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

Labour Relations (Public Service) Convention, 1978 (No. 151) - Slovenia (Ratification: 2010)

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The Committee notes the information on the practical application of the Convention provided by the Government in reply to its previous request, in particular regarding the number and type of infringements established by the High Labour and Social Court and the public sector inspectorate.

Article 5 of the Convention. Protection against acts of interference. In its previous comments, the Committee had requested the Government to take the necessary measures to ensure that national legislation contains specific provisions prohibiting acts of interference by public authorities in the establishment, functioning or administration of public employees’ organizations, and establishing effective and sufficiently dissuasive sanctions against such acts. The Committee notes that the Government again refers, in this context, to the broad provisions contained in the Constitution of the Republic of Slovenia and the Representativeness of Trade Unions Act, and the Criminal Code (article 200) as well as to the possibility of judicial protection by the Labour and Social Courts and Constitutional Court. The Committee also notes the Government’s indication that, in Slovenia, safeguards to ensure that employers do not interfere in the establishment, operation or management of trade unions are well established and properly enforced with appropriate penalties in both the public and private sectors, and that trade unions have not proposed any changes to the current legal framework in this area. The Committee reiterates, however, that the Convention requires the existence of clear and precise legislative provisions ensuring adequate protection of public employees’ organizations from acts of interference, in particular acts which are designed to promote the establishment of public employees’ organizations under the domination of a public authority, or to support public employees’ organizations by financial or other means, with the object of placing such organizations under the control of a public authority. In the Committee’s view, this protection should be guaranteed not only at the moment of registration of trade union organizations (as required by the Representativeness of Trade Unions Act), but also subsequently. The Committee therefore requests the Government once again to take all necessary steps to ensure that national legislation contains provisions expressly prohibiting acts of interference by public authorities in the establishment, functioning or administration of public employees’ organizations, and imposing effective and sufficiently dissuasive sanctions against such acts. It requests the Government to indicate any progress made in this respect.

Article 7 Procedures for determining terms and conditions of employment. The Committee notes the information provided by the Government that article 26 of the Public Employees Act sets out the procedures and rules for social partnership in state bodies and local government, where representative trade unions have the right to participate in the formulation of policies on employment relations and the status of public employees. It gives representative trade unions in these sectors the right to participate in the preparation of policies concerning employment relations or the status of civil servants, as well as in the determination of job classifications in state agencies. While taking note of the information provided by the Government, the Committee also refers to its comments under the Collective Bargaining Convention, 1981 (No 154).