Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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 requested the Government to take the necessary measures to ensure that national legislation contained specific provisions prohibiting acts of interference by employers or their organizations in the establishment, functioning and administration of workers’ organizations, and providing effective and sufficiently dissuasive sanctions against such acts. The Committee notes that the Government indicates in its report that adequate judicial protection and sanctions are set out in the Employment Relationship Act, whose sections 217 and 218 establish fines for discrimination based on union membership against either jobseekers or employees, as well as other fines to employers failing to provide prescribed facilities to unions or to consult them on certain matters, or not affording prescribed protections to union representatives. The Committee recalls that, in addition to the obligation to protect against acts of anti-union discrimination, the Convention requires the existence of clear and precise legislative provisions to adequately protect workers’ organizations from acts of interference, such as those aiming to place workers’ organizations under the control of employers or employers’ organizations by financial or other means. The Committee again requests the Government to take any necessary measures to ensure that the legislation provides for the prohibition of all acts of interference, as well as effective and sufficiently dissuasive sanctions. Hoping that it will be able to observe progress in the near future, the Committee reminds the Government that it may avail itself of the technical assistance of the Office.

The Committee is raising other matters in a request addressed directly to the Government.