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

Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) - Slovenia (Ratification: 2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 12(b) of the Convention. Claims for holiday pay. The Committee recalls its previous comment in which it noted that the protection afforded by section 19(1)(c) of the Public Guarantee and Maintenance Fund Act might not always be sufficient to meet the requirements of the Convention. More concretely, the Committee understands that by limiting the claim for holiday pay to any “unused annual leave to which an employee is entitled during the current calendar year”, the Act cannot always ensure compensation for leave corresponding to at least the six-month period of service preceding the insolvency or the date of termination of employment, as required by this Article of the Convention. For instance, in the case where the insolvency occurs in February of a given calendar year, an employee would be entitled to pay for leave corresponding to the first two months of work, at best, and not to the six months prior to insolvency as prescribed by the Convention. If the Committee’s understanding of the scope of section 19(1)(c) is accurate, the Committee would accordingly request the Government to consider amending the relevant provision of the Public Guarantee and Maintenance Fund Act to ensure full conformity with the requirements of the Convention.

Part IV of the report form. The Committee would be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention.