Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Slovenia

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1992)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1992)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Legislation. The Committee previously noted the overlapping provisions of the Labour Inspection Act (LIA) and the Inspection Act (IA) (which applies to all supervisory bodies, not only the labour inspectorate). It noted that section 3 of the IA provides that in the event of conflicting provisions, other laws take precedence over the IA. It noted, however, that legal uncertainty remained with respect to a number of important issues covered by Convention No. 81, and requested the Government to provide information on steps taken to provide greater certainty regarding the applicable provisions concerning labour inspection. In this respect, the Committee notes a series of amendments to labour legislation in recent years that reshape the mandate and functions of the labour inspectorate, including further amendments to the LIA in 2017, the 2016 amendments to the Employment Relationship Act (ERA), as well as the adoption of the Employment, Self-employment and Work of Aliens Act (ESWLA) and the Prevention of Undeclared Work and Employment Act (PUWEA). It notes with concern that, despite legislative reforms in recent years, legal uncertainty remains due to conflicting or overlapping provisions of the LIA and IA, with respect to, among others, preventative measures by inspectors, qualifications for inspectors, the requirement for liable employers to cover the costs of inspection, inspectors’ free access to workplaces without prior notice with certain exceptions, inspection procedures and their costs. The Committee further notes that the labour inspectorate (LI) is proposing various amendments to the new LIA, described in detail in the annual labour inspection report for 2017 (2017 Annual Report) available on the LI’s website, some of which were transmitted to the Ministry of Labour, Family, Social Affairs and Equal Opportunities at the end of 2017. The Committee requests the Government to indicate the extent to which labour inspectors are bound by the general principles established under the IA as well as how the overlapping or conflicting provisions under the IA and the LIA are applied in practice to the daily work of labour inspectors. In this respect, it requests the Government to clearly identify the provisions of the IA from which labour inspection is excluded, in light of the exception stated in section 3 of the IA, and to provide any judicial decisions or official guidance issued in that respect.

Articles 6, 10 and 16 of Convention No. 81 and Articles 8, 14, and 21 of Convention No. 129. Number of labour inspectors and their conditions of service. Stability and independence of labour inspectors. The Committee previously noted a decline in the number of labour inspectors (from 88 in 2011 to 81 in 2013). It notes with concern, that according to the 2017 Annual Report, the number has continued to drop to 77 in 2017 (41 labour inspectors for general labour conditions and employment relationships, 31 for occupational safety and health and five for social protection and security). The 2017 Annual Report states that this occurred despite an increase of 40,000 registered business entities since 2008 and additional duties being mandated to labour inspectors under the new LIA. In 2017, labour inspectors performed a total of 14,541 inspections (7,649 in the area of labour conditions and employment relationships; 6,659 on occupational safety and health and 233 on social protection), which resulted in the detection of a total of 29,513 violations. The Committee further notes with concern that the 2017 Annual Report states that labour inspectors are overwhelmed with the amount of assigned cases, and face a significant level of external pressure from both complainants and employers in the form of insults, misconduct, and aggressiveness concerning matters beyond their mandate. Noting the continuous decline in the number of labour inspectors and their heavy workload, as documented in the 2017 Annual Report, the Committee requests the Government to take the necessary measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate. It requests the Government to provide information on the measures taken in this respect, as well as measures taken or envisaged to address the issues raised in the 2017 Annual Report related to the pressure facing labour inspectors, including with a view to ensuring their independence from improper external influences.

Article 12(1)(b) of Convention No. 81 and Article 16(1)(b) of Convention No. 129. Access to workplaces liable to inspection. The Committee previously noted that pursuant to section 21 of the IA, persons owning or possessing business premises, production premises or other premises or land can refuse inspectors’ free access under certain conditions. However, it also noted the Government’s indication that in practice, no cases had been recorded where the entry to workplaces had been refused by reason of section 21. The Committee urges the Government to take measures to bring the national legislation into conformity with Article 12 of Convention No. 81 and Article 16 of Convention No. 129 to ensure that that labour inspectors are empowered to enter by day premises which they may have reasonable cause to believe to be liable to inspection.

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