Paid Educational Leave Convention, 1974 (No. 140) - Slovenia (Ratification: 1992)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 2–7 of the Convention. Policy for the promotion of paid educational leave. In its previous comments, the Committee requested the Government to continue to provide information regarding the measures taken to attain the objectives set out in Article 3 of the Convention and how these measures can be considered to be coordinated with general employment, education and training policies within the meaning of Article 4. The Committee also requested the Government to continue to supply information on the manner in which arrangements for paid educational leave are funded, as required under Article 7. The Government reports that no changes have been made to the Employment Relationship Act during the reporting period in relation to the Convention. In addition, no new measures were taken in relation to the public employment system in the context of paid educational leave. The Government indicates that the rights and obligations between the public institution and the employee who is referred to further education are regulated in a contract setting out the number of paid educational leave days granted. The Government refers once again to article 170(4) of the Employment Relationship Act (ZDR-1), which provides that costs of vocational education, training and advanced training shall be covered by the employer if the employer refers the employee for this purpose. The Committee further notes the Government’s indication that, according to section 39 of the Collective Agreement on non-commercial activities in the Republic of Slovenia, a public employee is entitled to compensation while on paid educational leave of 100 per cent of his or her basic salary during the period of the leave. The Committee requests the Government to provide updated information on any measures taken or envisaged, within the framework of a national policy on paid educational leave, to contribute to the attainment of the objectives set out in Article 3 of the Convention, as well as on the manner and extent to which the policy is coordinated with general policies concerning employment, education and training (Article 4). Please also provide information concerning the manner in which arrangements for paid educational leave are financed (Article 7).

Article 2(c). Paid educational leave for the purpose of trade union education. In its previous comments, the Committee requested the Government to provide information on the measures adopted to extend the right of paid educational leave for trade union education to workers other than trade union representatives, and to provide information on the practical application of the Convention, including extracts of the relevant collective agreements and other relevant documents and statistics. The Government reports that the right to paid educational leave for the purpose of trade union education is specifically regulated by collective agreements for individual sectors, which specify paid hours and/or days of absence from work for trade union representatives for the purpose of trade union education. It adds that some collective agreements also include provisions concerning paid hours and/or days of absence from work for trade union members to attend meetings. It indicates that no new measures have been adopted that would extend the right to paid educational leave for the purpose of trade union education for workers with no trade union responsibilities. The Government further notes that it does not collect data on the number of public employees granted paid educational leave. The Committee notes the extracts supplied by the Government from sectorial collective agreements relevant to paid educational leave for the purpose of trade union education. The Committee invites the Government to continue to provide updated information on measures taken or envisaged to extend paid educational leave for the purpose of trade union education to workers other than those with trade union responsibilities (Article 2(c)). The Government is also requested to provide extracts of collective agreements, as well as extracts of reports, studies or inquiries relating to the practical application of the Convention, and available statistics on the number of workers granted paid educational leave (Part V of the report form).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 2–5 of the Convention. Policy to promote paid educational leave. The Committee notes the Government’s report received in November 2013. The Committee takes note of the amendments made in 2013 to the Employment Relationship Act which provides that if an employer refers a worker for education, training or further training (if the needs of the working process so require or if it may prevent the cancellation of the employment contract for reasons of incompetence or for business reasons), the costs of that education, training or further training shall be borne by the employer. The Committee invites the Government to continue providing information on the measures taken, within the framework of a national policy on paid educational leave, to contribute to the attainment of the objectives set out in Article 3 of the Convention as well as on the manner in which such policy is coordinated with general policies concerning employment, education and training (Article 4). Please continue providing information on how the arrangements for paid educational leave are financed (Article 7).

Article 2(c). Paid educational leave for the purpose of trade union education. In its 2005 direct request, the Committee had noted that the conditions for granting paid educational leave for the purpose of trade union education were set out in sectoral collective agreements under which the right to paid educational leave was only granted to trade union representatives. It had also noted that more favourable provisions in this regard may be provided under specific agreements with the employer. The Committee asks the Government to supply information on other measures envisaged to extend the granting of paid educational leave for the purpose of trade union education to workers other than those with trade union responsibilities (Article 2(c)). Please also include extracts of the relevant collective agreements, together with extracts of reports, studies or inquiries relating to the practical application of the Convention, and available statistics on the number of workers granted paid educational leave (Part V of the report form).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

1. Paid educational leave for the purpose of general education. The Committee notes the Government’s detailed report received in March 2009 including replies to the 2005 direct request. The Committee takes note of the amendments made in 2007 to the Employment Relationship Act adding employability to the purposes of employees’ education. It also notes that, under the Social Agreement concluded with the social partners for the period 2007–09, the Government has undertaken to encourage the retraining, additional education and employment of workers with inadequate, uncompleted or insufficient education. The Committee further notes the information provided in the Government’s report on a number of programmes for staff education and training co-financed by the European Union through the European Social Fund within the framework of an active employment policy focused on competitiveness, employability and lifelong learning. The Committee invites the Government to continue providing information on the measures taken, within the framework of a national policy on paid educational leave, to contribute to the attainment of the objectives set out in Article 3 of the Convention as well as on the manner in which such policy is coordinated with general policies concerning employment, education and training (Article 4). Please continue providing information on how the arrangements for paid educational leave are financed (Article 7).

2. Paid educational leave for the purpose of trade union education. The Committee notes that the conditions for granting paid educational leave for the purpose of trade union education are set out in sectoral collective agreements under which the right to paid educational leave is granted only to trade union representatives. The Committee further notes that more favourable provisions in this regard may be provided under specific agreements with the employer. The Committee notes the provisions of the 2007 Workers Participation Management Act under which paid educational leave is also granted to workers’ representatives appointed as members of workers’ councils in order to acquire the knowledge required to perform their duties. The Committee asks the Government to continue to supply information on other measures envisaged to extend the granting of paid educational leave for the purpose of trade union education to workers other than those with trade union responsibilities (Article 2(c)).

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

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:

The Committee notes the Government’s report for the period ending May 2003 and the information it contains in reply to the Committee’s previous request. The Committee invites the Government to continue providing detailed information, particularly on the following aspects of the application of the Convention.

1. Paid educational leave for the purpose of general education. The Committee notes the provisions of the 2002 Employment Act under which paid educational leave is to be granted in the event of examinations taken by the worker as part of a course of study undertaken for personal interest. Please indicate whether other measures have been taken or are envisaged to promote the granting of paid educational leave for the purpose of general, social and civic education (Article 2(b) of the Convention).

2. Paid educational leave for the purpose of trade union education. The Committee notes that, under the General Collective Agreement for Economic Activities, the training of trade union representatives in collective bargaining and labour law forms a part of training in the interests of the employer for the purpose of the application of clauses relating to training and the granting of leave for examinations. Please indicate whether measures have been taken or are envisaged to extend the granting of paid educational leave for the purpose of trade union education to workers other than those with trade union responsibilities (Article 2(c)).

3. Coordination with employment and training policies. The Committee notes the information on the jointly financed programme for education and staff training, which exists within the framework of an active employment policy that places emphasis on lifelong learning. The Committee invites the Government to continue providing information on the manner in which the policy to promote the granting of paid educational leave is coordinated with general policies concerning employment, education and training (Article 4). Also, please continue providing information on how the arrangements for paid educational leave are financed (Article 7).

4. Practical application. Please submit all available statistics concerning, in particular, the number of workers granted paid educational leave, according to the type of training or education undertaken, during the reporting period (Part V of the report form).

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

The Committee notes the Government’s report for the period ending May 2003 and the information it contains in reply to the Committee’s previous request. The Committee invites the Government to continue providing detailed information, particularly on the following aspects of the application of the Convention.

1. Paid educational leave for the purpose of general education. The Committee notes the provisions of the 2002 Employment Act under which paid educational leave is to be granted in the event of examinations taken by the worker as part of a course of study undertaken for personal interest. Please indicate whether other measures have been taken or are envisaged to promote the granting of paid educational leave for the purpose of general, social and civic education (Article 2(b) of the Convention).

2. Paid educational leave for the purpose of trade union education. The Committee notes that, under the General Collective Agreement for Economic Activities, the training of trade union representatives in collective bargaining and labour law forms a part of training in the interests of the employer for the purpose of the application of clauses relating to training and the granting of leave for examinations. Please indicate whether measures have been taken or are envisaged to extend the granting of paid educational leave for the purpose of trade union education to workers other than those with trade union responsibilities (Article 2(c)).

3. Coordination with employment and training policies. The Committee notes the information on the jointly financed programme for education and staff training, which exists within the framework of an active employment policy that places emphasis on lifelong learning. The Committee invites the Government to continue providing information on the manner in which the policy to promote the granting of paid educational leave is coordinated with general policies concerning employment, education and training (Article 4). Also, please continue providing information on how the arrangements for paid educational leave are financed (Article 7).

4. Practical application. Please submit all available statistics concerning, in particular, the number of workers granted paid educational leave, according to the type of training or education undertaken, during the reporting period (Part V of the report form).

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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:

1. The Committee notes from the Government’s reports and from other available information that, generally speaking, a national policy is being implemented which gives effect to the principle of lifelong learning - in particular through the application of Act No. 572 of 14 February 1996 on adult education and the activities of the Institute for Adult Education. The Government refers in this connection to national measures, such as the General Collective Agreement for Commercial Activities, under which employees can be educated under arrangements agreed with the employer.

2. The Committee notes the observations from the Association of Employers of Slovenia on the financing of paid educational leave by employers. The Association refers to discussions held with workers’ organizations on the financing of leave for education that is not directly linked to the interests of the enterprise. It indicates that it is opposed to paid leave for the preparation of examinations and for the day of the examination, and refuses additional obligations over and above the existing ones, which are considerable.

3. The Committee recalls that, according to Article 1 of the Convention, the term "paid educational leave" means leave granted to a worker for educational purposes for a specified period during working hours. In this connection, it refers the Government to its General Survey of 1991 on human resources development in which it pointed out that leave of absence for examinations, reduction of daily or weekly working hours to facilitate attendance at evening classes, permission to attend classes during working hours either within or outside the enterprise, leave granted for the duration of an educational course or cycle, etc., meet the essential requirement laid down in the Convention that educational or training activities should take place during working hours. The time devoted to these activities must be included in working hours if there is to be genuine educational leave within the meaning of the Convention, since they are intended to encourage the development of continuing training by enabling workers to complete their education and training in such a way that the extra effort they are willing to make for this purpose does not add to the fatigue associated with their normal workload or curtail their hours of leisure (paragraph 349). However, while recognizing the right of a worker on educational leave to receive financial benefits, the Committee pointed out that the Convention does not specify the person or body responsible for meeting the corresponding financial obligation. The appropriate arrangements are a matter for national policy and are likely to vary according to the purpose of the leave. They may include direct financing by individual employers within their own enterprises, financing by employers in general by means of a mutual insurance system or financing by the State (paragraph 351).

4. The Committee requests the Government to provide available information on any action taken following the discussions between the social partners on the financing of workers’ educational leave for purposes unrelated to the interest of the enterprise. It would also appreciate further information on the following points.

5. Articles 2, 6 and 7 of the Convention. The Government is asked to specify measures (for example laws or regulations, collective agreements, annual action programmes by the competent bodies, etc.) for the formulation of a national policy designed to promote the granting of paid educational leave for each of the purposes set forth in Article 2 of the Convention (training at any level; general, social and civic education; trade union education). The Government is also asked to indicate the manner in which public authorities associate representative organizations of employers and workers, the Institute for Adult Education or any other competent body in the application of the national policy to promote paid educational leave (Article 6), and to specify the arrangements made to finance paid educational leave for each of the purposes set forth, providing all available information on the amounts spent (Article 7).

6. Articles 3 and 10. The Government is asked to indicate, providing examples of them, the individual or collective measures taken as part of the national policy on paid educational leave to contribute to the acquisition, improvement and adaptation of occupational and functional skills and the promotion of employment and job security in conditions of scientific and technological development and economic and structural change (a), the competent and active participation of workers and their representatives in the life of the undertaking and of the community (b), the human, social and cultural advancement of workers (c). Please also indicate the arrangements for the granting of paid educational leave for each of the above purposes (conditions to be filled by workers, length of the leave, rate of financial benefits paid).

7. Part V of the report form. The Committee requests the Government in its next report to provide a copy of the General Collective Agreement for non-commercial activities and any available information on the manner in which the Convention is applied including, for example, extracts of reports, studies or inquiries and statistics of the number of workers covered by paid educational leave.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes from the Government’s reports and from other available information that, generally speaking, a national policy is being implemented which gives effect to the principle of lifelong learning - in particular through the application of Act No. 572 of 14 February 1996 on adult education and the activities of the Institute for Adult Education. The Government refers in this connection to national measures, such as the General Collective Agreement for Commercial Activities, under which employees can be educated under arrangements agreed with the employer.

2. The Committee notes the observations from the Association of Employers of Slovenia on the financing of paid educational leave by employers. The Association refers to discussions held with workers’ organizations on the financing of leave for education that is not directly linked to the interests of the enterprise. It indicates that it is opposed to paid leave for the preparation of examinations and for the day of the examination, and refuses additional obligations over and above the existing ones, which are considerable.

3. The Committee recalls that, according to Article 1 of the Convention, the term "paid educational leave" means leave granted to a worker for educational purposes for a specified period during working hours. In this connection, it refers the Government to its General Survey of 1991 on human resources development in which it pointed out that leave of absence for examinations, reduction of daily or weekly working hours to facilitate attendance at evening classes, permission to attend classes during working hours either within or outside the enterprise, leave granted for the duration of an educational course or cycle, etc., meet the essential requirement laid down in the Convention that educational or training activities should take place during working hours. The time devoted to these activities must be included in working hours if there is to be genuine educational leave within the meaning of the Convention, since they are intended to encourage the development of continuing training by enabling workers to complete their education and training in such a way that the extra effort they are willing to make for this purpose does not add to the fatigue associated with their normal workload or curtail their hours of leisure (paragraph 349). However, while recognizing the right of a worker on educational leave to receive financial benefits, the Committee pointed out that the Convention does not specify the person or body responsible for meeting the corresponding financial obligation. The appropriate arrangements are a matter for national policy and are likely to vary according to the purpose of the leave. They may include direct financing by individual employers within their own enterprises, financing by employers in general by means of a mutual insurance system or financing by the State (paragraph 351).

4. The Committee requests the Government to provide available information on any action taken following the discussions between the social partners on the financing of workers’ educational leave for purposes unrelated to the interest of the enterprise. It would also appreciate further information on the following points.

5. Articles 2, 6 and 7 of the Convention. The Government is asked to specify measures (for example laws or regulations, collective agreements, annual action programmes by the competent bodies, etc.) for the formulation of a national policy designed to promote the granting of paid educational leave for each of the purposes set forth in Article 2 of the Convention (training at any level; general, social and civic education; trade union education). The Government is also asked to indicate the manner in which public authorities associate representative organizations of employers and workers, the Institute for Adult Education or any other competent body in the application of the national policy to promote paid educational leave (Article 6), and to specify the arrangements made to finance paid educational leave for each of the purposes set forth, providing all available information on the amounts spent (Article 7).

6. Articles 3 and 10. The Government is asked to indicate, providing examples of them, the individual or collective measures taken as part of the national policy on paid educational leave to contribute to the acquisition, improvement and adaptation of occupational and functional skills and the promotion of employment and job security in conditions of scientific and technological development and economic and structural change (a), the competent and active participation of workers and their representatives in the life of the undertaking and of the community (b), the human, social and cultural advancement of workers (c). Please also indicate the arrangements for the granting of paid educational leave for each of the above purposes (conditions to be filled by workers, length of the leave, rate of financial benefits paid).

7. Part V of the report form. The Committee requests the Government in its next report to provide a copy of the General Collective Agreement for non-commercial activities and any available information on the manner in which the Convention is applied including, for example, extracts of reports, studies or inquiries and statistics of the number of workers covered by paid educational leave.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the Government's report. The Committee also notes the adoption of Act No. 572 of 14 February 1996 respecting adult education. The Committee would like the Government to inform it in its next report of the effect of this Act on the application of the Convention. Please also provide additional information on the following points.

Article 2(c) of the Convention. Please indicate the measures taken or envisaged to ensure the granting of paid leave for the purpose of trade union education.

Article 5. Please provide the relevant extracts of collective agreements which provide for the granting of paid educational leave.

Article 7. Please provide information on the financing of arrangements for paid educational leave and provide all available statistics on the amounts disbursed for the granting of paid educational leave.

Section V of the report form. Please provide extracts from relevant reports, studies, surveys and statistics to enable a general appreciation of the manner in which the Convention is applied.