Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Slovenia (Ratification: 1992)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 2–6 of the Convention. Measures to address illegal employment of migrants and irregular migration. The Committee takes note of the detailed information provided by the Government, in its report, on the activities of the Financial Administration of the Republic of Slovenia (FURS), responsible for the enforcement of the Prevention of Undeclared Work and Employment Act (ZPDZC-1). It notes that the FURS carries out more than 10,000 inspections for illegal employment per year and that most violations are found in the sectors of construction, accommodation and food services activities. In 2021, 10,508 inspections were conducted, which led to the finding of 44 violations for the illegal employment of third country nationals; 40 minor offense proceedings were initiated, which led to the issuance of sanctions against 36 employers and 75 workers. Regarding the sanctions imposed to workers, the Committee notes that the Prevention of Undeclared Work and Employment Act (ZPDZC-1) provides for a fine of €200 to €2,500 for individuals employed without an employment or a civil law contract and that an additional sanction may be imposed for third-country nationals who are illegally present in the country. In this regard, the Committee is bound to stress that the penalization of unlawful migration increases the vulnerability of migrant workers in an irregular situation further and recalls that the measures called for under Part I of the Convention are primarily targeted at the demand for clandestine labour rather than the supply (2016 General Survey, Promoting fair migration, paragraph 513). The Committeeasks the Government to provide information on the application in practice of the sanctions imposed to workers under the Prevention of Undeclared Work and Employment Act (ZPDZC-1). It also requests the Government to continue to provide information on the activities of the Financial Administration of the Republic of Slovenia and of any other agency responsible for enforcing the legislation on the illegal employment of migrants and irregular migration.

Measures against human trafficking. The Committee takes note of the indication by the Government that the National Working Group on Combating Human Trafficking in Human Beings is carrying out various activities to raise awareness among employers in particular when recruiting foreign workers and when subcontracting. It also notes the adoption of the Action Plan to Combat Trafficking in Human Beings (2023–24) as well as the adoption of the Guidelines for labour inspectors to identify victims of trafficking in human beings. The Committee also notes the indication that the Ministry of the Interior has concluded four protocols to prevent and address human trafficking (with the Republic of Montenegro, the Republic of North Macedonia, the Republic of Serbia, and the Republic of Bosnia and Herzegovina), and that the Government of Slovenia cooperates with other States in the framework of the European multidisciplinary platform against criminal threats. The Committee further notes the information provided on the investigations conducted by the police, the State Prosecution Offices, and the labour inspectorates on cases of human trafficking. It notes that in 2021 the police dealt with 42 criminal offences of human trafficking, involving 40 victims, and 18 perpetrators; and the States Prosecutors’ Office received three criminal complaints for human trafficking, against 12 individuals and two legal entities. Finally, the Committee notes that in 2023 the Group of Experts on Action against Trafficking in Human Being (GRETA) of the Council of Europe issued its third evaluation report on Slovenia, in which it commended the steps taken by the country since the second evaluation, while urging the authorities to take additional steps to prevent and combat trafficking for the purpose of labour exploitation. The Committee therefore requests the Government to provide information on the measures taken: (i) in response to GRETA’s conclusions listed in its 3rd evaluation report; and (ii) to raise awareness on, prevent, and sanction human trafficking for the purpose of labour exploitation.

Article 9(3). Costs of expulsion. The Committee notes with regrets that section 84 of the Aliens Act (ZTuj-2) remains unchanged as it requires that foreigners be obliged to bear their own costs of expulsion contrary to the requirement of the Convention and that no information is provided on the holding of a broad discussion with all the interested stakeholders on the subject of amending section 84, as indicated in its previous report. The Committee therefore once again requests the Government to take steps to amend section 84 of the Aliens Act (ZTuj-2)so as to ensure that migrant workers and their families do not bear the actual costs of their return.

Articles 10 and 12. National policy on non-discrimination and equality and measures for the integration of migrant workers in society. The Government indicates that foreigners who have validly concluded an employment contract benefit from the same protection as nationals, which includes the protection against discrimination provided for under the Labour Relationship Act (ZDR-1) and the Protection Against Discrimination Act (ZVarD). The Government also indicates that the Council for the Integration of Foreigners undertook a number of projects to facilitate the integration of non-EU members, such as: (1) the development and distribution of a multilingual guide on healthcare; (2) providing and updating information on the legislation on the website of the Ministry of the Interior; and (3) developing programs to enhance social inclusion and skills acquisition to facilitate entry into the labour market. The Committee notes that the competences of the Council for the Integration of Aliens were transferred to the Government Office for the Support and Integration of Migrants. The Committee requests the Government to ensure that the Employment Relationship Act (ZDR-1) and theProtection Against Discrimination Act (ZVarD) apply to migrant workers in practice, to be in the position to assess whether migrant workers lawfully in the country, benefit effectively from a treatment equal to those of nationals, in relation with matters covered by the Convention. Please also refer to the Committee’s comments under Article 6 of the Migration for Employment Convention (Revised), 1949 (No. 97). The Committee further requests information on the activities of the Government Office for the Support and Integration of Migrants to promote the principle of equality of treatment for migrant workers and their families, as well as information on the measures adopted to cooperate with employers’ and workers’ organizations on this matter.

Article 14(a). Free choice of employment. The Committee recalls that now, under section 37 of the Employment, Self-employment and Work of Aliens Act, No. 47/2015 (ZZSDT), a third-country national (non-EU citizen) is allowed, during the period of validity of its single permit, to change jobs within the same employer, to change employers, and to take up employment with two or more employers on the basis of the written authorization of the competent authority (Employment Service) and therefore not in a position of dependency. The Committee notes the statistical data communicated by the Government showing that 2,487 requests for changes of employers were approved in 2019, 3,002 in 2020, 2,818 in 2021, and 1,433 for the first seven months of 2022. Recalling that the maximum period to restrict the free choice of employment authorized under Article 14(a) of the Convention is two years (General Survey of 2016, paragraph 359), the Committee asks the Government to specify the length of the restrictions imposed on migrant workers to access and change freely employment.

Enforcement. Equality and human rights bodies. The Committee takes note of the information provided by the Government regarding the activities of the Advocate of the Principle of Equality, showing that during the reporting period, it has been solicited in a series of situations related to discrimination on the basis of nationality, in areas such as employment (one case in 2018), access to childcare (one case in 2019), access to healthcare (one case in 2022), access to bank services (three cases in 2020, one case in 2021, one case in 2022), right to family reunification (one case in 2019), and access to social benefits to mitigate the adverse consequences of the epidemic of COVID-19 (collective case initiated in 2020). The Committee also takes note of the indication that the Advocate of the Principle of Equality acts proactively to provide information to foreign workers. For instance, this body produced and distributed written information on access to banking services, an area where migrant workers often face difficulties in practice with a negative impact on their capacity to receive the payment of their wages. This information was distributed through the Government Office for the Support and Integration of Migrants, non-governmental organizations (NGOs), and social work centres. More generally, the Advocate of the Principle of Equality collaborates regularly with other relevant entities engaged in the implementation of migrant workers’ rights, such as NGOs, trade unions and employers and conducts research on key issues, such as the ongoing targeted research project on “Reducing and elimination discrimination based on ethnic origin, ‘race’, and/or religion.” The Committee also takes note of the detailed information provided on the activities of the Human Rights Ombudsman, competent in all matters related to the liability of governmental bodies, including matters relating to employment relationships in the private sectors. The Human Rights Ombudsman estimates that it has dealt with approximatively ten initiatives related to the protection of migrant workers in the reporting period. The Committee notes the Government’s indication that one of the concerns expressed by the Human Rights Ombudsman in the recent years is the shortage of labour inspectors, which is detrimental to the human rights of both national and foreign workers. In response to these concerns, the Government approved the recruitment of ten additional staff members for 2021 and 2022. The Committee asks the Government to continue to provide information on the activities of the equality and human rights bodies with regard to matters covered by the Convention. It also refers to its comments under Articles 10 and 12 of the Convention and Article 6 of the Migration for Employment Convention (Revised), 1949 (No. 97), on the importance of monitoring effectively the application of the Employment Relationship Act (ZDR-1) and of theProtection Against Discrimination Act (ZVarD) to migrant workers.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2–6 of the Convention. Measures to address illegal employment of migrants and irregular migration. Previously the Committee requested the Government to provide information on the sanctions and measures against employers provided under the amendments to the Prevention of Undeclared Work and Employment Act adopted in 2014. In its report, the Government declares that: (i) the illegal employment of third-country nationals continues to pose a challenge for the Government; (ii) the Council for the Integration of Aliens is active in the areas of the detection, prevention and sanctioning of undeclared employment and work of aliens; and (iii) the national authority to control undeclared employment was transferred to the Financial Administration (FURS) in August 2014. Within this context, the Committee notes the detailed information provided by the Government on the inspections carried out, the violations found, the offence procedures undertaken, the sanctions and fines imposed on employers (and workers), and warning notices issued concerning infringements of the Prevention of Undeclared Work and Employment Act, 2014. The Committee further notes that employers who have been found to have committed the offence of illegal employment of third-party nationals are entered on a list of employers who are excluded from public procurement procedures or have lost their right to public funds, including EU funds. In this regard, 27 employers were entered on this list for having committed the offence of illegal employment in 2016. The Committee notes that according to a Factsheet on undeclared work in Slovenia published by the European Commission in 2017, the transfer of major responsibility for identifying and preventing undeclared work to the FURS enabled utilization of seven FURS’s mobile units in identifying and preventing undeclared work and undeclared employment, increasing the effectiveness of the inspections and control in the field, through improved cooperation between the different authorities responsible for identifying, tackling and preventing undeclared work.Noting that the aim of the Convention is to protect migrants in an irregular or illegal situation from exploitation by employers, the Committee asks the Government to continue to supply information on the sanctions and measures taken against employers who violate the Prevention of Undeclared Work and Employment Act 2014 and the results achieved in the overall reduction of illegal employment. Please also provide information on the recommendations issued and the activities carried out by the Council for the Integration of Aliens, in regard to the detection, prevention and reduction of abuse in the labour market concerning undeclared employment and work of foreigners.

In its previous comment, the Committee requested information on the proposal to amend the Criminal Code with respect to the organization of irregular migration and on the measures being taken to address the increase in unauthorized stays and organized migration by means of deception, including anti-trafficking, and information on prosecutions and sanctions imposed. The Committee notes that section 308 of the Criminal Code was amended in 2017 to make the prohibited transfer or crossing of the state border by one or several aliens or enabling their illegal stay in the territory of the State, a criminal offence, which is punishable by up to five years imprisonment and by a fine. The Committee notes the detailed information provided by the Government on the criminal proceedings conducted, the convictions and the sentences imposed. The Committee also notes that under the International Protection Act No 16/17, victims of trafficking in human beings are identified as vulnerable persons with special reception needs. It further welcomes the activities carried out within the framework of the Action Plan for Combating Trafficking in Human Beings for the 2015–16 period.Underscoring the importance of not re-victimizing victims of trafficking, the Committee asks for information on the criminal sanctions and measures taken against persons facilitating trafficking in human beings. Please provide information on the activities undertaken in the framework of the more recent Action Plans for Combating Trafficking in Human Beings and the results of these activities. Please also provide information on any training and awareness-raising activities undertaken to improve detection, investigation and prosecution of traffickers in human beings and assistance provided to victims for their protection.

Article 8(1). Legal status in the case of loss of employment. The Committee notes the information provided by the Government in response to its previous direct request confirming that, according to section 56(2) of the Aliens Act, aliens’ valid temporary residence permits are not revoked provided that: (i) their employment or work is not terminated by their own will or through their own fault; and (ii) the aliens concerned must be entitled to unemployment insurance rights pursuant to the provisions of the act regulating the labour market.

Article 9(3). Costs of expulsion. The Committee recalls its previous comment expressing regret that section 84(1) and (2) of the Aliens Act had not been amended to bring the obligation of foreigners to bear the costs of expulsion into conformity with the requirements of the Convention. The Committee notes the Government’s indication that it is well aware of the concerns over the appropriateness of the provisions of section 84, and that it favours holding a broad discussion on amending the legislation with all interested stakeholders. The Committee must again note with regret that no action has yet been taken to amend section 84 relating to foreigners bearing the costs of expulsion.The Committee asks the Government once again to amend section 84 of the Aliens Act so as to ensure that when a migrant worker is in an irregular situation for reasons that cannot be attributed to him or her, the costs of return, as well as the return of the family, including the transport costs, shall not fall upon him or her; and if the migrant worker is in an irregular situation for reasons that can be attributed to him or her, the costs of expulsion do not fall upon the migrant.

Articles 10 and 12. National policy on non-discrimination and equality and measures for the integration of migrant workers in society. With reference to its previous request for information on measure to address racism and promote tolerance, the Committee notes with interest the adoption of the Protection Against Discrimination Act, 2016, which replaced and updated the Implementation of the Principle of Equal Treatment Act, 2004. The new Act provides protection against discrimination based on any personal circumstance including nationality, sex, race or ethnic origin, religion or belief, and social status, in areas of social life including work and employment, education, training, access to goods and services, social protection and social benefits. It further notes that section 10 of the Act prohibits inciting discrimination including delivering or disseminating racist, religious, national and sexually discriminatory appeals, inducing, abetting or inciting hatred and discrimination and broader public haranguing which promotes discrimination; and that section 12 addresses severe forms of discrimination including discrimination motivated by hatred or contempt for people with certain personal characteristics. The Committee welcomes the provision of Slovenian language courses to third-country nationals immediately upon their arrival in Slovenia and the significant number of certificates issued for the fulfilment of the requirements of these programmes provided pursuant to the amended 2012 Decree on ways and the scope of providing programmes of support for the integration of non-European nationals. The Committee also notes that within the framework of the National Programme for Equal Opportunities for Men and Women 2015–2020, migrant women are targeted in specific programmes to increase their social inclusion and reduce their risk of poverty. It further notes from the 2019 Report of the United Nations Special Rapporteur on minority issues (A/HRC/40/64/Add.1, paragraph 26) that a growing number of activities, campaigns and efforts were undertaken aimed at assisting adaptation and integration of migrants, asylum seekers and refugees and at dispelling negative stereotypes following the massive migration influx into the country in 2015 and the ensuring reactions.Noting that no specific policy on equality for migrants with nationals exists, the Committee asks the Government to provide information on the manner in which the Protection Against Discrimination Act (2016) and other programmes and measures have been implemented to promote equality of opportunity and treatment for migrant workers lawfully in the country with nationals in respect to the matters set out in Article 10, including the results achieved in relation to addressing racism and promoting tolerance and the integration of migrant workers, particularly non-European nationals. The Committee also asks the Government to continue to provide information on the programmes implemented under the amended 2012 Decree on ways and the scope of providing programmes of support for the integration of non-European nationals. Please also continue to provide information on the activities carried out by the Council for the Integration of Aliens with respect to migrant workers lawfully in the country.

Agreement between the Republic of Slovenia and Bosnia Herzegovina on Employing Citizens from Bosnia and Herzegovina in the Republic of Slovenia. In its previous comment, the Committee requested the Government to clarify the impact of an absence of six months or more from the Slovenian territory provided by the Agreement in terms of rights, when the migrant worker returns to Slovenia to take up a new temporary employment under the Agreement. The committee notes that the six-month break in residence of citizens of Bosnia and Herzegovina following the termination of their employment in the Republic of Slovenia does not in any way affect their opportunities for taking up new temporary employment in the Republic of Slovenia.

Article 14(a). Free choice of employment. The Committee refers the Government to its comments on free choice of employment under Article 6 of the Migration for Employment Convention (Revised), 1949 (No. 97).

Enforcement. Equality and human rights bodies. Previously, the Committee asked the Government to provide information on the measures taken to improve the access of migrant workers to enforcement mechanisms, including the Advocate of the Principle of Equality, obtain remedies, and reduce under-reporting of discrimination cases. The Committee notes the information communicated by the Government concerning the Advocate of the Principle of Equality who carries out inspections, provides independent assistance to victims of discrimination in asserting their rights (counselling and legal assistance for clients in administrative and judicial proceedings) and participates in judicial proceedings relating to discrimination. The Committee notes that, in 2016, the Advocate of the Principle of Equality received four initiatives concerning discrimination. Three have already been examined and discrimination was found and one case is still pending. From the information provided, the Committee is not in a position to determine if these four cases concerned discrimination against migrant workers.The Committee asks the Government to provide information on the application in practice of the Protection Against Discrimination Act with respect to migrate workers, including any investigations or cases handled by the office of the Advocate or any cases brought to the court and the outcome of these cases. The Committee also requests the Government to provide any information on the activities and cases handled by the Human Rights Ombudsman concerning migrant workers.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2–6 of the Convention. Measures to address illegal employment of migrants and irregular migration. Previously the Committee requested the Government to provide information on the sanctions and measures against employers provided under the amendments to the Prevention of Undeclared Work and Employment Act adopted in 2014. In its report, the Government declares that: (i) the illegal employment of third-country nationals continues to pose a challenge for the Government; (ii) the Council for the Integration of Aliens is active in the areas of the detection, prevention and sanctioning of undeclared employment and work of aliens; and (iii) the national authority to control undeclared employment was transferred to the Financial Administration (FURS) in August 2014. Within this context, the Committee notes the detailed information provided by the Government on the inspections carried out, the violations found, the offence procedures undertaken, the sanctions and fines imposed on employers (and workers), and warning notices issued concerning infringements of the Prevention of Undeclared Work and Employment Act, 2014. The Committee further notes that employers who have been found to have committed the offence of illegal employment of third-party nationals are entered on a list of employers who are excluded from public procurement procedures or have lost their right to public funds, including EU funds. In this regard, 27 employers were entered on this list for having committed the offence of illegal employment in 2016. The Committee notes that according to a Factsheet on undeclared work in Slovenia published by the European Commission in 2017, the transfer of major responsibility for identifying and preventing undeclared work to the FURS enabled utilization of seven FURS’s mobile units in identifying and preventing undeclared work and undeclared employment, increasing the effectiveness of the inspections and control in the field, through improved cooperation between the different authorities responsible for identifying, tackling and preventing undeclared work. Noting that the aim of the Convention is to protect migrants in an irregular or illegal situation from exploitation by employers, the Committee asks the Government to continue to supply information on the sanctions and measures taken against employers who violate the Prevention of Undeclared Work and Employment Act 2014 and the results achieved in the overall reduction of illegal employment. Please also provide information on the recommendations issued and the activities carried out by the Council for the Integration of Aliens, in regard to the detection, prevention and reduction of abuse in the labour market concerning undeclared employment and work of foreigners.

In its previous comment, the Committee requested information on the proposal to amend the Criminal Code with respect to the organization of irregular migration and on the measures being taken to address the increase in unauthorized stays and organized migration by means of deception, including anti-trafficking, and information on prosecutions and sanctions imposed. The Committee notes that section 308 of the Criminal Code was amended in 2017 to make the prohibited transfer or crossing of the state border by one or several aliens or enabling their illegal stay in the territory of the State, a criminal offence, which is punishable by up to five years imprisonment and by a fine. The Committee notes the detailed information provided by the Government on the criminal proceedings conducted, the convictions and the sentences imposed. The Committee also notes that under the International Protection Act No 16/17, victims of trafficking in human beings are identified as vulnerable persons with special reception needs. It further welcomes the activities carried out within the framework of the Action Plan for Combating Trafficking in Human Beings for the 2015–16 period. Underscoring the importance of not re-victimizing victims of trafficking, the Committee asks for information on the criminal sanctions and measures taken against persons facilitating trafficking in human beings. Please provide information on the activities undertaken in the framework of the more recent Action Plans for Combating Trafficking in Human Beings and the results of these activities. Please also provide information on any training and awareness-raising activities undertaken to improve detection, investigation and prosecution of traffickers in human beings and assistance provided to victims for their protection.

Article 8(1). Legal status in the case of loss of employment. The Committee notes the information provided by the Government in response to its previous direct request confirming that, according to section 56(2) of the Aliens Act, aliens’ valid temporary residence permits are not revoked provided that: (i) their employment or work is not terminated by their own will or through their own fault; and (ii) the aliens concerned must be entitled to unemployment insurance rights pursuant to the provisions of the act regulating the labour market.

Article 9(3). Costs of expulsion. The Committee recalls its previous comment expressing regret that section 84(1) and (2) of the Aliens Act had not been amended to bring the obligation of foreigners to bear the costs of expulsion into conformity with the requirements of the Convention. The Committee notes the Government’s indication that it is well aware of the concerns over the appropriateness of the provisions of section 84, and that it favours holding a broad discussion on amending the legislation with all interested stakeholders. The Committee must again note with regret that no action has yet been taken to amend section 84 relating to foreigners bearing the costs of expulsion. The Committee asks the Government once again to amend section 84 of the Aliens Act so as to ensure that when a migrant worker is in an irregular situation for reasons that cannot be attributed to him or her, the costs of return, as well as the return of the family, including the transport costs, shall not fall upon him or her; and if the migrant worker is in an irregular situation for reasons that can be attributed to him or her, the costs of expulsion do not fall upon the migrant.

Articles 10 and 12. National policy on non-discrimination and equality and measures for the integration of migrant workers in society. With reference to its previous request for information on measure to address racism and promote tolerance, the Committee notes with interest the adoption of the Protection Against Discrimination Act, 2016, which replaced and updated the Implementation of the Principle of Equal Treatment Act, 2004. The new Act provides protection against discrimination based on any personal circumstance including nationality, sex, race or ethnic origin, religion or belief, and social status, in areas of social life including work and employment, education, training, access to goods and services, social protection and social benefits. It further notes that section 10 of the Act prohibits inciting discrimination including delivering or disseminating racist, religious, national and sexually discriminatory appeals, inducing, abetting or inciting hatred and discrimination and broader public haranguing which promotes discrimination; and that section 12 addresses severe forms of discrimination including discrimination motivated by hatred or contempt for people with certain personal characteristics. The Committee welcomes the provision of Slovenian language courses to third-country nationals immediately upon their arrival in Slovenia and the significant number of certificates issued for the fulfilment of the requirements of these programmes provided pursuant to the amended 2012 Decree on ways and the scope of providing programmes of support for the integration of non-European nationals. The Committee also notes that within the framework of the National Programme for Equal Opportunities for Men and Women 2015–2020, migrant women are targeted in specific programmes to increase their social inclusion and reduce their risk of poverty. It further notes from the 2019 Report of the United Nations Special Rapporteur on minority issues (A/HRC/40/64/Add.1, paragraph 26) that a growing number of activities, campaigns and efforts were undertaken aimed at assisting adaptation and integration of migrants, asylum seekers and refugees and at dispelling negative stereotypes following the massive migration influx into the country in 2015 and the ensuring reactions. Noting that no specific policy on equality for migrants with nationals exists, the Committee asks the Government to provide information on the manner in which the Protection Against Discrimination Act (2016) and other programmes and measures have been implemented to promote equality of opportunity and treatment for migrant workers lawfully in the country with nationals in respect to the matters set out in Article 10, including the results achieved in relation to addressing racism and promoting tolerance and the integration of migrant workers, particularly non-European nationals. The Committee also asks the Government to continue to provide information on the programmes implemented under the amended 2012 Decree on ways and the scope of providing programmes of support for the integration of non-European nationals. Please also continue to provide information on the activities carried out by the Council for the Integration of Aliens with respect to migrant workers lawfully in the country.

Agreement between the Republic of Slovenia and Bosnia Herzegovina on Employing Citizens from Bosnia and Herzegovina in the Republic of Slovenia. In its previous comment, the Committee requested the Government to clarify the impact of an absence of six months or more from the Slovenian territory provided by the Agreement in terms of rights, when the migrant worker returns to Slovenia to take up a new temporary employment under the Agreement. The committee notes that the six-month break in residence of citizens of Bosnia and Herzegovina following the termination of their employment in the Republic of Slovenia does not in any way affect their opportunities for taking up new temporary employment in the Republic of Slovenia.

Article 14(a). Free choice of employment. The Committee refers the Government to its comments on free choice of employment under Article 6 of the Migration for Employment Convention (Revised), 1949 (No. 97).

Enforcement. Equality and human rights bodies. Previously, the Committee asked the Government to provide information on the measures taken to improve the access of migrant workers to enforcement mechanisms, including the Advocate of the Principle of Equality, obtain remedies, and reduce under-reporting of discrimination cases. The Committee notes the information communicated by the Government concerning the Advocate of the Principle of Equality who carries out inspections, provides independent assistance to victims of discrimination in asserting their rights (counselling and legal assistance for clients in administrative and judicial proceedings) and participates in judicial proceedings relating to discrimination. The Committee notes that, in 2016, the Advocate of the Principle of Equality received four initiatives concerning discrimination. Three have already been examined and discrimination was found and one case is still pending. From the information provided, the Committee is not in a position to determine if these four cases concerned discrimination against migrant workers. The Committee asks the Government to provide information on the application in practice of the Protection Against Discrimination Act with respect to migrate workers, including any investigations or cases handled by the office of the Advocate or any cases brought to the court and the outcome of these cases. The Committee also requests the Government to provide any information on the activities and cases handled by the Human Rights Ombudsman concerning migrant workers.

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

Articles 2–6 of the Convention. Measures to address illegal employment of migrants and irregular migration. Previously the Committee requested the Government to provide information on the sanctions and measures against employers provided under the amendments to the Prevention of Undeclared Work and Employment Act adopted in 2014. In its report, the Government declares that: (i) the illegal employment of third-country nationals continues to pose a challenge for the Government; (ii) the Council for the Integration of Aliens is active in the areas of the detection, prevention and sanctioning of undeclared employment and work of aliens; and (iii) the national authority to control undeclared employment was transferred to the Financial Administration (FURS) in August 2014. Within this context, the Committee notes the detailed information provided by the Government on the inspections carried out, the violations found, the offence procedures undertaken, the sanctions and fines imposed on employers (and workers), and warning notices issued concerning infringements of the Prevention of Undeclared Work and Employment Act, 2014. The Committee further notes that employers who have been found to have committed the offence of illegal employment of third-party nationals are entered on a list of employers who are excluded from public procurement procedures or have lost their right to public funds, including EU funds. In this regard, 27 employers were entered on this list for having committed the offence of illegal employment in 2016. The Committee notes that according to a Factsheet on undeclared work in Slovenia published by the European Commission in 2017, the transfer of major responsibility for identifying and preventing undeclared work to the FURS enabled utilization of seven FURS’s mobile units in identifying and preventing undeclared work and undeclared employment, increasing the effectiveness of the inspections and control in the field, through improved cooperation between the different authorities responsible for identifying, tackling and preventing undeclared work. Noting that the aim of the Convention is to protect migrants in an irregular or illegal situation from exploitation by employers, the Committee asks the Government to continue to supply information on the sanctions and measures taken against employers who violate the Prevention of Undeclared Work and Employment Act 2014 and the results achieved in the overall reduction of illegal employment. Please also provide information on the recommendations issued and the activities carried out by the Council for the Integration of Aliens, in regard to the detection, prevention and reduction of abuse in the labour market concerning undeclared employment and work of foreigners.

In its previous comment, the Committee requested information on the proposal to amend the Criminal Code with respect to the organization of irregular migration and on the measures being taken to address the increase in unauthorized stays and organized migration by means of deception, including anti-trafficking, and information on prosecutions and sanctions imposed. The Committee notes that section 308 of the Criminal Code was amended in 2017 to make the prohibited transfer or crossing of the state border by one or several aliens or enabling their illegal stay in the territory of the State, a criminal offence, which is punishable by up to five years imprisonment and by a fine. The Committee notes the detailed information provided by the Government on the criminal proceedings conducted, the convictions and the sentences imposed. The Committee also notes that under the International Protection Act No 16/17, victims of trafficking in human beings are identified as vulnerable persons with special reception needs. It further welcomes the activities carried out within the framework of the Action Plan for Combating Trafficking in Human Beings for the 2015–16 period. Underscoring the importance of not re-victimizing victims of trafficking, the Committee asks for information on the criminal sanctions and measures taken against persons facilitating trafficking in human beings. Please provide information on the activities undertaken in the framework of the more recent Action Plans for Combating Trafficking in Human Beings and the results of these activities. Please also provide information on any training and awareness-raising activities undertaken to improve detection, investigation and prosecution of traffickers in human beings and assistance provided to victims for their protection.

Article 8(1). Legal status in the case of loss of employment. The Committee notes the information provided by the Government in response to its previous direct request confirming that, according to section 56(2) of the Aliens Act, aliens’ valid temporary residence permits are not revoked provided that: (i) their employment or work is not terminated by their own will or through their own fault; and (ii) the aliens concerned must be entitled to unemployment insurance rights pursuant to the provisions of the act regulating the labour market.

Article 9(3). Costs of expulsion. The Committee recalls its previous comment expressing regret that section 84(1) and (2) of the Aliens Act had not been amended to bring the obligation of foreigners to bear the costs of expulsion into conformity with the requirements of the Convention. The Committee notes the Government’s indication that it is well aware of the concerns over the appropriateness of the provisions of section 84, and that it favours holding a broad discussion on amending the legislation with all interested stakeholders. The Committee must again note with regret that no action has yet been taken to amend section 84 relating to foreigners bearing the costs of expulsion. The Committee asks the Government once again to amend section 84 of the Aliens Act so as to ensure that when a migrant worker is in an irregular situation for reasons that cannot be attributed to him or her, the costs of return, as well as the return of the family, including the transport costs, shall not fall upon him or her; and if the migrant worker is in an irregular situation for reasons that can be attributed to him or her, the costs of expulsion do not fall upon the migrant.

Articles 10 and 12. National policy on non-discrimination and equality and measures for the integration of migrant workers in society. With reference to its previous request for information on measure to address racism and promote tolerance, the Committee notes with interest the adoption of the Protection Against Discrimination Act, 2016, which replaced and updated the Implementation of the Principle of Equal Treatment Act, 2004. The new Act provides protection against discrimination based on any personal circumstance including nationality, sex, race or ethnic origin, religion or belief, and social status, in areas of social life including work and employment, education, training, access to goods and services, social protection and social benefits. It further notes that section 10 of the Act prohibits inciting discrimination including delivering or disseminating racist, religious, national and sexually discriminatory appeals, inducing, abetting or inciting hatred and discrimination and broader public haranguing which promotes discrimination; and that section 12 addresses severe forms of discrimination including discrimination motivated by hatred or contempt for people with certain personal characteristics. The Committee welcomes the provision of Slovenian language courses to third-country nationals immediately upon their arrival in Slovenia and the significant number of certificates issued for the fulfilment of the requirements of these programmes provided pursuant to the amended 2012 Decree on ways and the scope of providing programmes of support for the integration of non-European nationals. The Committee also notes that within the framework of the National Programme for Equal Opportunities for Men and Women 2015–2020, migrant women are targeted in specific programmes to increase their social inclusion and reduce their risk of poverty. It further notes from the 2019 Report of the United Nations Special Rapporteur on minority issues (A/HRC/40/64/Add.1, paragraph 26) that a growing number of activities, campaigns and efforts were undertaken aimed at assisting adaptation and integration of migrants, asylum seekers and refugees and at dispelling negative stereotypes following the massive migration influx into the country in 2015 and the ensuring reactions. Noting that no specific policy on equality for migrants with nationals exists, the Committee asks the Government to provide information on the manner in which the Protection Against Discrimination Act (2016) and other programmes and measures have been implemented to promote equality of opportunity and treatment for migrant workers lawfully in the country with nationals in respect to the matters set out in Article 10, including the results achieved in relation to addressing racism and promoting tolerance and the integration of migrant workers, particularly non-European nationals. The Committee also asks the Government to continue to provide information on the programmes implemented under the amended 2012 Decree on ways and the scope of providing programmes of support for the integration of non-European nationals. Please also continue to provide information on the activities carried out by the Council for the Integration of Aliens with respect to migrant workers lawfully in the country.

Agreement between the Republic of Slovenia and Bosnia Herzegovina on Employing Citizens from Bosnia and Herzegovina in the Republic of Slovenia. In its previous comment, the Committee requested the Government to clarify the impact of an absence of six months or more from the Slovenian territory provided by the Agreement in terms of rights, when the migrant worker returns to Slovenia to take up a new temporary employment under the Agreement. The committee notes that the six-month break in residence of citizens of Bosnia and Herzegovina following the termination of their employment in the Republic of Slovenia does not in any way affect their opportunities for taking up new temporary employment in the Republic of Slovenia.

Article 14(a). Free choice of employment. The Committee refers the Government to its comments on free choice of employment under Article 6 of the Migration for Employment Convention (Revised), 1949 (No. 97).

Enforcement. Equality and human rights bodies. Previously, the Committee asked the Government to provide information on the measures taken to improve the access of migrant workers to enforcement mechanisms, including the Advocate of the Principle of Equality, obtain remedies, and reduce under-reporting of discrimination cases. The Committee notes the information communicated by the Government concerning the Advocate of the Principle of Equality who carries out inspections, provides independent assistance to victims of discrimination in asserting their rights (counselling and legal assistance for clients in administrative and judicial proceedings) and participates in judicial proceedings relating to discrimination. The Committee notes that, in 2016, the Advocate of the Principle of Equality received four initiatives concerning discrimination. Three have already been examined and discrimination was found and one case is still pending. From the information provided, the Committee is not in a position to determine if these four cases concerned discrimination against migrant workers. The Committee asks the Government to provide information on the application in practice of the Protection Against Discrimination Act with respect to migrate workers, including any investigations or cases handled by the office of the Advocate or any cases brought to the court and the outcome of these cases. The Committee also requests the Government to provide any information on the activities and cases handled by the Human Rights Ombudsman concerning migrant workers.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Articles 2–6 of the Convention. Measures to address illegal employment of migrants and irregular migration. The Committee notes the information provided by the Government on the findings of the labour inspection services in 2010 and 2011 which show a decrease in the number of violations of the Employment and Work of Aliens Act (old and new Acts) and the Prevention of Undeclared Work and Employment Act (160 in 2011 and 224 in 2010, compared to 340 in 2009), as a result of the slowing down of activities in Slovenia, in particular in the construction sector. The Government indicates that, in 2011, more violations were detected through cooperation with administrative units and the employment service than through direct inspections further to the reporting of suspected violations. It further indicates that the Act amending the Prevention of Undeclared Work and Employment Act, which implements Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals, entered into force on 28 July 2012. The Committee understands that a new Bill on the Prevention of Undeclared Work and Employment was discussed within the Tripartite Economic and Social Council in August 2013. The Committee asks the Government to provide information on the sanctions and measures against employers provided under the amendments to the Prevention of Undeclared Work and Employment Act adopted in 2012 and 2014.

The Committee notes the Government’s indication that there has been a growing number of cases of labour exploitation in recent years, related to criminal offences in the area of economic and organized crime, as well as an increase in unauthorized stays and organized migration by means of deception. The number of criminal offences relating to employment relationships, social security and violations of fundamental rights of employees under section 196 of the Criminal Code rose from 425 in 2010 to 1,301 in 2011, and migrant workers suffer mainly from non-payment of wages or social contributions and non-payment of overtime. The Government further indicates that the number of criminal offences relating to border crossing, under section 308 of the Criminal Code, also increased in 2012. The Committee notes however that the Government does not provide information on the prosecution of, and sanctions imposed against, offenders. The Committee asks the Government to provide information on the proposal to amend the Criminal Code with respect to the organization of irregular migration, and on the status of the adoption of the amendment to the Code. It once again asks the Government to indicate the measures taken to suppress clandestine movements of migrants and against the organizers of such movements, including measures to allow prosecution of authors of labour trafficking whatever the country from which they operate and specific measures for systematic contact and exchange of information, whether under the Action Plan on Trafficking in Human Beings for 2010–11 or otherwise. The Committee once again asks the Government to provide information on the number of persons involved in labour trafficking who have been prosecuted under the relevant legislation, including information on whether they have been prosecuted regardless of the country they operate from, and the sanctions imposed.

Article 8(1). Legal status in the case of loss of employment. The Committee understands that the loss of employment has no effect on the residence status of a foreigner who has a personal work permit. The Committee notes that, in accordance with section 56(2) of the Aliens Act of 2011, a residence permit issued for the purpose of employment or other work shall not be annulled by virtue of an expired work permit during the first three months of the invalidity of this work permit if the foreigner’s employment which lasted at least one year was terminated involuntarily and the foreigner has been registered as a jobseeker. It also notes that, under the Labour Market Regulation Act, registration as a person seeking employment is possible for a foreigner with a personal work permit and a foreigner who is a citizen of a third country and who is entitled to cash benefits during unemployment. The Committee asks the Government to indicate which migrant workers are entitled to cash benefits during unemployment. It further asks the Government to clarify the legal status, in terms of residence, of third country nationals who lose their employment within the first year of their employment. Please also specify the number of foreigners who have been able to avail themselves of section 56(2) of the Aliens Act.

Article 9(3). Costs of expulsion. The Committee notes with regret that the Government did not seize the opportunity of the adoption in 2011 of the new Aliens Act to amend the provisions relating the costs of expulsion. Section 84(1) of the Aliens Act provides that foreigners who have their own funds shall be obliged to bear the costs of their sustenance and accommodation and the costs of deportation to the extent of their own funds. Pursuant to section 84(2), the foreigner shall be obliged to deposit his or her funds when accommodated at the Centre and may request a part of his or her deposited funds be reimbursed “in view of satisfying essential personal needs”. The Committee asks the Government to take the necessary measures to amend section 84 of the Aliens Act 2011 so as to ensure that when a migrant worker is in an irregular situation for reasons that cannot be attributed to him or her, the costs of return, as well as the return of family members, including transport costs, shall not fall upon him or her; and if the migrant worker is in an irregular situation for reasons which can be attributed to him or her, the costs of expulsion do not fall upon the migrant.

Articles 10 and 12. National policy on equality. The Committee notes the information provided by the Government on the implementation of the Equal in Diversity project, according to which awareness-raising activities on multiple discrimination and measures to combat harmful practices were carried out, and the website of the Advocate of the Principle of Equality, and related didactic material on non-discrimination introduced. The Committee welcomes the information provided by the Government concerning efforts made by the Advocate to foster the dissemination of essential information through the distribution of leaflets in various languages, and to improve its accessibility, including through a free telephone line for victims of discrimination. The Committee takes note of the views of the Advocate, transmitted by the Government with its report, which points out the lack of a comprehensive strategy for non-discrimination, including the absence of a policy against racism, the lack of an efficient system of protection in terms of access to procedures and remedies, and financial and organizational resources of the Advocate, and the absence of a system of assessing preventive measures. The Committee asks the Government to continue to provide information on the measures taken or envisaged to implement a national policy on equality of opportunity and treatment between migrant workers lawfully in the country and nationals with respect to the matters set out in Article 10, including specific measures to address racism and promote tolerance, and the results achieved.

The Committee notes the Government’s indication that the “Agreement between the Republic of Slovenia and Bosnia and Herzegovina on Employing Citizens from Bosnia and Herzegovina in the Republic of Slovenia”, which regulates the conditions and procedures of employment of citizens from Bosnia and Herzegovina, is not yet being implemented and that it is not discriminatory. While noting this statement, the Committee asks the Government to clarify the impact of an absence of six months or more from the Slovenian territory provided by the Agreement in terms of rights, when the migrant worker returns to Slovenia to take up a new temporary employment under the Agreement.

Measures for the integration of migrant workers in society. The Committee notes from the Government’s report that “the Council for the Integration of Aliens”, which makes recommendations to the Government, stated that more emphasis should be put on the systematic awareness raising of the majority of the population, but also of staff of relevant institutions such as the Employment Service, social work and medical centres and educational institutions, on intercultural dialogue, human rights of migrants and the importance of integration of foreigners in the society. It further emphasized that all possibilities for integration and spreading the relevant information for fast and successful integration should be researched. The Committee notes from the 2012 Migration Office Report, that the new Decree on ways and scope of providing programme support for integration of non-European Union nationals (Official Gazette No. 70/2012) to which the Committee previously referred, replaces the Decree on Aliens Integration and specifies the qualification requirements for free-of-charge language and societal programmes which immigrants can begin attending immediately after their arrival in the country. In 2012, a total of 1,548 certificates qualifying immigrants to engage in Slovenian language courses were issued. The report further indicates that the integration programmes target specific immigrant groups, such as parents with children at school or women. It also mentions a programme focusing on active integration of third-country nationals through Slovenian employers. Noting the efforts made by the Government with respect to the integration of migrant workers in society, the Committee asks the Government to provide information on the 2012 Decree on ways and scope of providing programme support for integration of non-European Union nationals, including conditions of access to the integration programmes in terms of residence requirements, and its implementation in practice. Please also provide specific information on the programme focusing on active integration of third country nationals through Slovenian employers and its impact in terms of employment of migrant workers. The Committee also asks the Government to provide information on any measures taken to follow up on the recommendations made by the Council for the Integration of Aliens and on any activities carried out by the Council with respect to migrant workers.

Article 14(a). Free choice of employment. In its previous comments, the Committee recalled that a foreigner with an employment permit, issued for a maximum of one year, continued to be tied to the employer to whom the permit was issued, whereas migrant workers with a personal work permit have free access to the labour market during the three-year validity period of such a permit. The Committee notes the Government’s indication that the main reason why migrant workers decide to acquire a National Vocational Qualification (NVQ) is to obtain a personal work permit and that foreigners are informed of this possibility through online information and at the INFO point for foreigners. The Committee asks the Government to clarify whether it is possible for third country nationals who are employed under employment permits and do not undertake the procedure to acquire an NVQ, to be employed beyond a period exceeding two years under an employment permit and, if so, if they are obliged to stay with the same employer. The Committee asks the Government to provide information on the number and country of origin of third-country nationals who have been able to obtain a personal work permit, per year, after acquiring an NVQ.

Enforcement. Equality body. The Committee notes the Advocate of the Principle of Equality’s views that, due to significant under-reporting, the overall number of discrimination cases reported to its office remains very low: since 2007, only 21 cases of racial/ethnic discrimination have been reported, and all were closed as in none of them was racial discrimination established. The Advocate also indicates that the low number of complaints may also reflect the general lack of trust from victims of discrimination in the ability of the authorities to provide them with effective protection. The Committee also asks the Government to provide information on the measures taken to improve access of migrant workers to enforcement mechanisms, including the Advocate of the Principle of Equality, and obtain remedies, and to reduce under-reporting of discrimination cases. The Committee asks the Government to continue to provide information on the enforcement of the equal treatment and non-discrimination legislation with respect to migrant workers, including any cases brought by migrant workers to the courts or to the office of the Advocate, and the outcome of these cases.

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

Articles 2–6 of the Convention. Measures to address illegal employment of migrants and irregular migration. The Committee notes the information provided by the Government on the findings of the labour inspection services in 2010 and 2011 which show a decrease in the number of violations of the Employment and Work of Aliens Act (old and new Acts) and the Prevention of Undeclared Work and Employment Act (160 in 2011 and 224 in 2010, compared to 340 in 2009), as a result of the slowing down of activities in Slovenia, in particular in the construction sector. The Government indicates that, in 2011, more violations were detected through cooperation with administrative units and the employment service than through direct inspections further to the reporting of suspected violations. It further indicates that the Act amending the Prevention of Undeclared Work and Employment Act 2012, which implements Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals, entered into force on 28 July 2012. The Committee understands that a new Bill on the Prevention of Undeclared Work and Employment was discussed within the Tripartite Economic and Social Council in August 2013. The Committee asks the Government to provide information on the sanctions and measures against employers provided under the Amendment to the Prevention of Undeclared Work and Employment Act adopted in 2012 and the status of adoption and the content of the new Bill on the Prevention of Undeclared Work and Employment.

The Committee notes the Government’s indication that there has been a growing number of cases of labour exploitation in recent years, related to criminal offences in the area of economic and organized crime, as well as an increase in unauthorized stays and organized migration by means of deception. The number of criminal offences relating to employment relationships, social security and violations of fundamental rights of employees under section 196 of the Criminal Code rose from 425 in 2010 to 1,301 in 2011, and migrant workers suffer mainly from non-payment of wages or social contributions and non-payment of overtime. The Government further indicates that the number of criminal offences relating to border crossing, under section 308 of the Criminal Code, also increased in 2012. The Committee notes however that the Government does not provide information on the prosecution of, and sanctions imposed against, offenders. The Committee asks the Government to provide information on the proposal to amend the Criminal Code with respect to the organization of irregular migration, and on the status of the adoption of the amendment to the Code. It once again asks the Government to indicate the measures taken to suppress clandestine movements of migrants and against the organizers of such movements, including measures to allow prosecution of authors of labour trafficking whatever the country from which they operate and specific measures for systematic contact and exchange of information, whether under the Action Plan on Trafficking in Human Beings for 2010–11 or otherwise. The Committee once again asks the Government to provide information on the number of persons involved in labour trafficking who have been prosecuted under the relevant legislation, including information on whether they have been prosecuted regardless of the country they operate from, and the sanctions imposed.

Article 8(1). Legal status in the case of loss of employment. The Committee understands that the loss of employment has no effect on the residence status of a foreigner who has a personal work permit. The Committee notes that, in accordance with section 56(2) of the Aliens Act of 2011, a residence permit issued for the purpose of employment or other work shall not be annulled by virtue of an expired work permit during the first three months of the invalidity of this work permit if the foreigner’s employment which lasted at least one year was terminated involuntarily and the foreigner has been registered as a jobseeker. It also notes that, under the Labour Market Regulation Act, registration as a person seeking employment is possible for a foreigner with a personal work permit and a foreigner who is a citizen of a third country and who is entitled to cash benefits during unemployment. The Committee asks the Government to indicate which migrant workers are entitled to cash benefits during unemployment. It further asks the Government to clarify the legal status, in terms of residence, of third country nationals who lose their employment within the first year of their employment. Please also specify the number of foreigners who have been able to avail themselves of section 56(2) of the Aliens Act.

Article 9(3). Costs of expulsion. The Committee notes with regret that the Government did not seize the opportunity of the adoption in 2011 of the new Aliens Act to amend the provisions relating the costs of expulsion. Section 84(1) of the Aliens Act provides that foreigners who have their own funds shall be obliged to bear the costs of their sustenance and accommodation and the costs of deportation to the extent of their own funds. Pursuant to section 84(2), the foreigner shall be obliged to deposit his or her funds when accommodated at the Centre and may request a part of his or her deposited funds be reimbursed “in view of satisfying essential personal needs”. The Committee asks the Government to take the necessary measures to amend section 84 of the Aliens Act 2011 so as to ensure that when a migrant worker is in an irregular situation for reasons that cannot be attributed to him or her, the costs of return, as well as the return of family members, including transport costs, shall not fall upon him or her; and if the migrant worker is in an irregular situation for reasons which can be attributed to him or her, the costs of expulsion do not fall upon the migrant.

Articles 10 and 12. National policy on equality. The Committee notes the information provided by the Government on the implementation of the Equal in Diversity project, according to which awareness-raising activities on multiple discrimination and measures to combat harmful practices were carried out, and the website of the Advocate of the Principle of Equality, and related didactic material on non-discrimination introduced. The Committee welcomes the information provided by the Government concerning efforts made by the Advocate to foster the dissemination of essential information through the distribution of leaflets in various languages, and to improve its accessibility, including through a free telephone line for victims of discrimination. The Committee takes note of the views of the Advocate, transmitted by the Government with its report, which points out the lack of a comprehensive strategy for non-discrimination, including the absence of a policy against racism, the lack of an efficient system of protection in terms of access to procedures and remedies, and financial and organizational resources of the Advocate, and the absence of a system of assessing preventive measures. The Committee asks the Government to continue to provide information on the measures taken or envisaged to implement a national policy on equality of opportunity and treatment between migrant workers lawfully in the country and nationals with respect to the matters set out in Article 10, including specific measures to address racism and promote tolerance, and the results achieved.

The Committee notes the Government’s indication that the “Agreement between the Republic of Slovenia and Bosnia and Herzegovina on Employing Citizens from Bosnia and Herzegovina in the Republic of Slovenia”, which regulates the conditions and procedures of employment of citizens from Bosnia and Herzegovina, is not yet being implemented and that it is not discriminatory. While noting this statement, the Committee asks the Government to clarify the impact of an absence of six months or more from the Slovenian territory provided by the Agreement in terms of rights, when the migrant worker returns to Slovenia to take up a new temporary employment under the Agreement.

Measures for the integration of migrant workers in society. The Committee notes from the Government’s report that “the Council for the Integration of Aliens”, which makes recommendations to the Government, stated that more emphasis should be put on the systematic awareness raising of the majority of the population, but also of staff of relevant institutions such as the Employment Service, social work and medical centres and educational institutions, on intercultural dialogue, human rights of migrants and the importance of integration of foreigners in the society. It further emphasized that all possibilities for integration and spreading the relevant information for fast and successful integration should be researched. The Committee notes from the 2012 Migration Office Report, that the new Decree on ways and scope of providing programme support for integration of non-European Union nationals (Official Gazette No. 70/2012) to which the Committee previously referred, replaces the Decree on Aliens Integration and specifies the qualification requirements for free-of-charge language and societal programmes which immigrants can begin attending immediately after their arrival in the country. In 2012, a total of 1,548 certificates qualifying immigrants to engage in Slovenian language courses were issued. The report further indicates that the integration programmes target specific immigrant groups, such as parents with children at school or women. It also mentions a programme focusing on active integration of third-country nationals through Slovenian employers. Noting the efforts made by the Government with respect to the integration of migrant workers in society, the Committee asks the Government to provide information on the 2012 Decree on ways and scope of providing programme support for integration of non-European Union nationals, including conditions of access to the integration programmes in terms of residence requirements, and its implementation in practice. Please also provide specific information on the programme focusing on active integration of third country nationals through Slovenian employers and its impact in terms of employment of migrant workers. The Committee also asks the Government to provide information on any measures taken to follow up on the recommendations made by the Council for the Integration of Aliens and on any activities carried out by the Council with respect to migrant workers.

Article 14(a). Free choice of employment. In its previous comments, the Committee recalled that a foreigner with an employment permit, issued for a maximum of one year, continued to be tied to the employer to whom the permit was issued, whereas migrant workers with a personal work permit have free access to the labour market during the three-year validity period of such a permit. The Committee notes the Government’s indication that the main reason why migrant workers decide to acquire a National Vocational Qualification (NVQ) is to obtain a personal work permit and that foreigners are informed of this possibility through online information and at the INFO point for foreigners. The Committee asks the Government to clarify whether it is possible for third country nationals who are employed under employment permits and do not undertake the procedure to acquire an NVQ, to be employed beyond a period exceeding two years under an employment permit and, if so, if they are obliged to stay with the same employer. The Committee asks the Government to provide information on the number and country of origin of third-country nationals who have been able to obtain a personal work permit, per year, after acquiring an NVQ.

Enforcement. Equality body. The Committee notes the Advocate of the Principle of Equality’s views that, due to significant under-reporting, the overall number of discrimination cases reported to its office remains very low: since 2007, only 21 cases of racial/ethnic discrimination have been reported, and all were closed as in none of them was racial discrimination established. The Advocate also indicates that the low number of complaints may also reflect the general lack of trust from victims of discrimination in the ability of the authorities to provide them with effective protection. The Committee also asks the Government to provide information on the measures taken to improve access of migrant workers to enforcement mechanisms, including the Advocate of the Principle of Equality, and obtain remedies, and to reduce under-reporting of discrimination cases. The Committee asks the Government to continue to provide information on the enforcement of the equal treatment and non-discrimination legislation with respect to migrant workers, including any cases brought by migrant workers to the courts or to the office of the Advocate, and the outcome of these cases.

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

The Committee notes the observations by the Association of Free Trade Unions of Slovenia (AFTUS) annexed to the Government’s report.

Articles 2 and 3 of the Convention. Measures to detect illegal employment of migrants and migration in irregular conditions. The Committee notes the information on the findings of the labour inspection services in 2009. The Committee notes that 340 violations (compared to 318 in 2008) were detected: 260 violations of the Employment and Work of Aliens Act and 80 violations of the Prevention of Illegal Work and Employment Act. The Government also indicates that inspectors stressed the importance of communication and information exchange with the authorities responsible for issuing work and residence permits. Inspectors also often observed employers deregistering workers from the insurance scheme without actually terminating the employment. The Committee also notes the information regarding violations pertaining to registration of work and return of work permits. Noting that the Government is transposing Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals, the Committee asks the Government to provide information on the status of adoption of the draft legislation, and to provide a copy of the relevant texts for further examination by the Committee.

Articles 3, 4, 5 and 6. Measures to detect migration in abusive conditions, including human trafficking. The Committee notes the adoption of the Action Plan of the Inter-ministerial Working Group (IWG) on Trafficking in Human Beings for 2010–11, which focuses on concrete prevention, through broad-based awareness raising and training, and more effective judicial proceedings placing emphasis on detection, investigation and prosecution of criminal acts related to trafficking of human beings. The Committee notes that AFTUS, referring to the 2009 annual report of the IWG (adopted in June 2010) indicates that despite an increase in human trafficking for the purposes of labour exploitation, an exceptionally low number of cases of trafficking in human beings are being detected and its stresses the role of employment agencies as central to this phenomenon. According to AFTUS, Slovenia is, besides a country of transit, also a country of destination for trafficking of persons into construction, seasonal work in agriculture, domestic work and begging, and it draws attention to legislative gaps, including the definition of exploitation and related difficulties regarding the burden of proof. Recalling that Articles 3, 4 and 5 of the Convention require States to adopt the necessary measures to suppress clandestine movements of migrants and against the organizers of such movements, including measures to allow prosecution of authors of labour trafficking whatever the country from which they operate and measures for systematic contact and exchange of information, the Committee asks Government to indicate the results achieved under the Action Plan on Trafficking in Human Beings for 2010–11 in this regard. The Committee asks the Government to provide information on the number of persons involved in labour trafficking who have been prosecuted under the relevant legislation, including an indication on whether they have been prosecuted regardless of the country they operate from, and on the number of detected cases of labour trafficking, prosecutions and sanctions.

Article 8(1). Non-return in case of loss of employment. The Committee recalls its previous requests for information on how it is ensured that a foreigner with a temporary residence permit and who does not meet the requirements of the Employment and Insurance Against Unemployment Act (No. 107/2006) shall not be regarded as an irregular worker by mere loss of his or her employment. The Committee notes that sections 30(1) and 40 of the Aliens Act 2007 appear to provide a basis for foreigners with an employment permit or permit for work to apply for a temporary residence permit if they can demonstrate well-founded reasons which justify their stay in the Republic of Slovenia for the period of time for which their presence in the country is indispensable, but for no longer than one year. The Committee asks the Government to provide information on the number of workers with a permit for employment or a work permit that have applied for temporary residence on the basis of sections 30(1) and 40 of the Aliens Act, due to loss of employment.

Article 9(3). Costs of expulsion. The Committee previously asked the Government to amend section 62(1) of the Aliens Act, pursuant to which foreigners who have their own funds shall be obliged to bear the costs of their sustenance and accommodation and the costs of deportation to the extent of their own funds, in conformity with the Convention. Noting that the Aliens Act is being amended, the Committee asks the Government to provide information on the progress made in its adoption and hopes that the Act will ensure that a migrant worker who is in an irregular situation for reasons that cannot be attributed to him or her, the costs of return, as well as the return of family members, including transport costs, shall not fall upon the migrant; and if the migrant worker is in an irregular situation for reasons which can be attributed to him or her, the costs of expulsion do not fall upon the migrants.

Articles 10 and 12. National policy on equality. The Committee further notes with interest the project on “Promoting employability, education and social integration of migrant workers and their families”, implemented by the Employment Institute. The main purpose of the project is to establish an “INFO point” which will enable operations in the area of preventing exploitation, discrimination and possible unemployment of migrants while at the same time providing better accessibility to new employment. With INFO point, the Employment Institute offers migrant workers consultations and services, as well as basic information on employment and residential issues, possibilities for vocational education and training for migrants and their families and assistance to migrants in administrative procedures (for employment, education and training). The Committee further notes the information on the Equality in Diversity Project carried out by the Office for Equal Opportunities which aims at raising awareness on multiple discrimination and combating discrimination based on a number of grounds, including nationality. The Committee asks the Government to continue to provide information on the measures taken or envisaged to implement a national policy on equality of opportunity and treatment between migrant workers lawfully in the country and nationals, and the results achieved. Please also provide specific information on the activities of INFO point and the Equality for Diversity Project in this regard.

The Committee notes that the Government recently concluded an “Agreement between the Republic of Slovenia and Bosnia and Herzegovina on Employing Citizens from Bosnia and Herzegovina in the Republic of Slovenia”, which regulates the conditions and procedures of employment of citizens from Bosnia and Herzegovina. Noting that AFTUS in its communication raises concerns about the discriminatory impact of the Agreement vis-à-vis workers from Bosnia and Herzegovina with regard to conditions of residence and related rights and benefits, the Committee asks the Government to provide a copy of the Agreement and information on its implementation, and to reply to the observations raised by AFTUS.

Enforcement. The Committee notes that according to the Office of the Advocate of the Principle of Equality, there is an increasing number of cases of discrimination regarding access to goods and services based on nationality and ethnicity, but that the majority of the alleged cases turned out to be unjustified as a consequence of insufficient awareness. So far, the Advocate has not yet dealt with cases of alleged unequal treatment of migrant workers. The Committee asks the Government to continue to provide information on the enforcement of the equal treatment and non-discrimination legislation with respect to migrant workers, including any cases brought by migrant workers to the courts or to the Office of the Advocate of the Principle of Equality, and the outcome of these cases.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes the observations by the Association of Free Trade Unions of Slovenia (AFTUS) annexed to the Government’s report.

Articles 10, 12(e) and 14(a). Free choice of employment. The Committee previously noted concerns expressed by AFTUS that under the work permit system established by the Employment and Work of Aliens Act (Acts Nos 66/00, 101/05 and 52/07) foreign workers issued with an employment permit did not have the free choice of employment until they met the conditions for obtaining a personal work permit. The Committee notes that the Employment and Work of Aliens Act was further amended in 2009 and 2011 (Acts 46/2009 and 26/2011) and that under the new legislation citizens from the European Union (EU), the European Economic Area (EEA) and Switzerland, as well as foreigners with a permanent residence permit have free access to the labour market. Third-country nationals with a “personal work permit” have free access to the labour market during the three-year validity period while a foreigner with an “employment permit”, issued for a maximum of one year, continues to be tied to the employer to whom the permit is issued (section 10(2) and (3)). The employment permit can be renewed or reissued for a period not exceeding one year (section 25(1)). The Committee further notes that pursuant to section 22(3) a foreign worker with vocational training or who has acquired a national professional qualification in Slovenia who, in the past 24 months has been employed for at least 20 months, can apply for a personal employment permit (section 22(4)). The Government indicates in this regard that the foreigner who does not meet the condition of having at least vocational education may be integrated into the procedure of acquiring a national vocational qualification. Section 30(1) allows for some flexibility for foreigners with higher education for whom an employment permit or permit for work has been issued, to be employed by two or more employers. Recalling that Article 14(a) of the Convention allows the State to make the free choice of employment subject to temporary restrictions during a prescribed period not exceeding two years, and that Article 10 provides for the adoption of a national policy on equality of opportunity and treatment including with respect to access to vocational education, the Committee asks the Government to indicate the measures taken or envisaged to inform foreign workers with employment permits or permits for work of the possibility of acquiring a national vocational qualification, and provide information on the number of workers that have participated in such training. The Government is also requested to provide information on the number of migrant workers without vocational training or a national vocational qualification who are working under employment permits for a period exceeding two years.

National equality policy and integration of migrant workers in society. The Committee previously noted the need for systematic measures aimed at the integration of migrant workers and their families in society. The Committee notes the Government’s indication that the Decree on Aliens Integration No. 65/2008 provides for integration programmes intended for third-country nationals residing in Slovenia with a permanent residency permit and their family members, and for third-country nationals who have been residing in Slovenia on the basis of a temporary residence permit for at least two years and whose permit is valid for at least one year, and for their family members. The Committee also notes that a draft Decree amending and supplementing the Decree on Aliens Integration of 23 July 2010 would allow for inclusion in integration programmes of all third country citizens residing in Slovenia on the basis of a residence permit issued for at least one year and third-country citizens who are family members of Slovenian citizens or EEA citizens residing in Slovenia on the basis of a residency permit, regardless of its duration. The Committee notes that the programmes cover Slovenian language courses and courses on Slovenian history, culture and constitutional arrangements, and that between November 2009 and the end of May 2010, 600 third-country nationals attended. The Government also indicates that programmes have included workshops going beyond intercultural differences and address reasons for and consequences of discrimination and xenophobia. The Committee notes the observations by AFTUS that an effective integration policy of migrants should be based on the earliest possible integration into suitable programmes of integration and social inclusion and that free participation into language programmes and learning about Slovenia culture, history and constitution should be provided to all foreigners, including those with a temporary residence permit for a period less than a year. The Committee further notes that an Alien Integration Council was created in 2008 with a view to a coordinated and effective implementation of the measures for integration of foreigners, but that according to AFTUS the Council does not fulfil its purpose. The Committee asks the Government to provide information on the status of the adoption of the draft Decree amending and supplementing the Decree on Aliens Integration of 23 July 2010, and to indicate whether any consideration is being given to the concerns raised by AFTUS regarding the free participation of all foreigners, including those with a residency permit of less than a year in programmes of integration and social inclusion. Please also provide information on the activities of the Alien Integration Council.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations by the Association of Free Trade Unions of Slovenia (AFTUS) annexed to the Government’s report.

Articles 2 and 3 of the Convention. Measures to detect illegal employment of migrants and migration in irregular conditions. The Committee notes the information on the findings of the labour inspection services in 2009. The Committee notes that 340 violations (compared to 318 in 2008) were detected: 260 violations of the Employment and Work of Aliens Act and 80 violations of the Prevention of Illegal Work and Employment Act. The Government also indicates that inspectors stressed the importance of communication and information exchange with the authorities responsible for issuing work and residence permits. Inspectors also often observed employers deregistering workers from the insurance scheme without actually terminating the employment. The Committee also notes the information regarding violations pertaining to registration of work and return of work permits. Noting that the Government is transposing Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals, the Committee asks the Government to provide information on the status of adoption of the draft legislation, and to provide a copy of the relevant texts for further examination by the Committee.

Articles 3, 4, 5 and 6. Measures to detect migration in abusive conditions, including human trafficking. The Committee notes the adoption of the Action Plan of the Inter-ministerial Working Group (IWG) on Trafficking in Human Beings for 2010–11, which focuses on concrete prevention, through broad-based awareness raising and training, and more effective judicial proceedings placing emphasis on detection, investigation and prosecution of criminal acts related to trafficking of human beings. The Committee notes that AFTUS, referring to the 2009 annual report of the IWG (adopted in June 2010) indicates that despite an increase in human trafficking for the purposes of labour exploitation, an exceptionally low number of cases of trafficking in human beings are being detected and its stresses the role of employment agencies as central to this phenomenon. According to AFTUS, Slovenia is, besides a country of transit, also a country of destination for trafficking of persons into construction, seasonal work in agriculture, domestic work and begging, and it draws attention to legislative gaps, including the definition of exploitation and related difficulties regarding the burden of proof. Recalling that Articles 3, 4 and 5 of the Convention require States to adopt the necessary measures to suppress clandestine movements of migrants and against the organizers of such movements, including measures to allow prosecution of authors of labour trafficking whatever the country from which they operate and measures for systematic contact and exchange of information, the Committee asks Government to indicate the results achieved under the Action Plan on Trafficking in Human Beings for 2010–11 in this regard. The Committee asks the Government to provide information on the number of persons involved in labour trafficking who have been prosecuted under the relevant legislation, including an indication on whether they have been prosecuted regardless of the country they operate from, and on the number of detected cases of labour trafficking, prosecutions and sanctions.

Article 8(1). Non-return in case of loss of employment. The Committee recalls its previous requests for information on how it is ensured that a foreigner with a temporary residence permit and who does not meet the requirements of the Employment and Insurance Against Unemployment Act (No. 107/2006) shall not be regarded as an irregular worker by mere loss of his or her employment. The Committee notes that sections 30(1) and 40 of the Aliens Act 2007 appear to provide a basis for foreigners with an employment permit or permit for work to apply for a temporary residence permit if they can demonstrate well-founded reasons which justify their stay in the Republic of Slovenia for the period of time for which their presence in the country is indispensable, but for no longer than one year. The Committee asks the Government to provide information on the number of workers with a permit for employment or a work permit that have applied for temporary residence on the basis of sections 30(1) and 40 of the Aliens Act, due to loss of employment.

Article 9(3). Costs of expulsion. The Committee previously asked the Government to amend section 62(1) of the Aliens Act, pursuant to which foreigners who have their own funds shall be obliged to bear the costs of their sustenance and accommodation and the costs of deportation to the extent of their own funds, in conformity with the Convention. Noting that the Aliens Act is being amended, the Committee asks the Government to provide information on the progress made in its adoption and hopes that the Act will ensure that a migrant worker who is in an irregular situation for reasons that cannot be attributed to him or her, the costs of return, as well as the return of family members, including transport costs, shall not fall upon the migrant; and if the migrant worker is in an irregular situation for reasons which can be attributed to him or her, the costs of expulsion do not fall upon the migrants.

Articles 10 and 12. National policy on equality. The Committee further notes with interest the project on “Promoting employability, education and social integration of migrant workers and their families”, implemented by the Employment Institute. The main purpose of the project is to establish an “INFO point” which will enable operations in the area of preventing exploitation, discrimination and possible unemployment of migrants while at the same time providing better accessibility to new employment. With INFO point, the Employment Institute offers migrant workers consultations and services, as well as basic information on employment and residential issues, possibilities for vocational education and training for migrants and their families and assistance to migrants in administrative procedures (for employment, education and training). The Committee further notes the information on the Equality in Diversity Project carried out by the Office for Equal Opportunities which aims at raising awareness on multiple discrimination and combating discrimination based on a number of grounds, including nationality. The Committee asks the Government to continue to provide information on the measures taken or envisaged to implement a national policy on equality of opportunity and treatment between migrant workers lawfully in the country and nationals, and the results achieved. Please also provide specific information on the activities of INFO point and the Equality for Diversity Project in this regard.

The Committee notes that the Government recently concluded an “Agreement between the Republic of Slovenia and Bosnia and Herzegovina on Employing Citizens from Bosnia and Herzegovina in the Republic of Slovenia”, which regulates the conditions and procedures of employment of citizens from Bosnia and Herzegovina. Noting that AFTUS in its communication raises concerns about the discriminatory impact of the Agreement vis-à-vis workers from Bosnia and Herzegovina with regard to conditions of residence and related rights and benefits, the Committee asks the Government to provide a copy of the Agreement and information on its implementation, and to reply to the observations raised by AFTUS.

Enforcement. The Committee notes that according to the Office of the Advocate of the Principle of Equality, there is an increasing number of cases of discrimination regarding access to goods and services based on nationality and ethnicity, but that the majority of the alleged cases turned out to be unjustified as a consequence of insufficient awareness. So far, the Advocate has not yet dealt with cases of alleged unequal treatment of migrant workers. The Committee asks the Government to continue to provide information on the enforcement of the equal treatment and non-discrimination legislation with respect to migrant workers, including any cases brought by migrant workers to the courts or to the Office of the Advocate of the Principle of Equality, and the outcome of these cases.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations by the Association of Free Trade Unions of Slovenia (AFTUS) annexed to the Government’s report.

Articles 10, 12(e) and 14(a). Free choice of employment. The Committee previously noted concerns expressed by AFTUS that under the work permit system established by the Employment and Work of Aliens Act (Acts Nos 66/00, 101/05 and 52/07) foreign workers issued with an employment permit did not have the free choice of employment until they met the conditions for obtaining a personal work permit. The Committee notes that the Employment and Work of Aliens Act was further amended in 2009 and 2011 (Acts 46/2009 and 26/2011) and that under the new legislation citizens from the European Union (EU), the European Economic Area (EEA) and Switzerland, as well as foreigners with a permanent residence permit have free access to the labour market. Third-country nationals with a “personal work permit” have free access to the labour market during the three-year validity period while a foreigner with an “employment permit”, issued for a maximum of one year, continues to be tied to the employer to whom the permit is issued (section 10(2) and (3)). The employment permit can be renewed or reissued for a period not exceeding one year (section 25(1)). The Committee further notes that pursuant to section 22(3) a foreign worker with vocational training or who has acquired a national professional qualification in Slovenia who, in the past 24 months has been employed for at least 20 months, can apply for a personal employment permit (section 22(4)). The Government indicates in this regard that the foreigner who does not meet the condition of having at least vocational education may be integrated into the procedure of acquiring a national vocational qualification. Section 30(1) allows for some flexibility for foreigners with higher education for whom an employment permit or permit for work has been issued, to be employed by two or more employers. Recalling that Article 14(a) of the Convention allows the State to make the free choice of employment subject to temporary restrictions during a prescribed period not exceeding two years, and that Article 10 provides for the adoption of a national policy on equality of opportunity and treatment including with respect to access to vocational education, the Committee asks the Government to indicate the measures taken or envisaged to inform foreign workers with employment permits or permits for work of the possibility of acquiring a national vocational qualification, and provide information on the number of workers that have participated in such training. The Government is also requested to provide information on the number of migrant workers without vocational training or a national vocational qualification who are working under employment permits for a period exceeding two years.

National equality policy and integration of migrant workers in society. The Committee previously noted the need for systematic measures aimed at the integration of migrant workers and their families in society. The Committee notes the Government’s indication that the Decree on Aliens Integration No. 65/2008 provides for integration programmes intended for third-country nationals residing in Slovenia with a permanent residency permit and their family members, and for third-country nationals who have been residing in Slovenia on the basis of a temporary residence permit for at least two years and whose permit is valid for at least one year, and for their family members. The Committee also notes that a draft Decree amending and supplementing the Decree on Aliens Integration of 23 July 2010 would allow for inclusion in integration programmes of all third country citizens residing in Slovenia on the basis of a residence permit issued for at least one year and third-country citizens who are family members of Slovenian citizens or EEA citizens residing in Slovenia on the basis of a residency permit, regardless of its duration. The Committee notes that the programmes cover Slovenian language courses and courses on Slovenian history, culture and constitutional arrangements, and that between November 2009 and the end of May 2010, 600 third-country nationals attended. The Government also indicates that programmes have included workshops going beyond intercultural differences and address reasons for and consequences of discrimination and xenophobia. The Committee notes the observations by AFTUS that an effective integration policy of migrants should be based on the earliest possible integration into suitable programmes of integration and social inclusion and that free participation into language programmes and learning about Slovenia culture, history and constitution should be provided to all foreigners, including those with a temporary residence permit for a period less than a year. The Committee further notes that an Alien Integration Council was created in 2008 with a view to a coordinated and effective implementation of the measures for integration of foreigners, but that according to AFTUS the Council does not fulfil its purpose. The Committee asks the Government to provide information on the status of the adoption of the draft Decree amending and supplementing the Decree on Aliens Integration of 23 July 2010, and to indicate whether any consideration is being given to the concerns raised by AFTUS regarding the free participation of all foreigners, including those with a residency permit of less than a year in programmes of integration and social inclusion. Please also provide information on the activities of the Alien Integration Council.

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

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

The Committee notes with interest the numerous legislative measures adopted during the reporting period. It notes in particular the various amendments to the Employment and Work of Aliens Act, the Aliens Act, the Citizenship of the Republic of Slovenia Act, the Prevention of Illegal Work and Employment Act, the Asylum Act and the Employment Relationships Act, as well as the adoption of the Employment and Insurance Against Unemployment Act (107/2006). The Committee is awaiting translation of most of these texts, which it will examine in detail together with the Government’s reply to the points raised below.

Article 1 of the Convention. Basic human rights of all migrant workers. Recalling the Government’s obligation, under Article 1 of the Convention, to respect the basic human rights of all migrant workers, regardless of their legal status in the country, the Committee requests the Government to provide information on the measures taken to ensure the effective application of this provision.

Articles 2 and 6. Measures to detect illegal employment of migrants and irregular migration, including trafficking, international cooperation and sanctions. The Committee notes with interest the extensive information on the labour inspection activities and the continuing joint action and collaborative efforts aimed at preventing illegal work and employment, carried out during the reporting period. The Committee notes that campaigns particularly focused on the retail sector, the catering industry, road transport, construction, horticulture and entertainment events, and on the performance of individual services by foreign legal persons and private individuals. The Committee further notes that the
2004–06 Action Plan of the Inter-Ministerial Working Group to Combat Human Trafficking defines the need to establish an appropriate methodology for collecting statistical data referring to work permits issued to foreign nationals in vulnerable occupations, such as dancers, entertainers, construction workers, as well as work permits issued for Chinese citizens.

The Committee further notes the Government’s indication that section 5 of the Aliens Act (No. 61/99) which provided the basis for formulating a migration policy has been amended by Act No. 87/02, and that the consolidated version of the Aliens Act (No. 107/06) no longer obliges the General Assembly to adopt a migration policy. Therefore the latest resolution on the migration policy of the Republic of Slovenia (No. 106/2002), reaffirms and upgrades the principles and objectives outlined in the 1999 resolution taking into count new approaches to developing a joint EU policy. With a view to implementing the migration policy measures, a special working group was appointed in 2003, the main task of which is to monitor migration trends, and based on their assessment, to propose appropriate measures, including warnings of deficiencies in existing legislation. The Committee further notes legislative and other measures taken to effectively prevent and detect irregular migration and cross-border crime and harmonize the national laws and regulations in this domain with the acquis of the European Union. The Committee asks the Government to continue to provide information on the measures taken to prevent and detect illegal employment and irregular migration, as well as information on the sanctions imposed and specific remedies provided to victims of trafficking. Please also provide specific details on the implementation of the 2004-06 Action Plan of the Inter-Ministerial Working Group to Combat Human Trafficking, and Resolution on the Migration Policy of the Republic of Slovenia (No. 106/2002).

Article 7. Consultation of workers’ and employers’ organizations. While noting the information on the Economic and Social Council, the Committee would be grateful if the Government could provide more specific details on how employers’ and workers’ organizations have been consulted with respect to measures taken to detect illegal migration and employment of migrants in abusive conditions.

Article 8(1). Non-return in the event of loss of employment. With respect to its previous comments regarding loss of employment of migrant workers with an employment permit, the Committee notes the Government’s indication that the right of a holder of an employment permit or a permit for work to stay in the country after the termination of the employment relationship depends on the whether the migrant workers has other legal grounds for staying in Slovenia under the Aliens Act. If the holder of an employment permit meets the requirements of the Employment and Insurance against Unemployment Act (No.107/2006) – being in an employment relationship for at least 12 months in the past 18 months, he or she is entitled to financial compensation for three months after the termination of the employment relationship, and may stay in Slovenia while receiving compensation. If the person finds new employment during that time, the new employment permit constitutes grounds for extending the residence permit. With respect to migrant workers for seasonal work (permit for work), their employer may file an application for the regular employment of the worker before cessation of validity of the permit for seasonal work. Awaiting translation of the Aliens Act, the Committee asks the Government to specify the legal grounds under which a holder of an employment permit who has lost his or her employment may continue to stay in Slovenia. Please provide further information regarding the measures to ensure that workers with an employment permit who lost their employment and who do not meet the requirements of the Employment and Insurance against Unemployment Act (No. 107/2006, as well as workers with a permit for work shall not be regarded as irregular workers by the mere loss of their employment.

Article 9(3). Costs of expulsion. In reply to its previous comments regarding section 62 of the Aliens Act, the Committee notes the Government’s explanation that the costs of expulsion are charged to the budget of the Republic of Slovenia in the event that the alien does not have funds of his or her own. The Committee wishes to draw the Government’s attention to paragraph 310 of its General Survey of 1999 on migrant workers, spelling out that: (a) if the migrant worker is in an irregular situation for reasons which cannot be attributed to him or her, the cost of his or her return, as well as the return of family members, including transport costs, should not fall upon the migrant; and (b) if, on the contrary, the migrant worker is in an irregular situation for reasons which can attributed to him or her, only the costs of expulsion may not fall upon the migrant. The Committee invites the Government to take adequate steps to bring the legislation into line with the Convention, and report on the progress made.

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

Articles 10 and 14(a) of the Convention. Equality of opportunity and treatment in employment and occupation. Free choice of employment. The Committee notes the comments by the Association of Free Trade Unions of Slovenia (AFTUS) attached to the Government’s report, which also raise issues relevant to the application of the equality of treatment principle enshrined in the Migration for Employment (Revised) Convention, 1949 (No. 97). In its comments, the AFTUS raises concerns about the work permit system under which foreign workers issued with an employment permit are given the right to be employed only by the employer who obtained the work permit for them. Workers with an employment permit do not have the free choice of employment until they meet the conditions for obtaining a personal work permit valid for a period of three years or for an indefinite period of time. In the view of the AFTUS, this system is in conflict with article 49 of the Constitution which provides for freedom of work, as well as with the Equal Treatment Act, the Employment and Work of Aliens Act, the Aliens Act, the Employment and Insurance Against Employment Act and the Employment Relationship Act. Moreover, linking a work permit to a specific employer increases opportunities for the employer to exploit the migrant worker and as such constitutes indirect discrimination in employment based on ethnic origin or citizenship, which is prohibited pursuant to section 6 of the Employment Relationship Act (No. 103/2007).

The Committee notes that, pursuant to Government Resolution of 25 May 2006 citizens of the European Union and European Economic Area may be employed in Slovenia without a work permit. Third-country nationals are covered by the Employment and Work of Aliens Act (Acts Nos 66/00, 101/05 and 52/07, hereafter ZZDT) and require an employment permit. The Committee notes that pursuant to the ZZDT, a work permit can be issued as a personal work permit, an employment permit or a permit for work. It notes that a “personal work permit” may be issued for three years or for an indefinite period of time, is renewable and gives free access to the labour market. An “employment permit”, on the contrary, is a work permit tied to the permanent employment needs of employers based on specific vacancies. This type of permit allows a foreigner to find employment only with the employer who applied for such a permit, and is issued for no longer than one year. However, the Government indicates that an employment permit may be issued for two or more employers after the worker has been employed by the first employer for at least six months on the condition that he or she has at least higher education. A “permit for work” is a permit with a time limit fixed in advance on the basis of which a foreigner may find temporary employment or work in Slovenia in accordance with the purpose for which the permit is issued. The Committee further notes from the Government’s report that the foreigner who has at least vocational education and who was continuously employed with the same employer or his or her legal predecessor, as well as the “work migrant” who for two years prior to the application was continuously employed by the same employer may apply for a personal work permit.

The Committee recalls that Article 10 of the Convention requires the State to declare and pursue a national policy designed to promote and to guarantee equality of opportunity and treatment between migrant workers lawfully in the country and nationals in respect of employment and occupation. Article 14(a) of the Convention allows the State to make the free choice of employment subject to temporary restrictions during a prescribed period which may not exceed two years. Based on the above, it appears that certain migrant workers, in particular third-country nationals without vocational or higher education, may not fully enjoy equality of treatment in respect of free choice of employment after a period of two years. In order to be able to assess fully the extent to which the principle of equality of treatment in respect of the free choice of employment is being applied to all migrant workers, the Committee asks the Government to specify under which conditions, with an indication of the applicable legal provisions, third-country nationals with an employment permit and without vocational or higher education enjoy equality of treatment with respect to access to employment, after a period of two years. Please also clarify whether a “work migrant” means a migrant to whom a “permit for work” has been issued. The Committee also refers to its comments on Convention No. 97.

Articles 10 and 12. Equality of opportunity and treatment. Integration of migrant workers. The Committee notes that in its comment, the AFTUS raises concerns regarding the lack of institutions providing information essential for the integration of foreign nationals into Slovenian society. In the view of the AFTUS, integration of foreign nationals must take due account of intercultural dialogue and of the importance of giving information to migrant workers in their mother tongue. The AFTUS further maintains that the substandard housing and living conditions, especially in single-sex hostels, of migrant workers, as well as the frequent violations of the labour law provisions relating to hours of work show a total erosion of the cultural and social life of migrant workers in Slovenia.

The Committee notes the Government’s confirmation in its report that it has not yet implemented systematic measures aimed at the integration of migrant workers and their families. However, the Government draws attention to section 82 of the Aliens Act (107/2006) which guarantees conditions to foreigners who have a resident permit for their integration into cultural, economic and social life, in particular by arranging for language courses, organizing courses and other types of advanced training and professional education, providing information that foreigners need for their integration, especially with regard to their rights and duties, the possibility of personal development and development in society, the familiarization of foreigners with Slovenian history, culture and constitutional order, and by organizing joint events with citizens to encourage common knowledge and understanding. The Act further specifies that state bodies and other bodies, organizations and associations will provide protection against all forms of discrimination based on racial, religious, national, ethnic or other differences of foreigners. The Government further indicates that a draft amendment of the Aliens Act, which is in the process of being adopted, specifies the ministerial responsibilities for providing programmes to implement the aforementioned measures. A decree will also be prepared relating to the integration of foreigners. The Committee also notes that the Government has prepared a number of proposals on educational programmes, research on integration and programmes encouraging intercultural dialogue to be submitted to the European Fund for the Integration of Third-Country Nationals.

The Committee recalls that Article 10 of the Convention requires proactive steps to be taken by public authorities to promote equality of opportunity between migrant workers lawfully in the country and nationals, in both law and practice. An active policy to secure the acceptance and observance of the principle of non‑discrimination by society generally, and to assist migrant workers and their families to make use of the equal opportunities offered to them, is essential. Article 12 of the Convention sets out the type of measures to be taken to promote the effective observance of a policy of equality of opportunity and treatment. These include the contribution made by employers’ and workers’ organizations and other appropriate bodies, measures to inform and educate the public, and other measures to assist migrant workers and their families to exercise their rights and share the advantages enjoyed by nationals. In order to be able to assess more fully how the principle of equality of opportunity is being applied in accordance with Articles 10 and 12 of the Convention, the Committee requests the Government to provide detailed information on the following:

(i)    the measures taken aimed at the integration of migrant workers and to give effect to section 82 of the Aliens Act, as well as their impact on ensuring effective equality of opportunity and treatment of migrant workers, in law and in practice, not only with respect to access to employment and occupation but also with regard to the other matters listed in Article 10 of the Convention;

(ii)   the specific measures taken to provide adequate and effective language courses to migrant workers, to promote intercultural dialogue, and to improve the general housing and living conditions of migrant workers as a means to promote their integration in society. The Committee also refers in this regard to its 2008 observation on Convention No. 97;

(iii) the progress made with respect to the further amendment of section 82 of the Aliens Act, and the adoption of the Decree on the Integration of Aliens.

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

[The Government is asked to reply in detail to the present comments in 2010.]

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:

The Committee notes the full information provided by the Government in its report in reply to the Committee’s previous comments.

1. Article 2, paragraphs 1 and 2, and Article 3(a) and (b) of the Convention. With reference to its previous observations concerning unlawful immigration and the employment of migrants in abusive conditions, the Committee notes the detailed information provided in the Government’s report and the 1999 report of the labour inspectorate. The Committee notes the positive trend respecting legislation and joint actions to detect and prevent illegal labour and employment.

2. On the legislative side, the Committee notes with interest the adoption of the Employment and Work of Aliens Act, dated 14 July 2000, and the Illegal Work and Employment Act, dated 14 April 2000. The Committee also notes, according to the provisions of article 5 of the Aliens Act of 1999, the adoption every two years of a resolution on migration policy. The 1999 resolution sets out the following measures to be adopted regarding the prevention of illegal migration: preventive measures, including an effective visa regime harmonized with European foreign and security policies; the effective control of borders and border crossings; appropriate internal control; an appropriate criminal sanctions policy; international cooperation in the areas of information, legal affairs, customs and the police.

3. As far as joint actions are concerned, the Committee particularly notes the creation of a special government commission that coordinates the joint action of stricter supervision by the labour inspectorate, the market inspectorate, the tax administration and the police. These actions represent additional supervision in all those activities and environments where illegal labour and employment is believed to be most prevalent.

4. The Committee hopes that the Government will supply information in its next report on the implementation and impact of the measures referred to above. Moreover, as already expressed in its previous comments, it would be grateful if the Government would indicate how employers’ and workers’ organizations are consulted in identifying unlawful migration and the employment of migrants in abusive conditions.

5. Article 8, paragraphs 1 and 2. The Committee notes the information provided by the Government concerning the types of work permits according to article 8 of the Employment and Work of Aliens Act (personal work permit, permit for work, permit for employment). The Committee notes that in case of termination of employment a permit for employment shall cease to be valid. The Committee requests the Government to supply further information regarding termination of employment, in order to ensure that the migrant worker shall not be regarded as in an irregular situation by the mere fact of the loss of his employment, in accordance with article 8.

6. Regarding the question of equality of treatment and particularly the right to benefits in the case of unemployment if the aliens concerned were working on the basis of a personal work permit, the Committee requests the Government to supply additional information with respect to the qualifying conditions applicable to both aliens and national workers.

7. Article 9, paragraph 3. The Committee recalls that its previous comments referred to the need for the national legislation to ensure that, in the case of expulsion of the worker or his or her family, the cost of the administrative procedure for the expulsion is not borne by them. The Committee draws attention to the distinction that derives from the drafting of article 62 of the Aliens Act, according to which “Aliens who have their own funds shall be obliged to refund the costs (…) incurred in relation to their deportation”. The Committee trusts that the Government will take the necessary measures to fully apply the Convention and that it will provide further information in this respect with its new report.

8. Article 10. The Committee notes the information provided by the Government and hopes that it will continue supplying details on follow-up action taken regarding the implementation of the policy on equality of opportunity and treatment of migrant workers and their families.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the full information provided by the Government in its report in reply to the Committee’s previous comments.

1. Article 2, paragraphs 1 and 2, and Article 3(a) and (b) of the Convention. With reference to its previous observations concerning unlawful immigration and the employment of migrants in abusive conditions, the Committee notes the detailed information provided in the Government’s report and the 1999 report of the labour inspectorate. The Committee notes the positive trend respecting legislation and joint actions to detect and prevent illegal labour and employment.

2. On the legislative side, the Committee notes with interest the adoption of the Employment and Work of Aliens Act, dated 14 July 2000, and the Illegal Work and Employment Act, dated 14 April 2000. The Committee also notes, according to the provisions of article 5 of the Aliens Act of 1999, the adoption every two years of a resolution on migration policy. The 1999 resolution sets out the following measures to be adopted regarding the prevention of illegal migration: preventive measures, including an effective visa regime harmonized with European foreign and security policies; the effective control of borders and border crossings; appropriate internal control; an appropriate criminal sanctions policy; international cooperation in the areas of information, legal affairs, customs and the police.

3. As far as joint actions are concerned, the Committee particularly notes the creation of a special government commission that coordinates the joint action of stricter supervision by the labour inspectorate, the market inspectorate, the tax administration and the police. These actions represent additional supervision in all those activities and environments where illegal labour and employment is believed to be most prevalent.

4. The Committee hopes that the Government will supply information in its next report on the implementation and impact of the measures referred to above. Moreover, as already expressed in its previous comments, it would be grateful if the Government would indicate how employers’ and workers’ organizations are consulted in identifying unlawful migration and the employment of migrants in abusive conditions.

5. Article 8, paragraphs 1 and 2. The Committee notes the information provided by the Government concerning the types of work permits according to article 8 of the Employment and Work of Aliens Act (personal work permit, permit for work, permit for employment). The Committee notes that in case of termination of employment a permit for employment shall cease to be valid. In this respect, the Committee requests the Government to supply further information regarding termination of employment, in order to ensure that the migrant worker shall not be regarded as in an irregular situation by the mere fact of the loss of his employment, in accordance with article 8.

6. Regarding the question of equality of treatment and particularly the right to benefits in the case of unemployment if the aliens concerned were working on the basis of a personal work permit, the Committee requests the Government to supply additional information with respect to the qualifying conditions applicable to both aliens and national workers.

7. Article 9, paragraph 3. The Committee recalls that its previous comments referred to the need for the national legislation to ensure that, in the case of expulsion of the worker or his or her family, the cost of the administrative procedure for the expulsion is not borne by them. The Committee draws attention to the distinction that derives from the drafting of article 62 of the Aliens Act, according to which "Aliens who have their own funds shall be obliged to refund the costs (…) incurred in relation to their deportation". The Committee trusts that the Government will take the necessary measures to fully apply the Convention and that it will provide further information in this respect with its new report.

8. Article 10. The Committee notes the information provided by the Government and hopes that it will continue supplying details on follow-up action taken regarding the implementation of the policy on equality of opportunity and treatment of migrant workers and their families.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (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:

  Article 2, paragraphs 1 and 2, and Article 3(a) and (b), of the Convention.  The Committee notes from the Government's report that unlawful immigration is leading to the employment of migrants in abusive conditions. The Government has taken steps to deal with the matter both internally (sanctions imposed on illegal transportation across the state border and illegal employment of migrants) and bilaterally by signing a number of agreements. The Committee asks the Government to continue to provide detailed information on developments in this respect and particularly on the new immigration policy currently being discussed, as well as a copy of relevant reports on the activities of the Labour Inspectorate (number of cases, infringements registered, sanctions imposed, etc.). The Committee also asks the Government to indicate whether, and if so how, employers' and workers' organizations are consulted in identifying unlawful migration and the employment of migrants in abusive conditions.

Article 8, paragraphs 1 and 2.  The Committee notes that under section 14 (last paragraph) of the Act on the employment of foreigners, work permits are withdrawn in the event of irregular termination of employment, in accordance with the regulations on labour relations. The Committee draws the Government's attention to paragraph 1 of Article 8 of the Convention which provides that, on condition that he or she has resided legally in the territory for the purpose of employment, the migrant worker should not be regarded as in an illegal or irregular situation by the mere fact of the loss of his or her employment, and that such loss should not in itself imply the withdrawal of the authorization of residence or, as the case may be, work permit. Paragraph 2 of the same Article provides that, accordingly, the migrant worker should enjoy equality of treatment with nationals in respect in particular of guarantees of security of employment, the provision of alternative employment, relief work and retraining.

The Committee asks the Government to indicate the measures taken or envisaged to ensure that the loss of a migrant worker's employment does not imply the withdrawal of his or her authorization of residence or work permit, and that such workers enjoy equality of treatment with nationals in the areas referred to in paragraph 2 of Article 8.

Article 9, paragraph 3.  The Committee asks the Government to provide information on the measures taken or envisaged to ensure that, in the case of expulsion of the worker or his or her family, the cost is not borne by them (i.e. the cost of the administrative procedure for the expulsion).

Articles 10 and 14(a).  The Committee asks the Government to indicate whether effect is given to these provisions and, if so, how.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied in the Government's report.

Article 2, paragraphs 1 and 2, and Article 3(a) and (b), of the Convention. The Committee notes from the Government's report that unlawful immigration is leading to the employment of migrants in abusive conditions. The Government has taken steps to deal with the matter both internally (sanctions imposed on illegal transportation across the state border and illegal employment of migrants) and bilaterally by signing a number of agreements. The Committee asks the Government to continue to provide detailed information on developments in this respect and particularly on the new immigration policy currently being discussed, as well as a copy of relevant reports on the activities of the Labour Inspectorate (number of cases, infringements registered, sanctions imposed, etc.). The Committee also asks the Government to indicate whether, and if so how, employers' and workers' organizations are consulted in identifying unlawful migration and the employment of migrants in abusive conditions.

Article 8, paragraphs 1 and 2. The Committee notes that under section 14 (last paragraph) of the Act on the employment of foreigners, work permits are withdrawn in the event of irregular termination of employment, in accordance with the regulations on labour relations. The Committee draws the Government's attention to paragraph 1 of Article 8 of the Convention which provides that, on condition that he or she has resided legally in the territory for the purpose of employment, the migrant worker should not be regarded as in an illegal or irregular situation by the mere fact of the loss of his or her employment, and that such loss should not in itself imply the withdrawal of the authorization of residence or, as the case may be, work permit. Paragraph 2 of the same Article provides that, accordingly, the migrant worker should enjoy equality of treatment with nationals in respect in particular of guarantees of security of employment, the provision of alternative employment, relief work and retraining.

The Committee asks the Government to indicate the measures taken or envisaged to ensure that the loss of a migrant worker's employment does not imply the withdrawal of his or her authorization of residence or work permit, and that such workers enjoy equality of treatment with nationals in the areas referred to in paragraph 2 of Article 8.

Article 9, paragraph 3. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that, in the case of expulsion of the worker or his or her family, the cost is not borne by them (i.e. the cost of the administrative procedure for the expulsion).

Articles 10 and 14(a). The Committee asks the Government to indicate whether effect is given to these provisions and, if so, how.