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

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Slovenia (Ratification: 1992)

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

Articles 2 and 3 of the Convention. Measures to detect illegal employment of migrants and migration in irregular conditions. The Committee notes the information on the findings of the labour inspection services in 2009. The Committee notes that 340 violations (compared to 318 in 2008) were detected: 260 violations of the Employment and Work of Aliens Act and 80 violations of the Prevention of Illegal Work and Employment Act. The Government also indicates that inspectors stressed the importance of communication and information exchange with the authorities responsible for issuing work and residence permits. Inspectors also often observed employers deregistering workers from the insurance scheme without actually terminating the employment. The Committee also notes the information regarding violations pertaining to registration of work and return of work permits. Noting that the Government is transposing Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals, the Committee asks the Government to provide information on the status of adoption of the draft legislation, and to provide a copy of the relevant texts for further examination by the Committee.

Articles 3, 4, 5 and 6. Measures to detect migration in abusive conditions, including human trafficking. The Committee notes the adoption of the Action Plan of the Inter-ministerial Working Group (IWG) on Trafficking in Human Beings for 2010–11, which focuses on concrete prevention, through broad-based awareness raising and training, and more effective judicial proceedings placing emphasis on detection, investigation and prosecution of criminal acts related to trafficking of human beings. The Committee notes that AFTUS, referring to the 2009 annual report of the IWG (adopted in June 2010) indicates that despite an increase in human trafficking for the purposes of labour exploitation, an exceptionally low number of cases of trafficking in human beings are being detected and its stresses the role of employment agencies as central to this phenomenon. According to AFTUS, Slovenia is, besides a country of transit, also a country of destination for trafficking of persons into construction, seasonal work in agriculture, domestic work and begging, and it draws attention to legislative gaps, including the definition of exploitation and related difficulties regarding the burden of proof. Recalling that Articles 3, 4 and 5 of the Convention require States to adopt the necessary measures to suppress clandestine movements of migrants and against the organizers of such movements, including measures to allow prosecution of authors of labour trafficking whatever the country from which they operate and measures for systematic contact and exchange of information, the Committee asks Government to indicate the results achieved under the Action Plan on Trafficking in Human Beings for 2010–11 in this regard. The Committee asks the Government to provide information on the number of persons involved in labour trafficking who have been prosecuted under the relevant legislation, including an indication on whether they have been prosecuted regardless of the country they operate from, and on the number of detected cases of labour trafficking, prosecutions and sanctions.

Article 8(1). Non-return in case of loss of employment. The Committee recalls its previous requests for information on how it is ensured that a foreigner with a temporary residence permit and who does not meet the requirements of the Employment and Insurance Against Unemployment Act (No. 107/2006) shall not be regarded as an irregular worker by mere loss of his or her employment. The Committee notes that sections 30(1) and 40 of the Aliens Act 2007 appear to provide a basis for foreigners with an employment permit or permit for work to apply for a temporary residence permit if they can demonstrate well-founded reasons which justify their stay in the Republic of Slovenia for the period of time for which their presence in the country is indispensable, but for no longer than one year. The Committee asks the Government to provide information on the number of workers with a permit for employment or a work permit that have applied for temporary residence on the basis of sections 30(1) and 40 of the Aliens Act, due to loss of employment.

Article 9(3). Costs of expulsion. The Committee previously asked the Government to amend section 62(1) of the Aliens Act, pursuant to which foreigners who have their own funds shall be obliged to bear the costs of their sustenance and accommodation and the costs of deportation to the extent of their own funds, in conformity with the Convention. Noting that the Aliens Act is being amended, the Committee asks the Government to provide information on the progress made in its adoption and hopes that the Act will ensure that a migrant worker who is in an irregular situation for reasons that cannot be attributed to him or her, the costs of return, as well as the return of family members, including transport costs, shall not fall upon the migrant; and if the migrant worker is in an irregular situation for reasons which can be attributed to him or her, the costs of expulsion do not fall upon the migrants.

Articles 10 and 12. National policy on equality. The Committee further notes with interest the project on “Promoting employability, education and social integration of migrant workers and their families”, implemented by the Employment Institute. The main purpose of the project is to establish an “INFO point” which will enable operations in the area of preventing exploitation, discrimination and possible unemployment of migrants while at the same time providing better accessibility to new employment. With INFO point, the Employment Institute offers migrant workers consultations and services, as well as basic information on employment and residential issues, possibilities for vocational education and training for migrants and their families and assistance to migrants in administrative procedures (for employment, education and training). The Committee further notes the information on the Equality in Diversity Project carried out by the Office for Equal Opportunities which aims at raising awareness on multiple discrimination and combating discrimination based on a number of grounds, including nationality. The Committee asks the Government to continue to provide information on the measures taken or envisaged to implement a national policy on equality of opportunity and treatment between migrant workers lawfully in the country and nationals, and the results achieved. Please also provide specific information on the activities of INFO point and the Equality for Diversity Project in this regard.

The Committee notes that the Government recently concluded an “Agreement between the Republic of Slovenia and Bosnia and Herzegovina on Employing Citizens from Bosnia and Herzegovina in the Republic of Slovenia”, which regulates the conditions and procedures of employment of citizens from Bosnia and Herzegovina. Noting that AFTUS in its communication raises concerns about the discriminatory impact of the Agreement vis-à-vis workers from Bosnia and Herzegovina with regard to conditions of residence and related rights and benefits, the Committee asks the Government to provide a copy of the Agreement and information on its implementation, and to reply to the observations raised by AFTUS.

Enforcement. The Committee notes that according to the Office of the Advocate of the Principle of Equality, there is an increasing number of cases of discrimination regarding access to goods and services based on nationality and ethnicity, but that the majority of the alleged cases turned out to be unjustified as a consequence of insufficient awareness. So far, the Advocate has not yet dealt with cases of alleged unequal treatment of migrant workers. The Committee asks the Government to continue to provide information on the enforcement of the equal treatment and non-discrimination legislation with respect to migrant workers, including any cases brought by migrant workers to the courts or to the Office of the Advocate of the Principle of Equality, and the outcome of these cases.