Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 151) sur les relations de travail dans la fonction publique, 1978 - Slovénie (Ratification: 2010)

The Committee notes the information on the practical application of the provisions of the Convention provided by the Government in reply to its previous request, in particular regarding the number and type of infringements established by the labour inspectorate and the public administration inspectorate.

Article 5 of the Convention. Protection against acts of interference. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that national legislation contains specific provisions prohibiting acts of interference by public authorities in the establishment, functioning or administration of public employees’ organizations, and establishing effective and sufficiently dissuasive sanctions against such acts. The Committee notes that the Government again refers, in this context, to the broad provisions contained in the Constitution of the Republic of Slovenia and the Representativeness of Trade Unions Act, as well as to the possibility of judicial protection by the Constitutional Court. The Committee reiterates that the Convention requires the existence of clear and precise legislative provisions ensuring adequate protection of public employees’ organizations from acts of interference, in particular acts which are designed to promote the establishment of public employees’ organizations under the domination of a public authority, or to support public employees’ organizations by financial or other means, with the object of placing such organizations under the control of a public authority. In the Committee’s view, this protection should be guaranteed not only at the moment of registration of trade union organizations (as required by the Representativeness of Trade Unions Act), but also subsequently. The Committee therefore requests the Government once again to take all necessary steps to ensure that national legislation contains provisions expressly prohibiting acts of interference by public authorities in the establishment, functioning or administration of public employees’ organizations, and imposing effective and sufficiently dissuasive sanctions against such acts. It requests the Government to indicate any progress made in this respect.

Article 7. Procedures for determining terms and conditions of employment. The Committee notes the information provided by the Government in reply to its previous request and refers to its comments under the Collective Bargaining Convention, 1981 (No. 154).