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

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

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.]