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

Protection of Wages Convention, 1949 (No. 95) - Slovenia (Ratification: 2009)

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes that under section 134(5) of the Employment Relationship Act (Official Gazette No. 103/07), eventual payments in kind shall be provided in a manner laid down in the employment contract with regard to the nature of work and existing practice. This provision seems to authorize any form of payments in kind based on individual agreement, whereas the Convention permits the partial payment of wages in kind only as may be authorized by national laws or regulations, collective agreements or arbitration awards. In addition, the Act does not explicitly prohibit the payment of wages in the form of liquor of high alcoholic content or of noxious drugs, as required under this Article of the Convention. Moreover, there seem to be no provisions to ensure that only allowances in kind that are appropriate for the personal use and benefit of the worker and his/her family may be authorized and also that the value attributed to them is fair and reasonable. Recalling that this provision of the Convention is not self-executing but requires specific measures (legislative, administrative or others) for its implementation, the Committee requests the Government to indicate the measures taken or envisaged in order to give full effect to all the requirements of Article 4(1) and (2) of the Convention.

Article 6. Freedom of workers to dispose of their wages. The Committee notes the Government’s reference to section 136 of the Employment Relationship Act which provides that the employer may not set off his claim against the worker with his obligation of payment without the worker’s written consent. The Committee observes, however, that the Employment Relationship Act does not appear to contain a general prohibition against limiting in any manner the freedom of workers to dispose of their wages. The Committee accordingly requests the Government to provide additional explanations as to how effect is given to this Article of the Convention.

Article 7. Works stores. The Committee notes that the general labour legislation does not appear to regulate the operation of works stores. The Committee accordingly requests the Government to provide further clarifications on this point.

Article 8(2). Deductions from wages. The Committee notes that section 136 of the Employment Relationship Act provides that the employer can withhold the payment of wages only in the cases laid down by law and that all provisions of an employment contract providing for other ways of withholding payment are to be considered null and void. The Committee observes, however, that no indication is given as to how workers are to be kept informed of the conditions under which, and the limits within which, deductions may be made from their wages, as required under this Article of the Convention. The Committee accordingly requests the Government to provide additional explanations in this regard.

Article 11. Protection of wage claims in bankruptcy proceedings by means of a privilege. The Committee notes that following the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), and the acceptance of the obligations of Part III of that Convention, the Government has declared that it does not consider itself bound by the provisions of Article 11 of Convention No. 95. However, recalling that under Article 3(7) of Convention No. 173, only those obligations in respect of claims which are protected pursuant to Part III may be so terminated, the Committee requests the Government to provide information on the protection of workers’ wage and service-related claims in the event of the employer’s bankruptcy other than those covered by the wage guarantee institution.