Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Slovenia (Ratification: 1992)

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

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

Article 8 and Schedule I to the Convention. List of occupational diseases. The Committee notes the reply provided by the Government in its report to the Committee’s request for information on the planned review of the list of occupational diseases, and the indication by the Government that a new list of occupational diseases is being prepared. The Committee requests the Government to continue providing information in this respect and hopes that the new list will be aligned with the list of occupational diseases contained in Schedule I to the Convention, in accordance with Article 8.

Article 22. Reasons for the reduction of benefits. In its previous comments, the Committee noted that the reduction of a partial invalidity pension by 30 per cent in case an insured person terminated an employment at his/her own will and through his/her own fault, was not envisaged in the Convention. The Committee notes the Government’s indication that the reduction of the pension is a temporary measure which aims at encouraging persons with reduced working capacity to remain on the labour market and improving their social inclusion. The Committee also notes the information provided by the Government in its 14th (2019) annual report on the application of the European Code of Social Security (Code), which contains similar provisions to the Convention. The Government therein indicates that the system of granting partial benefits in case of an employment injury for injured persons with remaining (not residual) working capacity is part of an activation policy pursued by the Government. Furthermore, an injured person with reduced working capacity is not only entitled to vocational rehabilitation, but also to a part-time job either on the open labour market or in subsidized employment in order to prevent social exclusion. The Committee further notes the indication by the Government that the partial benefit is increased, if the employment of an injured person is terminated based on a positive opinion of the institute’s committee responsible for establishing the grounds for employment contract termination, or independent of his or her own will or fault (paragraph 3 of article 86 of the Pension and Disability Insurance Act of 2012, ZPIZ-2), or it is reduced if the termination is due to his or her own will or fault (paragraph 5 of article 86 of the ZPIZ-2). The Government further indicates that if a person with reduced working capacity does not want to remain in the labour market he/she remains eligible for a partial benefit (even though this will be reduced by 30 per cent) and that, under certain conditions, he/she is also eligible for social assistance (in case of permanent incapacity even for an indefinite period). Moreover, the reduction of the partial pension by 30 per cent is only a temporary measure which applies only for as long as a person with reduced working capacity terminates and no longer performs employment by his/her own will or through his/her own fault. The Government also emphasizes that the nature of a partial benefit payable in accordance with article 86 of the ZPIZ-2 is that of a compensation and not of a pension. Therefore, in order to avoid confusion, it has been reclassified as a wage compensation, and not a pension. The Government further indicates that a person who is granted partial benefit still has working capacity, though it may be reduced or limited. The Committee observes that the right to a partial benefit (irrespective of whether it is called a “pension” or a “compensation payment” for the loss of wages in case of a person still belonging to the labour force) may depend on the performance of a part-time job by an injured person, or on his or her willingness to perform such a job in accordance with his or her remaining working capacities. The Committee points out that this requirement is not in compliance with the Convention which, in case of employment injury, requires that a compensation or benefit be paid for the loss of earning capacity incurred by the injured worker, be it total or partial, irrespective of whether the injured person wants to continue working or not. The Committee therefore considers that the reductions of the partial benefit made in accordance with article 86(5) of the ZPIZ-2 are not in conformity with Article 22 of the Convention, which does not provide for such a possibility. Recalling that the payment of employment injury benefit shall not be conditional upon an injured worker being in employment or performing work using the remaining of his or her working ability, the Committee requests the Government to review the relevant provisions of its legislation so as to ensure conformity with the Convention.

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

Article 8 and Schedule I to the Convention. List of occupational diseases. The Committee notes the reply provided by the Government in its report to the Committee’s request for information on the planned review of the list of occupational diseases, and the indication by the Government that a new list of occupational diseases is being prepared. The Committee requests the Government to continue providing information in this respect and hopes that the new list will be aligned with the list of occupational diseases contained in Schedule I to the Convention, in accordance with Article 8.

Article 22. Reasons for the reduction of benefits. In its previous comments, the Committee noted that the reduction of a partial invalidity pension by 30 per cent in case an insured person terminated an employment at his/her own will and through his/her own fault, was not envisaged in the Convention. The Committee notes the Government’s indication that the reduction of the pension is a temporary measure which aims at encouraging persons with reduced working capacity to remain on the labour market and improving their social inclusion. The Committee also notes the information provided by the Government in its 14th (2019) annual report on the application of the European Code of Social Security (Code), which contains similar provisions to the Convention. The Government therein indicates that the system of granting partial benefits in case of an employment injury for injured persons with remaining (not residual) working capacity is part of an activation policy pursued by the Government. Furthermore, an injured person with reduced working capacity is not only entitled to vocational rehabilitation, but also to a part-time job either on the open labour market or in subsidized employment in order to prevent social exclusion. The Committee further notes the indication by the Government that the partial benefit is increased, if the employment of an injured person is terminated based on a positive opinion of the institute’s committee responsible for establishing the grounds for employment contract termination, or independent of his or her own will or fault (paragraph 3 of article 86 of the Pension and Disability Insurance Act of 2012, ZPIZ-2), or it is reduced if the termination is due to his or her own will or fault (paragraph 5 of article 86 of the ZPIZ-2). The Government further indicates that if a person with reduced working capacity does not want to remain in the labour market he/she remains eligible for a partial benefit (even though this will be reduced by 30 per cent) and that, under certain conditions, he/she is also eligible for social assistance (in case of permanent incapacity even for an indefinite period). Moreover, the reduction of the partial pension by 30 per cent is only a temporary measure which applies only for as long as a person with reduced working capacity terminates and no longer performs employment by his/her own will or through his/her own fault. The Government also emphasizes that the nature of a partial benefit payable in accordance with article 86 of the ZPIZ-2 is that of a compensation and not of a pension. Therefore, in order to avoid confusion, it has been reclassified as a wage compensation, and not a pension. The Government further indicates that a person who is granted partial benefit still has working capacity, though it may be reduced or limited. The Committee observes that the right to a partial benefit (irrespective of whether it is called a “pension” or a “compensation payment” for the loss of wages in case of a person still belonging to the labour force) may depend on the performance of a part-time job by an injured person, or on his or her willingness to perform such a job in accordance with his or her remaining working capacities. The Committee points out that this requirement is not in compliance with the Convention which, in case of employment injury, requires that a compensation or benefit be paid for the loss of earning capacity incurred by the injured worker, be it total or partial, irrespective of whether the injured person wants to continue working or not. The Committee therefore considers that the reductions of the partial benefit made in accordance with article 86(5) of the ZPIZ-2 are not in conformity with Article 22 of the Convention, which does not provide for such a possibility. Recalling that the payment of employment injury benefit shall not be conditional upon an injured worker being in employment or performing work using the remaining of his or her working ability, the Committee requests the Government to review the relevant provisions of its legislation so as to ensure conformity with the Convention.

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

Articles 13 (temporary incapacity benefit), 14 (permanent incapacity benefit) and 18 (survivors’ benefit) of the Convention (in conjunction with Article 19). With reference to its previous comments, the Committee notes the statistical information provided by the Government in its report in 2011 under Convention No. 102 and, in 2012, for the present Convention, relating to the method of calculation of benefits provided in the event of employment injury resulting in temporary incapacity for work, permanent loss of earnings capacity or the loss of the family breadwinner (survivors’ benefit). The Committee notes that, to assess the replacement rate obtained in relation to benefits in the event of total loss of earnings capacity resulting from employment injury, the Government’s report indicates a ratio, respectively, of 41.56 per cent for 2010 and 43.09 per cent for 2009, which is lower than the rate of 60 per cent required by the Convention. The Committee nevertheless observes that, to achieve this result, the Government’s report compares the net benefit, supplemented by family allowances, with the gross wage, also supplemented by family allowances. The Committee invites the Government to make the calculations on the basis of either net amounts or gross amounts. The Committee recalls in this respect that, when the benefit paid is not subject to social contributions, it should be compared to previous net earnings for the purposes of calculating the replacement rate.

Article 19(10). Minimum amount of periodical payments. The Committee would be grateful if the Government would indicate whether, in accordance with this provision of the Convention, a minimum amount has been prescribed for periodical payments and if it would specify this minimum amount for each category of benefits provided for by the Convention.

Article 22. Reasons for the suspension or reduction of benefits. Under the terms of Article 93 of the Pension and Invalidity Insurance Act (PDIA), an insured person afflicted with invalidity of category III shall be, if she or he is no longer capable of working full-time or without occupational rehabilitation, or an insured person afflicted with invalidity of category II who has reached the age of 50 years and has residual capacity to work, is entitled to combine part-time work and a partial invalidity pension. This pension may be increased by 40 per cent if the insured person has lost his job through no fault of his own and not of his own will, or it may be reduced by 30 per cent if the insured person has terminated his employment at his own will and through his own fault. As these reasons for reducing employment injury benefit for partial invalidity are not envisaged in the Convention, the Committee requests the Government to indicate whether the partial invalidity pension envisaged under Article 93 of the PDIA is provided in addition to the invalidity pension received by insured persons in the event of invalidity of category II or III.

Article 8. List of occupational diseases. The Committee notes that the Government’s report does not contain information relating to the issue of the planned review of the list of occupational diseases of 1983 with a view to its harmonization with European law. The Committee once again requests the Government to provide the necessary information in this respect and hopes that the new list will also be in compliance with the list of occupational diseases contained in Schedule I to the Convention, in particular with regard to the list of types of work involving exposure to the risks concerned mentioned in items 1–12 and 15 of Schedule I, and that the Government will supply a copy when it has been adopted.

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

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

Repetition

In its previous direct request of 2007, the Committee had asked the Government to reply in detail in 2008. In September 2008, the Office had received the Government’s report on the application of the Convention for the period from 1 June 1999 to 31 May 2006, which had been already furnished to the ILO in November 2006. No reply has been given to the Committee’s previous direct requests of 2006 and 2007. The Committee is bound to draw the Government’s attention to its obligation under article 22 of the ILO Constitution to comply with the reporting obligation in good faith. It trusts that the Government will do its utmost to supply a full detailed report on the Convention, according to the report form adopted by the Governing Body, and that this report will also contain a detailed reply on the following points:

Article 8 of the Convention. List of occupational diseases. The Committee notes that the list of occupational diseases adopted in 1983 under a “self-management agreement” is still in use, but that it shall be replaced by a new list which is currently being prepared for the purpose of harmonizing it with the European legislation. The Committee hopes that the new list will also be in compliance with the list of occupational diseases contained in Schedule I to the Convention, in particular as regards the list of work involving exposure to the risk concerned (items 1–12, and 15 of Schedule I), and that the Government will supply a copy of it, when adopted.

Articles 13 (temporary incapacity benefit), 14 (permanent incapacity benefit) and 18 (survivors’ benefit), (in conjunction with Article 19). The Committee once again asks the Government to supply, with respect to each of the benefits provided by the abovementioned Articles, the statistical information in the manner set out in the report form adopted by the Governing Body under the corresponding titles of Article 19. The Committee trusts that the Government will have no difficulty to determine the reference wages of a skilled manual male employee as defined in Article 19(6)(d) of the Convention, by using for this purpose the average gross wage in the Republic of Slovenia.

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

In its previous direct request of 2007, the Committee had asked the Government to reply in detail in 2008. In September 2008, the Office had received the Government’s report on the application of the Convention for the period from 1 June 1999 to 31 May 2006, which had been already furnished to the ILO in November 2006. No reply has been given to the Committee’s previous direct requests of 2006 and 2007. The Committee is bound to draw the Government’s attention to its obligation under article 22 of the ILO Constitution to comply with the reporting obligation in good faith. It trusts that the Government will do its utmost to supply in 2011 a full detailed report on the Convention, according to the report form adopted by the Governing Body, and that this report will also contain a detailed reply to the Committee’s previous direct request, which read as follows:

Article 8 of the Convention. The Committee notes from the Government’s report that the list of occupational diseases adopted in 1983 under a “self-management agreement” is still in use, but that it shall be replaced by a new list which is currently being prepared for the purpose of harmonizing it with the European legislation. The Committee hopes that the new list will also be in compliance with the list of occupational diseases contained in Schedule I to the Convention, in particular as regards the list of work involving exposure to the risk concerned (items 1–12, and 15 of Schedule I), and that the Government will supply a copy of it, when adopted.

Articles 13 (temporary incapacity benefit), 14 (permanent incapacity benefit) and 18 (survivors’ benefit), (in conjunction with Article 19). The Committee once again asks the Government to supply, with respect to each of the benefits provided by the abovementioned Articles, the statistical information in the manner set out in the report form adopted by the Governing Body under the corresponding titles of Article 19. The Committee trusts that the Government will have no difficulty to determine the reference wages of a skilled manual male employee as defined in Article 19(6)(d) of the Convention, by using for this purpose the average gross wage in the Republic of Slovenia which it had indicated in its report for the year 1999.

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

The Committee notes that the Government’s report does not reply to the questions raised in its previous direct request, which read as follows:

Article 8 of the Convention. The Committee notes from the Government’s report that the list of occupational diseases adopted in 1983 under a “self-management agreement” is still in use, but that it shall be replaced by a new list which is currently being prepared for the purpose of harmonizing it with the European legislation. The Committee hopes that the new list will also be in compliance with the list of occupational diseases contained in Schedule I to the Convention, in particular as regards the list of work involving exposure to the risk concerned (items 1 to 12, and 15, of Schedule I), and that the Government will supply a copy of it, when adopted.

Articles 13 (temporary incapacity benefit), 14 (permanent incapacity benefit), and 18 (survivors’ benefit), (in conjunction with Article 19). The Committee once again asks the Government to supply, with respect to each of the benefits provided by the abovementioned Articles, the statistical information in the manner set out in the report form adopted by the Governing Body under the corresponding titles of Article 19. The Committee trusts that the Government will have no difficulty to determine the reference wages of a skilled manual male employee as defined in Article 19, paragraph 6(d), of the Convention, by using for this purpose the average gross wage in the Republic of Slovenia which it had indicated in its report for the year 1999.

[The Government is asked to reply in detail to the present comments in 2008.]

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 8 of the Convention. The Committee notes from the Government’s report that the list of occupational diseases adopted in 1983 under a “self-management agreement” is still in use, but that it shall be replaced by a new list which is currently being prepared for the purpose of harmonizing it with the European legislation. The Committee hopes that the new list will also be in compliance with the list of occupational diseases contained in Schedule I to the Convention, in particular as regards the list of work involving exposure to the risk concerned (items 1 to 12, and 15, of Schedule I), and that the Government will supply a copy of it, when adopted.

2. Articles 13 (temporary incapacity benefit), 14 (permanent incapacity benefit), and 18 (survivors’ benefit), (in conjunction with Article 19). The Committee once again asks the Government to supply, with respect to each of the benefits provided by the abovementioned Articles, the statistical information in the manner set out in the report form adopted by the Governing Body under the corresponding titles of Article 19. The Committee trusts that the Government will have no difficulty to determine the reference wages of a skilled manual male employee as defined in Article 19, paragraph 6(d), of the Convention, by using for this purpose the average gross wage in the Republic of Slovenia which it had indicated in its report for the year 1999.

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

The Committee has examined the information provided by the Government. It notes with interest the information on a number of points raised in its previous direct request: the number of persons covered by the health insurance scheme which also provides health care benefits in the event of employment injury, the reference to the eighth indent of section 23 of the Act on Health Care and Health Insurance which provides that all medical treatment and rehabilitation needed in case of occupational diseases and injury at work is provided free of charge, and, with reference to Article 17 of the Convention, the information on the cases and circumstances of reassessment, suspension or cancellation of periodical payments laid down in the Pension and Invalidity Insurance Act and the Act on Health Care and Health Insurance. As regards the payment of wage compensation (compensatory pay) by the employer during the first 30 days of incapacity for work, the Committee refers to its direct request under Convention No. 24.

1. Article 8 of the Convention. The Committee notes from the Government’s report that the list of occupational diseases adopted in 1983 under a "self-management agreement" is still in use, but that it shall be replaced by a new list which is currently being prepared for the purpose of harmonizing it with the European legislation. The Committee hopes that the new list will also be in compliance with the list of occupational diseases contained in Schedule I to the Convention, in particular as regards the list of work involving exposure to the risk concerned (items 1 to 12, and 15, of Schedule I), and that the Government will supply a copy of it, when adopted.

2. Articles 13 (temporary incapacity benefit), 14 (permanent incapacity benefit), and 18 (survivors’ benefit), (in conjunction with Article 19). The Committee once again asks the Government to supply, with respect to each of the benefits provided by the abovementioned Articles, the statistical information in the manner set out in the report form adopted by the Governing Body under the corresponding titles of Article 19. The Committee trusts that the Government will have no difficulty to determine the reference wages of a skilled manual male employee as defined in Article 19, paragraph 6(d), of the Convention, by using for this purpose the average gross wage in the Republic of Slovenia which it had indicated in its report for the year 1999.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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 reads as follows:

The Committee has examined the first report of the Government and would like to receive additional information on the following points.

1. Article 4 of the Convention. Please provide the statistical information requested by the report form on the Convention adopted by the Governing Body, including in particular data on the number of employees protected under both the Health Care and Health Insurance Act 1992 and the Pension and Disability Insurance Act 1992, in relation to the total number of employees.

2. Article 8. The Committee notes from the Government's report that a new list with a new definition of occupational diseases is under preparation. It hopes that the new list will ensure compliance with the list of occupational diseases contained in Schedule I to the Convention, in particular as regards the list of work involving exposure to the risks concerned (items 1 to 12 and 15 of Schedule I), and that the Government will supply a copy of it, when adopted.

3. Article 9, paragraph 3. The Committee notes that section 29 of the Act of 12 February 1992 on health care and health insurance sets out a waiting period of 30 working days for the payment of cash benefit for incapacity for work, including cases of incapacity caused by employment injury, whereas the Convention permits not to pay the benefit only for the first three days of suspension of earnings. It further notes from the Government's reports on Conventions Nos. 17, 24 and 102 that under collective agreements made under the Labour Relations Act, the payment of benefits from the first to the 30th working day is generally ensured by the employer, while from the 31st working day on it is paid from compulsory insurance. The Committee asks the Government to supply examples of the relevant provisions of the collective agreements in force and to indicate the provisions of the legislation which ensure that the benefit is actually provided by the employers until it is assumed by compulsory insurance even in the absence of such collective agreements.

4. Article 10, paragraph 1. Please specify what provisions in the national legislation ensure to the protected persons in respect of a morbid condition the provision free of charge of all types of medical care and other benefits mentioned in subparagraphs (a) to (g) of paragraph 1 of this Article of the Convention.

5. Articles 13 (temporary incapacity benefit), 14 (permanent incapacity benefit) and 18 (survivors' benefit) (in conjunction with Article 19 or Article 20). The Committee asks the Government to supply, in respect of each of the benefits provided by the above-mentioned Articles, the statistical information in the manner set out in the report form adopted by the Governing Body under the corresponding titles of Article 19 or Article 20 of the Convention, depending on which Article is selected for the purpose of the calculation of the amount of benefit.

6. Article 17. The Government states that the cases referred to in this Article are prescribed by law. Please specify the provisions of the legislation and explain the procedure for the revision of the degree of permanent incapacity and of the corresponding amount of benefit.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee has examined the first report of the Government and would like to receive additional information on the following points.

1. Article 4 of the Convention. Please provide the statistical information requested by the report form on the Convention adopted by the Governing Body, including in particular data on the number of employees protected under both the Health Care and Health Insurance Act 1992 and the Pension and Disability Insurance Act 1992, in relation to the total number of employees.

2. Article 8. The Committee notes from the Government's report that a new list with a new definition of occupational diseases is under preparation. It hopes that the new list will ensure compliance with the list of occupational diseases contained in Schedule I to the Convention, in particular as regards the list of work involving exposure to the risks concerned (items 1 to 12 and 15 of Schedule I), and that the Government will supply a copy of it, when adopted.

3. Article 9, paragraph 3. The Committee notes that section 29 of the Act of 12 February 1992 on health care and health insurance sets out a waiting period of 30 working days for the payment of cash benefit for incapacity for work, including cases of incapacity caused by employment injury, whereas the Convention permits not to pay the benefit only for the first three days of suspension of earnings. It further notes from the Government's reports on Conventions Nos. 17, 24 and 102 that under collective agreements made under the Labour Relations Act, the payment of benefits from the first to the 30th working day is generally ensured by the employer, while from the 31st working day on it is paid from compulsory insurance. The Committee asks the Government to supply examples of the relevant provisions of the collective agreements in force and to indicate the provisions of the legislation which ensure that the benefit is actually provided by the employers until it is assumed by compulsory insurance even in the absence of such collective agreements.

4. Article 10, paragraph 1. Please specify what provisions in the national legislation ensure to the protected persons in respect of a morbid condition the provision free of charge of all types of medical care and other benefits mentioned in subparagraphs (a) to (g) of paragraph 1 of this Article of the Convention.

5. Articles 13 (temporary incapacity benefit), 14 (permanent incapacity benefit) and 18 (survivors' benefit) (in conjunction with Article 19 or Article 20). The Committee asks the Government to supply, in respect of each of the benefits provided by the above-mentioned Articles, the statistical information in the manner set out in the report form adopted by the Governing Body under the corresponding titles of Article 19 or Article 20 of the Convention, depending on which Article is selected for the purpose of the calculation of the amount of benefit.

6. Article 17. The Government states that the cases referred to in this Article are prescribed by law. Please specify the provisions of the legislation and explain the procedure for the revision of the degree of permanent incapacity and of the corresponding amount of benefit.