Comments adopted by the CEACR: Slovenia

Repetition

Article 1 of the Convention. Migration policy. In reply to the Committee’s previous request to provide information on the content of the Strategy of Economic Migration (SEM) for the period 2010–20 and on its implementation, the Government explains in its report that, in the past ten years, Slovenia has joined the countries that experience a lack of manpower which is the consequence of the ageing of the active population and lack of adequate or qualified staff on their labour markets. SEM addresses these demographic challenges by a number of policies and measures, in particular by providing for an active immigration policy based on principles of equal treatment of foreign workers and protection of their socio-economic rights for work and employment. The Government states that the key results of the implementation of the SEM include the following: better information of migrant workers about their rights, obligations and work and employment options; conclusion of bilateral agreements on employment; faster recognition of foreign qualifications for doctors and dental practitioners; introduction in legislation of a single application procedure for work and residence permits; introduction of circular migration with Bosnia and Herzegovina; inclusion of measures on legal immigration within the Strategy on the Western Balkans; and adoption of a regulation determining occupations in which the employment of foreigners is not tied to the labour market. Considering the current demographic and labour market challenges described by the Government, the Committee asks the Government to provide information on the steps being taken to adopt a migration policy post 2020, the content of the migration policy and its implementation, and any results achieved in relation to the application of the Convention.

Articles 2 and 4. Provision of accurate information and assistance. Further to its previous comments concerning the funding and functioning of the INFO point for foreigners, the Committee notes that a new INFO point has been established and is funded by the Slovenia Employment Services with the aim of providing information on all relevant legal issues pertaining to work and to assist advisers of the European Employment Service (EURES) which is a cooperation network formed by public employment services set up to facilitate employment mobility among the member States and maintain a database of available jobs, provide information on workers’ rights and living conditions in other European Union Member States. The Committee asks the Government to confirm that this service is provided free of charge to migrant workers and to continue to provide information on the type of information and assistance provided to migrant workers, including those from countries outside Europe, and to those wishing to emigrate.

Article 6. Equal treatment with respect to conditions of work. In its previous comments, the Committee noted the concern raised by the Association of Free Trade Unions of Slovenia (AFTUS) that allowing foreign workers with an employment permit to work only for the employer who obtained the permit increased the employers’ opportunity to exploit them in respect to conditions of work. The Committee notes the Government’s reply that, under the Employment, Self-employment and Work of Aliens Act, No. 47/2015 (ZZSDT), which sets out the new requirements and procedures for the issuance of the single work and residence permit, a third-country national may be employed in the country if there are no unemployed persons registered that would be suitable to fill the job vacancy, and the employer meets the requirements of actively operating, being registered for compulsory social insurance and being registered to conduct activity based on business receipts or investments. Pursuant to section 37 of the ZZSDT, during the period of the validity of the single permit, a third-country national is allowed 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 which the Committee understands is the Employment Service. During this process, the migrant worker is not obliged to leave the country; thus he or she is no longer limited to one employer, and therefore not in a position of dependency. The Committee asks the Government to provide information on the practical application of these provisions including the number of requests and approvals of third-party nationals to change employers.

With respect to protection of equal conditions of work, the Committee notes that the working conditions of migrants is regulated by the Employment Relationship Act (ERA) 2013, as amended, which applies equally to nationals, third-country nationals, and posted workers. The Committee also notes that according to the Government, statistics on violations of ERA are not disaggregated by third-country nationals and thus it is not possible to ascertain the number of violations of the Act pertaining to migrant workers. The Committee asks the Government to consider taking steps to disaggregate the statistics on violations of the Employment Relations Act 2013, so as to be able to monitor, ensure and report on the application of the Act to migrant workers, specifically as concerns equal protection of remuneration, hours of work, overtime arrangements, rest periods and annual leave. Please report on any steps taken in this regard.

Equal treatment with respect to accommodation. With respect to previous concerns raised by AFTUS regarding housing conditions of migrants and supervision of these conditions, the Committee notes that section 10 of the Employment, Self-employment and Work of Aliens Act No. 47/2015, provides that employers and hirers who provide accommodation to third-party nationals shall ensure compliance with the minimum housing and hygiene standards, which is the same as the requirement in the former Employment and Work of Aliens Act No. 47/2015. The Committee notes that there were 15 violations of these provisions in 2014, six in 2015, seven in 2016, and three in 2017. The Committee asks the Government to continue to provide information on the violations concerning the accommodations of migrant workers and to indicate the sanctions and remedial measures applied. Please also provide information on any other measures taken to promote better application of section 10 of the Act, including any measures to raise awareness of rights and obligations with respect to accommodations.

Equal treatment with respect to social security. The Committee refers to its previous comments concerning the issue of deregistration of foreign workers from social insurance before their contracts have ended. It notes that new procedures have been adopted through the Employment, Self-employment and Work of Aliens Act No. 47/2015, which according to the Government, strengthens protection against illegal deregistration. In this connection, the Committee notes that the Act provides that where a foreigner is deregistered from the compulsory social insurance schemes because his or her employment contract has terminated but still holds a valid single permit, the Employment Service must notify the foreigner who has 15 days to stop the possible illegal deregistration or to correct any errors. Noting that this new procedure appears to place more responsibility on the foreign worker to correct an illegal deregistration, the Committee asks the Government to provide full information on the manner in which the new procedure operates in practice to prevent, correct and sanction illegal deregistration and to ensure that foreign workers are treated no less favourably than nationals with respect to health insurance and social security.

Enforcement. The Committee notes the detailed information provided by the Government on the results of the labour inspection services concerning violations of the Employment and Work of Aliens Act, the Employment, Self-employment and Work of Aliens Act No. 47/2015, the Employment Relationship Act, 2013, and the Prevention of Undeclared Work and Employment Act, 2014. It also notes the number of violations of applicable labour laws and regulations applying to persons employed by Slovenian employers and posted in EU Member States and to persons posted in Slovenia. Further, the Committee notes that over the last few years, the number of violations of the Employment Relationship Act, 2013, concerning the rights of workers posted to other countries largely exceeds the number of violations concerning the rights of workers posted to Slovenia. Most of these violations were in relation to the failure to include all the compulsory elements in the contract of employment for performance of work abroad. Regarding posted workers, the Committee welcomes the adoption of EU Directive No. 2018/957, pursuant to which Member States of the European Union shall apply to posted workers the terms and conditions of employment of the host country in a series of matters, that include remuneration, maximum work periods and minimum rest periods, minimum paid annual leave, minimum age, health, safety and hygiene at work, and accommodation. The Committee requests the Government to provide information on the adoption of relevant national transposition measures; and to indicate any education or guidance provided to employers and migrant workers, including posted workers to other countries, on their rights and obligations with the aim of improving compliance with the legal requirements set out in the above-mentioned laws. It also asks the Government to continue to provide information on violations of the above-mentioned Acts concerning migrant workers, disaggregated for migrant workers as for posted workers, and the sanctions imposed. Please also indicate whether courts or other tribunals have issued decisions involving questions relating to the application of the Convention, and if so, provide summaries of these decisions.

Statistics. The Committee notes the statistics provided by the Government on the work permits issued by citizenship for the reporting period. It notes that they not only show a continuing overall decrease in the number of permits issued, but that in 2016, the number of countries from where workers came greatly decreased, and in the first half of 2017 permits were issued only for foreigners from the former Socialist Federal Republic of Yugoslavia (Bosnia and Herzegovina, Croatia and Serbia). The Committee asks the Government to continue to provide statistical data on migration flows to Slovenia, including information on the type of permits granted, and the sectors in which migrants are employed, disaggregated by sex and nationality. With respect to strengthening the national system of statistics on international migration, the Committee refers the Government to the Guidelines concerning statistics of international migration (ICLS/20/2018/Guidelines) adopted by the 20th International Conference of Labour Statisticians in October 2018, for consideration and guidance.

Repetition

Articles 1 and 2 of the Convention. Gender pay gap and its underlying causes. The Committee notes from the July 2019 Eurostat figures that the gender pay gap was 8 per cent on the basis of the average gross hourly earnings. It further notes with concern that the gender pay gap has been progressively widening over the last ten years. To address this gender pay gap, the Committee notes that the information provided in the Government report that it has adopted measures aimed at achieving a balance of men and women in decision-making positions and at eliminating gender stereotypes in education and employment. The Committee notes that the Government has conducted surveys on decision-making positions and has set up a special working group for the preparation of a draft act on a balanced representation of women and men in decision-making positions. It also notes the implementation of projects directed at overcoming gender stereotypes which affect occupation and career choice and recognition of women as experts. Recalling that the Government has been reporting on efforts undertaken to address vertical and horizontal gender segregation in the labour market and diversification of fields of study for a number of years, the Committee asks the Government to undertake a rigorous assessment of the underlying causes of the widening pay gap over the last ten years in order to provide a solid basis upon which to strengthen its efforts strategically to reduce the gender pay gap and to report on the findings of the assessment and any steps taken to follow it up. It further asks the Government to continue to provide information on any other measures adopted to reduce the gender pay gap, including information on the adoption of the draft act on a balanced representation of women and men in decision-making positions.

Articles 2 and 3. Application of the Convention in the public sector. The Committee notes the information provided by the Government concerning the non-discrimination requirements as applied in the public sector and the distribution of men and women in the state administrative bodies which shows a high percentage of women in all of the areas except for the police and armed services. It also notes that the principle of equal pay for work in comparable posts is required and that the information provided on the methodology used for classifying posts and titles into salary grades appears to be based on analytical and objective criteria. Nevertheless, the Committee is concerned that wage details of public sector employees contained in the statistics system (ISPAP) are not disaggregated by sex because the Public Salary System Act No. 108/09 does not permit monitoring on this basis. The Committee notes that the Ministry of Labour, Family, Social Affairs and Equal Opportunities has requested that the Ministry of Public Administration initiate procedures for changing the above legal foundation to facilitate the collection and monitoring of data on wages in the public sector at the work post level by gender. The Committee welcomes this request and emphasises that the collection and reliable monitoring of statistics disaggregated by sex followed by an analysis of the actual causes for any differences in pay are essential to ensure the effective application of the Convention and that it is the duty of the Government to ensure the application of the Convention in the public sector. The Committee asks the Government to report on all the steps taken to enable the collection and monitoring of wage data disaggregated by sex in the public sector and the results obtained. Please also provide more detailed information on the manner in which the job classification methodology free from gender bias is applied in practice.

Minimum wages. The Committee notes the amendment of 2016 to the Minimum Wage Act which requires the payment of supplements for working under special conditions (i.e. holidays, work free days) along with supplements for overtime work to be paid on top of the minimum wage. The Committee asks the Government to provide information on the impact of the Minimum Wage Act, as amended, on the wage levels of men and women and its impact on the gender wage gap.

Collective agreements. The Committee recalls that the observation of the Association of Free Trade Unions of Slovenia that the majority of collective agreements do not give special attention to monitoring and verifying whether the established salary system is gender neutral. The Committee notes the Government’s indication that seventeen new collective agreements have been concluded in the reporting period and that, as in the previous reporting period, only two contain provisions on gender equality, although neither of those specifically address the issue of equal pay between women and men. The Committee hopes the Government will strengthen its efforts to promote inclusion of the principle of the Convention in future collective agreements and social contracts. Please provide information on any assessment undertaken of the impact of collective bargaining on the reduction or the widening of the gender pay gap.

Enforcement. The Committee notes that once again no violation of section 133 of the Employment Relations Act has been detected during the reporting period and that no information is available on any action undertaken by the new Advocate of the Principle of Equality under the new Protection against Discrimination Act, which the Committee notes, does not contain a specific provision on equal pay. The Committee requests the Government to provide information on the number and nature of violations and/or cases of equal pay between men and women dealt with by the labour inspectorate, the Advocate of the Principle of Equality or in the courts. Please also provide information on any violations detected or cases concerning implementation of the Minimum Wage Act.

Repetition

Articles 1 and 2 of the Convention. Protection of workers against discrimination. Legislation. The Committee notes with interest the adoption of the Protection against Discrimination Act which came into force on 24 May 2016 and which replaced the Implementation of the Principle of Equal Treatment Act of 2004. It notes that the Act strengthens protection against direct and indirect discrimination and harassment and sexual harassment, irrespective of sex, nationality, race or ethnic origin, language, religion or belief, disability, age, sexual orientation, sexual identity or sexual expression, social status, property status, education, or any other personal circumstance in various fields of social life including employment and occupation. The Committee notes that the Act does not explicitly refer to political opinion in the list of grounds covered. The Government reports that the Act’s non-exclusive list of grounds which includes “any other personal circumstance”, and the protection against employment discrimination provision on the ground of “belief” in the Employment Relationship Act of 2013, along with article 14 of the Constitution, which guarantees everyone equal human rights and fundamental freedoms irrespective of political or other conviction, among other grounds, provides protection against “inadmissible” unfavourable treatment on the basis of political conviction. The Committee further notes that the new Act established the new Advocate of the Principle of Equality as an independent body with enforcement powers. In the field of employment, the Committee notes that this Act overlaps and reinforces the existing non discrimination provisions in the Employment Relationship Act of 2013, as amended. The Committee asks the Government to provide information on the measures adopted to promote and apply the Discrimination Act of 2016 as well as the non-discrimination provisions in the Employment Relationship Act of 2013, as amended, with respect to employment and occupation in the public and private sectors, including any steps taken to raise awareness among employers and workers. The Government is also asked to provide detailed information on the implementation of the protection against discrimination on the ground of political opinion. The Government is asked to provide information on the functioning of the office of the Advocate of the Principle of Equality and on any steps taken by the Advocate’s Office to enforce the Discrimination Act in employment and occupation, including the number of cases dealt with and the ground of discrimination concerned, disaggregated by sex.

Article 1(1)(a). Discrimination on the ground of national extraction. The Committee recalls its previous concerns regarding non-Slovenes from the former Socialist Federal Republic of Yugoslavia, namely “erased people” and the difficulties they face in terms of access to social and economic rights, including access to education and employment, because of the loss of their citizenship and by extension their right to remain in the country. The Committee recalls that, on 26 February 1992, 1 per cent of the population of Slovenia (25,671 people) was removed overnight from its registry of permanent residents, following the declaration of independence of Slovenia. “Erased people” are mostly of non-Slovene or mixed ethnicity, and they include a significant number of members of Roma communities. The Committee notes that the Act Regulating the Legal Status of Citizens of the Former Yugoslavia Living in the Republic of Slovenia, 1999, as amended in 2010, expired on 24 July 2017. It notes from the report of the Government that, between 1999 and 31 December 2013, 12,373 permanent residence permits were issued under this Act; and from 1 January 2011 to 31 August 2017, 316 additional residence permits were issued. It further notes that, following the judgment of the European Court of Human Rights in Kuric et al v. Slovenia, the Committee of Ministers decided in May 2016 that the Act Regulating Compensation for Damage to Persons Erased from the Permanent Population Register, 2013, satisfied the judgment of the European Court of Human Rights and, thus, concluded the case. The Committee notes that this Act has begun to be implemented. However, it notes that the United Nations Special Rapporteur on minority issues, in its report following its visit to Slovenia (5-13 April 2018) highlighted that the situation of “erased people” (who for the most part are members of various ethnic, religious or linguistic communities of the former Socialist Federal Republic of Yugoslavia) – is still unsettled, as compensation is still being fought over – despite the judgements made by the European Court of Human Rights and a decision by the Constitutional Court in April 2018 ruling against the limitations for those who filed claims for damages in judicial processes on the amount of compensation awarded. The Committee notes also that the UN High Commissioner for Human Rights and the Commissioner for Human Rights of the Council of Europe, among others, have expressed their concern at this matter (A/HRC/40/64/Add.1, 8 January 2019, paragraphs 52–55). In light of the Constitutional Court ruling, the Committee urges the Government to take steps to provide a fair compensation scheme to “erased people” still awaiting to be compensated, to take into account losses such as property or employment and to continue to provide information on the steps taken and the results achieved.

Article 2. Equality of opportunity and treatment. Roma. The Committee recalls that for a number of years it has highlighted that one of the main reasons for the high unemployment rate among Roma people is their education level. Hence, its previous request to the Government to pursue its efforts to promote equal access for Roma to education and training, and to provide information on: (i) the measures implemented to promote access to employment and to particular occupations of Roma men and women, including a description of the community work programmes, and their concrete results; (ii) the reasons for focusing primarily on community work in the context of employment programmes; and (iii) the measures taken to prevent and address discrimination, stereotypes and prejudice against the Roma community. The Committee recalls that, under Article 1(3) of the Convention, “employment and occupation” explicitly includes “access to vocational training”. Moreover, in paragraph 750 of its General Survey of 2012 on the fundamental Conventions, the Committee highlights that access to education and to a wide range of vocational training courses is of paramount importance for achieving equality in the labour market [as] it is a key factor in determining the actual possibilities of gaining access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion. The Committee adds that not only do apprenticeships and technical education need to be addressed, but also general education, “on the job training” and the actual process of training.

The Committee notes the very detailed information provided by the Government on the labour market situation of the Roma people and the range of measures adopted to improve their situation in education and employment. The Government states that it places great importance on measures (systemic, specific, and project-based) for the effective integration of Roma children in education. The Committee notes that from 2015 to 2017 there has been a slight decrease in unemployment and a slight increase in the employment of Roma men and women, with men having higher employment rates than women. It notes that Roma people continue to be a target group of the Active Employment Policy and that over 2,400 Roma participate, annually, in programmes including formal and informal education, training, career counselling, job-seeking assistance and public works projects. The Committee further notes the adoption of the National Programme of Measures for the Roma for the 2017–21 period, which includes raising educational levels, reducing unemployment, elimination of prejudice, stereotypes and discrimination, preserving Roma culture, language and identity, among its objectives. The Committee notes that the Commissioner for Human Rights of the Council of Europe, in its 2017 report, recognized that Slovenia has a solid legislative and policy framework for promoting Roma rights and welcomed the recent adoption of a revised National Programme of Measures for Roma 2017–21, which includes a plan for strengthening the pre-school education of Roma children; the tutoring system for Roma pupils; Slovenian language learning; the inclusion of Roma in the apprenticeship system; and the training of education professionals who work with Roma children. The Commissioner however observed that, if officially segregation (schooling in separate classes) is no longer present, de facto the situation is still not satisfactory, for example: (i) Roma children continue to be underrepresented in pre-schools and overrepresented in special needs schools, with about 12.2 per cent of Roma children being directed to such schools in the school year 2017–18 in comparison with 6.18 per cent of other children; (ii) in kindergartens they can be placed together with other children in mixed kindergarten classes or in “special classes” (which is possible only in the regions with large Roma populations); (iii) there is still a high level of absenteeism from school and drop-out rates in some regions; and (iv) a very low number of Roma children who reach secondary and tertiary education in the country (over 60 per cent of Roma have not completed elementary school). The Commissioner noted that teachers, Roma children and parents generally acknowledge that many of the difficulties Roma children encounter in primary schools are due to language barriers as many Roma children have no or limited command of the language spoken by the majority population. He also identified the following additional reasons for this as: insufficient value placed on education by families; poor housing conditions that do not allow families to make school a priority; early marriages and pregnancies; and criminality among teenage boys. The Committee notes further that, in its 2019 Country Report on Non-Discrimination in Slovenia, the Network of legal experts in gender equality and non-discrimination of the European Commission, observed that “In Slovenia, there are specific trends and patterns (whether legal or societal) in education regarding Roma pupils, such as segregation.” In addition, the Committee notes that, the United Nations Special Rapporteur on Minority issues commended Slovenia for the considerable efforts it has made in recent years to improve the situation of Roma and the protection of their human rights, including in key areas such as education and employment. The Special Rapporteur noted that Slovenia does not officially collect disaggregated data on ethnicity, language or religion, and for this reason, no one has a clear idea of the actual size of the country’s most vulnerable and marginalized minorities; and that no disaggregated population data have been collected since 2002. The Special Rapporteur however observed that the Roma (and the Sinti) continue to be the most marginalized and vulnerable minorities and recommended inter alia temporary affirmative action programmes in employment and increased awareness-raising campaigns to provide a more rounded view of members of the Roma community (A/HRC/40/64/Add.1, 8 January 2019, paragraphs 20, 29, 33, 62). While welcoming the various initiatives taken by the Government to promote non-discrimination, education and employment of Roma, women and men, the Committee wishes to stress that the unemployment rate for Roma people continues to be high and that improving access to education is key to combat marginalisation and poverty experienced by the Roma people. The Committee asks the Government to pursue its efforts to promote equal access for Roma people to education (in particular through a better access to pre-school education and the employment of suitably trained Roma teaching assistants), training and employment programmes. At the same time, the Committee asks the Government to increase its efforts to address discrimination and prejudice against the Roma community and to take steps to encourage Roma women and men to participate in programmes which will lead to their employment. Observing that there remains a fundamental gap between adopted policies and programmes on the one hand and reality as experienced by members of the Roma minority on the other hand, the Committee asks the Government to continue to provide detailed information on the results of the various initiatives taken to promote non-discrimination in education and employment of Roma women and men. Finally, recalling that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments, the Committee asks the Government to take steps to collect and analyse relevant data, including comparable statistics to enable an accurate assessment of changes over time while being sensitive to and respecting privacy.

General observation of 2018. With regard to the above issues and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the strengthening of legislative protection against harassment and sexual harassment in the Protection Against Discrimination Act of 24 May 2016. The Committee notes the Government’s indication that labour inspectors found a significant number of violations of Section 47 of the Employment Relationships Act (No. 21/13 of 13 March 2013), as amended, concerning the failure of employers to adopt measures to protect workers against sexual or other harassment or bullying in the workplace. The Committee therefore welcomes that an objective of the resolution on the National Programme for Equal Opportunities for Women and Men 2015–20 is the better provision of information and the implementation of the provisions prohibiting sexual and other harassment and bullying in the workplace. The Committee asks the Government to continue to provide information on the steps taken to provide training, information, and guidance to employers, as well as to workers, and the concrete steps taken by employers to prevent and protect against work related harassment.

Articles 2 and 3. Equality of opportunity and treatment for men and women. With reference to its previous comment concerning gender segregation in the labour market and measures taken to promote women’s access to a wider range of jobs and educational and vocational opportunities, the Committee notes the Government’s indication in its report that emphasis has been placed on: promoting the balanced representation of men and women in decision-making positions, including undertaking several surveys; launching a media campaign addressing gender stereotypes and promoting the equal division of care and housework between men and women; and the setting up of a special working group to draw up a draft Act on balanced representation of men and women in decision-making positions. The Committee also notes the adoption of various programmes and plans and the cooperation of numerous ministries to promote equal opportunities between men and women. It notes the adoption of the resolution on the National Programme for Equal Opportunities for Women and Men 2015–20 and the Periodic Plan for its enforcement in 2016 and 2017. In particular, it notes the following Programme objectives for the labour market and employment: to increase the employment rate of women, in particular vulnerable groups of women; to increase the share of women and men in occupations and sectors in which they are under-represented; to better inform men and women about their rights; and, to supervise the implementation of provisions prohibiting discrimination in hiring and in the workplace. The Committee further notes the Partnership Agreement adopted between the Government of Slovenia and the European Commission for the period 2014–20, and the Guidelines of the Managing Authority for the Implementation of the European Union (EU) Cohesion Policy 2014–20, which emphasize the promotion of equality between men and women, non discrimination and accessibility. The Committee asks the Government to provide information, including statistics, on the implementation and impact of the National Programme for Equal Opportunities for Women and Men 2015–20 and the Partnership Agreement with the European Commission 2014–20 with regard to increasing the employment rate of women overall and the employment of men and women in occupations and sectors in which they are underrepresented. It further requests the Government to provide information on the results of the various steps taken and measures adopted to increase women in decision-making positions.

Equality of opportunity and treatment of workers with disabilities. The Committee notes the detailed information provided by the Government on measures adopted to promote training, rehabilitation and access to employment services for persons with disabilities. It notes the Government’s assessment that the quota system of employment of persons with disabilities contributed to the preservation and promotion of their employment in the period of negative economic growth as well as in the period of economic recovery. It also notes that the highest number of discrimination complaints in 2016 were based on the ground of disability. The Committee further notes that the Partnership Agreement adopted between the Government of Slovenia and the European Commission for the period 2014–20, and the Guidelines of the Managing Authority for the Implementation of the EU Cohesion Policy 2014–20, contain measures to promote inclusion of disabled persons and to provide accessibility for disabled persons into programmes and projects implemented within those frameworks. In this regard, the Committee notes that, in its concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) welcomed the progress achieved by Slovenia in implementing the Convention. It noted, in particular, the adoption of the Personal Assistance Act, in 2017; the Action Programme for Persons with Disabilities (2014–21); and the Equalization of Opportunities for Persons with Disabilities Act, in 2012. However, it also expressed concerns, inter alia, about the absence of public policies and measures focusing on and prioritizing equality and the protection of persons with disabilities against all forms of discrimination, including the lack of specific legislation and policies regarding the rights of women and girls with disabilities, as well as insufficient measures to address multiple and intersectional discrimination against persons with disabilities (CRPD/C/SVN/CO/1, 16 April 2018, paragraphs 6 and 8). The Committee asks the Government to provide information, including sex-disaggregated statistics, on the measures adopted to promote the inclusion of disabled persons into employment-related programmes and projects and the results achieved. It also asks the Government to disseminate information among persons with disabilities about existing remedies in cases of discrimination, both in the public and private sectors.

Enforcement. The Committee notes the information provided by the Government concerning the labour inspectorate’s findings and the work of the new Advocate for the Equality Principle. It notes that the total number of initiatives and reported cases in 2016 was 68 and that the most commonly alleged discrimination grounds are “disability” (17 cases, or 25 per cent); followed by “gender” (eight cases, or 11.76 per cent) and “age” and “financial situation” (five cases of each, or 7.35 per cent). In 2016 there were no instances of alleged discrimination based on the following circumstances: gender identity, sexual expression, local affiliation. The Committee asks the Government to continue to provide statistics and information on inspections and cases of violations under the discrimination provisions of the Employment Relationships Act of 2013, as well as the Protection Against Discrimination Act of 2016, including any relevant court decision. The Committee also requests the Government to identify the manner in which coordination between the labour inspectorate and the Advocate for the Principle of Equality is accomplished.

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.

Repetition

Articles 2 and 3 of the Convention. National policy concerning nursing services and nursing personnel. Nursing education and training. In response to the Committee’s 2014 comments, the Government reports that its training programme for nurses was supplemented in 2014 to provide nursing education and training in accordance with the standards established in relevant directives of the European Council on the recognition of professional qualifications (2005/36/EC) and on administrative cooperation through the Internal Market Information System (Directive 2013/55/EU). The Government further indicates that the Regulations governing the professional development of health workers and health assistants were amended in 2017 to include courses on quality and safety in healthcare. In this respect, the Committee notes that all health professionals in Slovenia are required to complete such courses once every seven years. The Government adds that, as of 2016, the proportion of men in the nursing sector in Slovenia was 13.8 per cent, representing a 2.3 per cent increase from 2011. The Committee notes, however, that the ratio of nursing personnel to the population remains low. According to Eurostat, in 2016, there were 307 nursing professionals per 100,000 people, including only nine practising midwives, the lowest ratio recorded in Europe that year. Noting that the Government has provided no updated information on the implementation of the national programmes listed in the Committee’s previous comments, the Committee reiterates its request that the Government supply detailed updated information on the national programmes and their outcomes, including information on any developments concerning the short-cycle higher education programmes, higher education study programmes for senior nurses or other long-term education initiatives, as well as any other programmes relevant to the employment conditions of nursing personnel. Moreover, taking account of the shortage of nursing personnel, particularly midwives, the Committee requests the Government to provide information on measures taken or envisaged to ensure access to quality nursing care, including access to midwifery care, particularly in rural areas.

Article 6. Employment conditions of nursing personnel. Hours of work – Annual holidays with pay. In its 2014 comments, the Committee invited the Government to consider amending the Health Services Act to establish a maximum limit on overtime hours for nursing personnel. In its report, the Government undertakes to consider amending the Health Services Act to establish maximum overtime hours for nursing personnel. The Government further indicates that the collective agreement governing the employment conditions of nursing personnel has not yet been amended to provide for the increased annual leave provided for in section 159 of the Employment Relations Act. The Committee requests the Government to indicate the manner in which it ensures a maximum limit on overtime hours for nursing personnel in both law and practice. The Committee also reiterates its request that the Government provide a copy of the collective agreement once it has been amended.

Repetition

Articles 3 and 4 of the Convention. National policy, non-discrimination, leaves and benefits. Legislative developments. The Committee notes with interest the substantial amendments to the Parental Protection and Family Benefits Act in 2014, 2015, 2017 and 2018, which have the objective of transposing European legislation, including Council Directive 2010/18/EU, and of facilitating a more equal distribution of parental protection and childcare responsibilities between both parents. The Committee welcomes the various entitlements provided under the Act, including longer paternity leave, paternity leave benefit, parental leave for both parents, parental leave benefits, the possibility of reduction from full-time to part-time work, and other family and child support allowances and assistance. The Committee also notes the adoption of the Protection against Discrimination Act 2016 which prohibits discrimination on the basis of a number of specified grounds and on the basis of “any other personal circumstance”, and which covers all areas of social life, including employment. It further notes that explanatory information about the 2016 Act on the official website of the Ministry of Labour, Family, Social Affairs and Equal Opportunities, indicates that an example of “any other personal circumstance” could be “parental or other family status”. The Committee notes the adoption on 20 June 2019 of EU Directive 2019/1158 on work–life balance for parents and carers, repealing Council Directive 2010/18/EU on parental leave. Noting the recent adoption of EU Directive 2019/1158 on work–life balance, the Committee asks the Government to provide information on: (i) the steps taken to transpose it into its national legislation; (ii) the manner in which the Parental Protection and Family Benefits Act of 2014, as amended, has been implemented in practice by both men and women taking up the various entitlements provided under the Act; (iii) the impact of this Act on any increase in the use of these measures by men; and (iv) the manner in which the Protection against Discrimination Act 2016 has been implemented to promote application of the Convention with respect to non-discrimination in employment of persons with family responsibilities, including any action taken under the office of the Advocate of the Principle of Equality.

Repetition

Article 1 of the Convention. Other members of the immediate family. In its previous comment, noting the Government’s indication that it does not intend to extend the right to cash benefits under the Health Care and Insurance Act beyond employees caring for a sick child or spouse, the Committee asked the Government to provide information on measures taken or envisaged to implement the Convention with respect to other members of the immediate family who clearly need care and support, including persons living with disabilities, or the elderly, as envisaged under Article 1(3) of the Convention. In its report, the Government indicates that, under the conditions laid down by the Social Security Act (ZSV), a person with disabilities entitled to institutional care has the right to have a family attendant who provides assistance in the home environment instead of all-day institutional care. A family attendant may be a person who has the same permanent residence as the person with disabilities or a member of their family (father, mother, son, daughter, brother, sister, uncle, aunt, grandfather or grandmother, etc.). To qualify as a family attendant a person may either be removed from the register of unemployed persons or leave the labour market, in which case they have a right to payment for lost income. A family attendant may, however, be employed part-time, in which case they have a right to a proportional part of the payment for lost income (article 44 of the Act Amending and supplementing the Social Security Act (ZSV-B)). A family attendant shall have compulsory pension insurance, unemployment insurance and insurance for parental protection. With respect to additional measures taken to apply the Convention beyond taking care of sick children and spouses, the Committee notes that the Parental Protection and Family Benefits Act, passed in 2014, to transpose the European directive on parental leave (Council Directive 2010/18/EU of 8 March 2010) provides an entitlement to partial payment for lost income of a parent, or other person, who cares for and protects a child with either a severe disturbance in mental development, a severe disability in movement, or a serious disease. It also notes that this Act extends protections to adoptive parents and equalizes the status of social parents with that of biological parents with respect to some leaves and benefits. The Committee asks the Government to provide statistical information on: (i) the number and profile of the family attendants mentioned above, in particular the percentage of family members who are actually taking care of a family member who is considered to be a person with disabilities by the legislation; and (ii) the measures adopted to implement the Convention with respect to other members of the immediate family of workers who clearly need care and support, other than by extending the right to cash benefits beyond employees caring for a sick child or spouse.

Articles 4 and 8. Leave entitlements. Termination of employment. Previously the Committee asked the Government to provide information on: (i) the practical application of section 6.4 (which provides that less favourable treatment of workers in connection with pregnancy or parental leave is deemed to be discrimination) and section 115 (which extends the period of prohibition against termination during the period of pregnancy, breastfeeding or when on parental leave, to one month after taking such leave) of the Employment Relationship Act No. 42/02 (amended in 2007 by Act No. 103/07); and (ii) any relevant administrative or judicial decisions in relation thereto. The Committee noted that between two and 14 cases were identified annually when the employment contracts of parents were cancelled, contrary to section 155 of the Employment Relationship Act and, in the same period, between 15 and 64 cases annually where the inspectors consented to the cancellation of the employment contracts of parents. The Committee also notes from the detailed information in the Government’s report that one to 11 cases were identified annually in the same period in violation of the protection in relation to overtime and night work. The Committee asks the Government to continue to provide detailed information on the application of sections 115 and 186 of the Employment Relationship Act in relation to the protection against dismissal of workers based on their family responsibilities. Please also provide examples of cases in which there were “reasons for extraordinary termination”, cases in which there was the introduction of a procedure for termination by the employer and cases where the inspectors consented to the termination of employment of parents in which the labour inspectorate found that cancellations of contracts did not violate the protection against dismissal in section 115.

Article 5. Childcare and family services and facilities. The Committee notes from the information provided in the Government’s report that the number and percentage of children in kindergartens has risen from 75.9 per cent in 2011–12 to 78.1 per cent in 2015–16 and that the number of kindergartens has increased from 922 to 978. The Committee asks the Government to continue to provide information on the availability and sufficiency of childcare services for workers with family responsibilities. Please also provide information on the establishment of other relevant services and facilities, and on the practical impact of such services for workers with responsibilities of disabled persons to enter or re-enter employment.

Article 6. Information and education. The Committee asked the Government to continue to provide information on the measures taken or envisaged to raise awareness among workers and employers of the relevant laws and policies, and on the importance of adopting and implementing workplace policies to facilitate reconciliation of work and family responsibilities. Recalling that Article 11 of the Convention provides for the right of workers’ and employers’ organizations to participate in the design and implementation of measures giving effect to the Convention, the Committee requested the Government to provide information on how the social partners are being involved in these efforts. The Committee notes the general information provided by the Government that, within the framework of the Economic and Social Council, social partners participate, monitor and address the situation in the economic and social fields, which also includes consideration of key documents from the field of work of the International Labour Organization and systemic legislation and key documents, including from the field of social rights and rights to compulsory insurance, work relations, the labour market, employment and occupational health and safety. The Committee notes also, from the concluding observations of the United Nations Committee on the Elimination of all Forms of Discrimination Against Women issued on 24 November 2015 (CEDAW/c/SVN/CO/5-6, paragraphs 17–18) that various educational, awareness-raising and training measures have been taken to eliminate discriminatory stereotypes, encourage equal sharing between women and men of parenting responsibilities and promote the reconciliation of work and family life. The CEDAW is concerned, however, about the persistence of stereotypes regarding the roles and responsibilities of women and men in the family and in society that perpetuate traditional roles of women as mothers and housewives and undermine women’s social status and their educational and career prospects. Consequently, the Committee encourages the Government to strengthen awareness-raising and education initiatives for both women and men, employers and workers, and society at large, to bring about better understanding of the problems encountered by all workers with family responsibilities and the importance of promoting equality between men and women with family responsibilities as well as facilitate the reconciliation between work and family responsibilities. Please report on any specific activities undertaken toward this end, including with the participation of employers’ and workers’ organizations, and the results achieved in terms of applying the provisions of this Convention.

Enforcement. The Committee thanks the Government for the detailed information provided on the action taken by the labour inspectorate and the number and nature of violations of provisions on non-discrimination of persons due to their family responsibilities contained in the Employment Relationship Act, and in the Parental Protection and Family Benefits Act restricting overtime and night work. The Committee asks the Government to continue to provide information on any findings with respect to discrimination, dismissal, leaves, overtime and night work based on family responsibilities by the labour inspectorate and the Advocate of the Principle of Equality, as well as the outcome of the cases, including the remedies provided. Please also continue to provide information on the effectiveness of the mechanisms available for workers to complain about violations of their rights and entitlements relevant to the application of the Convention. Noting the preventive approach taken by the labour inspectorate, please provide information on the training received and given by labour inspectors to promote a better understanding and enforcement of the legal rights and entitlements of workers with family responsibilities in both the public and private sectors.