Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Slovenia (Ratification: 1992)

Articles 2 and 3 of the Convention. Protection against acts of interference. In its previous comments, the Committee had concluded that the protection against acts of interference afforded by sections 42 (right to associate) and 76 (free establishment, and functioning of, and membership in trade unions) of the Constitution, as well as section 6 of the Representativeness of Workers’ Unions Act (providing that independence from employers is one of the characteristics of a representative trade union), was not sufficient and that sufficiently dissuasive sanctions were necessary. The Committee had noted the Government’s indication that concrete sanctions for employers or their associations in case of interference in the activities of trade unions were currently not provided for by law and that legislative amendments had not yet been adopted in this regard. The Committee notes the Government’s indication in its report, that no legislative amendments in this field are foreseen at present, that the relevant rights provided for in the Constitution are subject to judicial protection and that no practical problems have been detected in this area. The Committee considers that the Convention requires the existence of clear and precise legislative provisions ensuring adequate protection of workers’ organizations from acts of interference as defined in Article 2(2) of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that national legislation contains specific provisions prohibiting acts of interference by employers or their organizations in the establishment, functioning and administration of workers’ organizations, and establishing effective and sufficiently dissuasive sanctions against such acts. It once again requests the Government to indicate any progress made in this respect.