors and to make them more attractive for qualified candidates. It requests that the Government identify any progress made, or obstacles encountered, in this respect.

Article 12(1)(b). Access to workplaces presumed to be liable to inspection. The Committee previously noted that under the ZIN, persons owning or in possession of business premises, production premises or other premises or land, who are not the employer subject to inspection, can refuse the entry to workplaces under certain conditions. The Committee recalls that the reasons for this refusal in section 21 of the ZIN include the risk of severe embarrassment, considerable property damage or criminal prosecution. The Committee notes the Government’s indications, according to which: section 13 of the ZID provides for the free entry of labour inspectors to workplaces; and, in practice, no cases have been recorded where the entry to workplaces has been refused by reason of section 21 of the ZIN. The Committee also notes that the Government refers to the privilege against self-incrimination in criminal law. The Committee wishes to emphasize that according to Article 12(1)(b), labour inspectors should be empowered to enter by day premises which they may have reasonable cause to believe to be liable to inspection in order to efficiently ensure workers’ protection, and that this Article of the Convention does not allow for any restrictions. With reference to its General Survey of 2006, the Committee also recalls that restrictions placed in law or in practice on inspectors’ right of entry into workplaces can only stand in the way of achieving the objectives of labour inspection as set out in the Convention. The Committee therefore requests that the Government take measures so as to bring the national legislation into conformity with the abovementioned Article of the Convention.

Article 15(a). Prohibition from having any direct or indirect interest in the undertaking liable to inspection. The Committee notes the Government’s reference to sections 15 and 17 of the ZIN as provisions giving effect to Article 15(a) of the Convention. However, none of the indicated provisions directly prohibit labour inspectors from having a direct or indirect interest in the undertaking liable to inspection. The Committee therefore requests that the Government supplement the existing legislation so as to give effect to this Article, and to provide information in this regard.