Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Article 8 and Schedule I to the Convention. List of occupational diseases. The Committee notes with satisfaction the adoption of the Rules on occupational diseases by the Ministry of Health on 21 February 2023, which contain a list of occupational diseases (Annex I) that is in line with Schedule I to the Convention.

Articles 14(3) and 22. Reasons for the reduction of benefits. The Committee notes that persons with reduced working capacity, notably persons with category II or III disability, are provided with benefits under sections 85 or 86 of the Pension and Disability Insurance Act (ZPIZ-2). The Committee further notes that these benefits are paid at lower rates (20, 25 or 40 per cent of the disability pension in respect of total loss of working capacity) in case of termination of employment due to the beneficiary’s own will or fault, as per section 85, paragraphs 2(3)(4) and 3(3), and section 86, paragraph 6, of the ZPIZ-2. At the same time, the rates of such benefits amount to 60 or 80 per cent of the disability pension in case of termination of employment based on the positive opinion of the commission for determining the grounds for dismissal or regardless of the beneficiary’s will or fault (section 85, paragraphs 2(2) and 3(2), and section 86, paragraph 4, of the ZPIZ-2).

The Committee notes the Government’s indication that the pension and disability system in Slovenia aims to keep persons with reduced working capacity in employment or active on the labour market. The Government reiterates that persons with reduced working capacity who do not want to remain in the labour market are still eligible for benefits as well as social assistance under certain conditions. The Government further indicates that it will examine the system for assessing disability benefits, in collaboration with the social partners, as part of the changes in the field of pension and disability legislation that are currently being discussed.

The Committee recalls that legislative provisions establishing lowered benefit rates in case of termination of employment due to the beneficiary’s own will or fault are not in line with Article 22 of the Convention. In particular, Article 22 of the Convention, which sets out a limited list of grounds for the suspension or lowering of benefits, requires that an employment injury benefit be paid, without any reduction, 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 further recalls that according to Article 14(3) of the Convention, the benefit provided in case of partial loss of earning capacity shall represent a suitable proportion of the benefit provided in case of total loss of earning capacity. The Committee, therefore, requests the Government to take the necessary measures to ensure the conformity of section 85, paragraphs 2(3)(4) and 3(3), and section 86, paragraph 6, of the ZPIZ-2 with Articles 14(3) and 22 of the Convention, with a view to ensuring that the rates of the benefits due to an employment injury are not lowered in case of termination of employment as a result of the injured person’s own will or fault. The Committee firmly hopes that the necessary amendments to the ZPIZ-2 will be adopted in the context of the current reform process, in collaboration with the social partners.