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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 12(b) of the Convention. Claims for holiday pay. In its previous comment, the Committee noted that section 19(1)(c) of the Public Guarantee and Maintenance Fund Act, which limits the claim for holiday pay to any unused annual leave to which an employee is entitled during the current calendar year, appears to give only partial effect to the requirements of this Article of the Convention that refers to holiday pay accrued over a period of service of no less than six months prior to the insolvency. In its latest report, the Government indicates that the Committee’s comments will be considered in the context of legislative amendments that are being drafted. The Committee requests the Government to keep the Office informed of any measures taken in order to ensure that the Public Guarantee and Maintenance Act is fully aligned with the standards set out in Article 12 of the Convention and to transmit a copy of any revised text once it has been adopted.

Part IV of the report form. Practical application. The Committee notes that according to the statistical information provided by the Government, in 2009, the Guarantee Fund received ten times the number of claims it had received in 2008. It also notes that, in 2011, the number of claims further increased by almost 60 per cent, as compared to 2010, while the amounts disbursed nearly doubled from €11.3 million to €20.6 million in the same period. The Committee requests the Government to continue to supply up to date information on the practical application of the Convention, in particular as regards the implications of the continued increase in the number of claims and any foreseen difficulties in its operation.

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

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided in the Government’s report and attached documents, especially the adoption of the Act amending the Public Guarantee and Maintenance Fund (Official Gazette No. 61/06) with a view to regulating cross-border insolvency situations in line with relevant EU legislation. It also notes with interest the judicial decision of the Ljubljana Superior Labour and Social Court of 16 October 2003 in which express reference was made to ILO Convention No. 173 in analysing the scope of the right to severance pay under section 19 of the Public Guarantee and Maintenance Fund Act.

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 notes that according to the statistical information provided by the Government for the period 2004–06, there has been a noticeable reduction in the number of applications filed with the guarantee fund and a similar reduction in the number of bankruptcy proceedings. In 2006, the guarantee fund received 1,263 claims, that is 45 per cent less than in 2005, and issued decisions for the payment of 518.5 million Slovenian tolar (approximately 2.1 million euros). The funds for payments to beneficiaries were principally provided from the state budget and partly recovered from insolvent employers through subrogation. The Committee would be grateful if the Government would continue to supply up to date information on the practical application of the Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

Article 12(b) of the Convention. The Committee notes that under section 19(1)(c) of the Public Guarantee and Maintenance Fund Act, entitled persons may claim holiday pay for the period of unused annual leave accrued during the current calendar year. The Committee understands, however, that in the case the insolvency or termination of employment occurs in the first six months of a calendar year the scope of the protected claim would be narrower than the minimum coverage prescribed by the Convention. The Committee would be grateful to the Government for providing clarification in this respect.

Part IV of the report form. The Committee notes that according to the latest statistics available, in 2002 the Public Guarantee and Maintenance Fund received 2,870 applications and paid claims to 2,799 beneficiaries representing a total amount of 3.5 million euros. In the same year, the funds arising from subrogation amounted to 1.7 million euros. Overall, in the period 1997–2003 the Fund paid out guaranteed entitlements to 47,000 beneficiaries for a total amount of more than 34 million euros. According to the 2001 Annual Report of the Fund, most payments to beneficiaries were made for unpaid salaries and other amounts due in respect of paid leave (58 per cent), 25 per cent of payments covered unpaid severance pay while 17 per cent of all payments covered claims for holiday pay. The Committee would appreciate if the Government would continue to supply detailed information on the operation, financing and management of the wage guarantee institution, including for instance the current rate of the employers’ compulsory contribution, the number of applications received, claims settled and sums paid per year, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the Government’s first report on the application of the Convention.

Article 12(b) of the Convention. The Committee notes that under section 19(1)(c) of the Public Guarantee and Maintenance Fund Act, entitled persons may claim holiday pay for the period of unused annual leave accrued during the current calendar year. The Committee understands, however, that in the case the insolvency or termination of employment occurs in the first six months of a calendar year the scope of the protected claim would be narrower than the minimum coverage prescribed by the Convention. The Committee would be grateful to the Government for providing clarification in this respect.

Part IV of the report form. The Committee notes that according to the latest statistics available, in 2002 the Public Guarantee and Maintenance Fund received 2,870 applications and paid claims to 2,799 beneficiaries representing a total amount of 3.5 million euros. In the same year, the funds arising from subrogation amounted to 1.7 million euros. Overall, in the period 1997-2003 the Fund paid out guaranteed entitlements to 47,000 beneficiaries for a total amount of more than 34 million euros. According to the 2001 Annual Report of the Fund, most payments to beneficiaries were made for unpaid salaries and other amounts due in respect of paid leave (58 per cent), 25 per cent of payments covered unpaid severance pay while 17 per cent of all payments covered claims for holiday pay. The Committee would appreciate if the Government could continue to supply detailed information on the operation, financing and management of the wage guarantee institution, including for instance the current rate of the employers’ compulsory contribution, the number of applications received, claims settled and sums paid per year, etc.