Part-Time Work Convention, 1994 (No. 175) - Slovenia (RATIFICATION: 2001)

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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

Articles 5 and 7 of the Convention. Working conditions for part-time workers. The Committee notes the adoption of the new Employment Relationships Act ZDR-1 (Official Gazette No. 21/2013), in particular sections 65–67 on part-time employment contracts. It also notes the adoption of the Labour Market Regulation Act ZUTD (Official Gazette Nos 80/2010, 21/2013, 63/2013), which replaced the Employment and Unemployment Insurance Act. More concretely, the Committee notes that sections 27a to 27c of the Labour Market Regulation Act authorize the part-time employment of pensioners provided that it does not exceed 60 hours per month and the aggregate yearly income does not exceed €6,300. The Committee understands that these provisions reproduce in part or are heavily inspired by the provisions of the Temporary Work Act of 2010 which was strongly opposed and finally defeated in a national referendum in April 2011. The Temporary Work Act intended to regulate different forms of temporary or permanent part-time work of students, pensioners and unemployed persons on a basis of a special contractual relationship – this relationship not being an employment relationship and therefore not being subject to the national employment legislation. Under the Temporary Work Act, part-time workers’ entitlements were significantly reduced including a lower pay, no remuneration for sick leave, no holiday allowance, no severance pay and no annual holidays. The Committee accordingly requests the Government to provide detailed explanations as to how the provisions on part-time employment of pensioners of the Labour Market Regulation Act give effect to the requirements of the Convention concerning the basic wage and other working conditions of part time workers (Articles 5 and 7).

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Articles 5 and 7 of the Convention. Working conditions for part-time workers. The Committee notes the adoption of the new Employment Relationships Act ZDR-1 (Official Gazette No. 21/2013), in particular sections 65–67 on part-time employment contracts. It also notes the adoption of the Labour Market Regulation Act ZUTD (Official Gazette Nos 80/2010, 21/2013, 63/2013), which replaced the Employment and Unemployment Insurance Act. More concretely, the Committee notes that sections 27a to 27c of the Labour Market Regulation Act authorize the part-time employment of pensioners provided that it does not exceed 60 hours per month and the aggregate yearly income does not exceed €6,300. The Committee understands that these provisions reproduce in part or are heavily inspired by the provisions of the Temporary Work Act of 2010 which was strongly opposed and finally defeated in a national referendum in April 2011. The Temporary Work Act intended to regulate different forms of temporary or permanent part-time work of students, pensioners and unemployed persons on a basis of a special contractual relationship – this relationship not being an employment relationship and therefore not being subject to the national employment legislation. Under the Temporary Work Act, part-time workers’ entitlements were significantly reduced including a lower pay, no remuneration for sick leave, no holiday allowance, no severance pay and no annual holidays. The Committee accordingly requests the Government to provide detailed explanations as to how the provisions on part-time employment of pensioners of the Labour Market Regulation Act give effect to the requirements of the Convention concerning the basic wage and other working conditions of part time workers (Articles 5 and 7).

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The Committee notes the explanations provided by the Government concerning the application of Articles 6 (sickness benefits), 10 (voluntary transfer from full-time to part-time work) and 11 (consultations and collective agreements) of the Convention.

Article 7(a) of the Convention. Nursing breaks. While noting the Government’s explanations concerning motherhood protection in general, as regulated by the Parental Care and Family Benefits Act (Official Gazette No. 110 (2006)), the Committee observes that there seems to exist no express provision guaranteeing to part-time female workers the right to a breastfeeding break during working time. It considers, in this connection, that if section 193 of the Employment Relationships Act on breastfeeding breaks is to be read in conjunction with section 64(3), which provides that part-time workers exercise the rights and obligations arising from their employment relationship proportionally to the time for which the employment relationship is concluded, then the one-hour breastfeeding break normally granted to full-time workers would risk being reduced to an unreasonably short period of time, for instance, in the case of a nursing mother working at 25 or 30 per cent of a full-time job. The Committee therefore requests the Government to specify how it is ensured both in law and in practice that nursing mothers working part-time are entitled to a breastfeeding break during their working time in conditions equivalent to those of comparable full-time workers.

Article 9, paragraph 2(c). Measures facilitating access to part-time work. The Committee notes the Government’s reference to various measures provided for in the Employment and Unemployment Insurance Act, including subsidies to create both full-time and part-time jobs and the reimbursement of employers’ contributions to the unemployment insurance fund when an employer employs certain types of unemployed persons. It would appreciate if the Government would give an indication as to the results obtained in practice, especially in terms of new part-time work positions for workers with special needs and preferences, such as the unemployed, workers with family responsibilities, older workers, workers with disabilities and workers undergoing education or training.

Part V of the report form. Application in practice. The Committee notes the detailed account on the labour inspection results for the period 2003–08 which indicate a general increase of part-time employment contracts, sometimes linked to abusive practices such as long uncounted overtime hours. The Committee would be grateful if the Government would continue to provide up to date information concerning the practical application of the Convention including, for instance, the number of workers covered by the relevant legislation, if possible broken down by gender and age; extracts from labour inspection reports containing the number and nature of infringements observed and the penalties imposed; recent surveys or studies concerning trends in part-time work; copies of collective agreements containing clauses on part-time work; as well as any other particulars pertaining to the implementation of the requirements set forth in the Convention.

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The Committee notes the Government’s first report.

Article 6 of the Convention. Sickness benefits. Section 137(8) of the Labour Relations Act states that compensation for salaries in cases of absence from work for any sickness or accident not linked to work shall be paid to full-time workers. The Committee requests the Government to indicate whether there are provisions which grant equivalent protection to part-time workers and, if so, to provide a copy of them.

Article 7(a). Nursing breaks. Section 193 of the Labour Relations Act provides for nursing breaks for full-time female workers. The Committee requests the Government to indicate the measures taken to ensure that part-time female workers also benefit from such breaks, which form part of the maternity protection laid down by the Convention.

Article 9, paragraph 2(c). Measures facilitating access to part-time work. The Committee notes the co-financing measures for enterprises which practice job-sharing, and the programme for the promotion of part-time work which includes the provision of incentives and the dissemination of information on this subject. The Committee requests the Government to provide more detailed information on the specific measures taken with a view to promoting access to part-time work, particularly for workers undergoing education or training.

Article 10. Voluntary nature of the transfer from full-time to part-time work or vice versa. Sections 88(3) and 90 of the Labour Relations Act enable an employer to terminate an employment contract in circumstances of incapacity or for business reasons. Section 88(3) also requires the employer to check whether it is possible to offer the worker a new contract and, if so, to offer such a contract which a worker has the right to decline. However, if the worker refuses the offer, the sections indicate that the worker has no right to severance pay but may only retain the right to challenge the termination if reasons cannot be substantiated. The Committee is concerned that such provisions may be used as a means to effectively force a worker to accept changed conditions or transfer from full-time to part-time work or vice versa and therefore asks the Government to clarify the use of these provisions in practice.

Article 11. Consultations and collective agreements. The Committee requests the Government to indicate whether the most representative organizations of employers and workers were consulted before the adoption of the legislation referred to in its report, particularly the Labour Relations Act. It also requests the Government to provide information, if appropriate, on the adoption of any new collective agreements containing provisions relating to part-time work.