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

Slovenia

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1992)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1992)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Additional duties entrusted to labour inspectors related to immigration. The Committee notes with concern that sections 44(5), 51, 60, 61, 63, and 66 of the Employment, Self-employment and Work of Aliens Act (ESWAA), which provide that labour inspectors can impose fines on migrant workers for the performance of work and are obliged to inform the police when its supervision activities lead to the suspicion of illegal residence of migrant workers, are still in force. In this context, the Committee notes that the Government has not provided specific information on the number of cases in which sanctions were imposed on migrant workers, the violations concerned, and the type of sanctions imposed, as previously requested by the Committee. The Committee once again recalls that neither Convention No. 81 nor Convention No. 129 contain any provision suggesting that any worker be excluded from the protection afforded by labour inspection on account of their irregular employment status (2006 General Survey on labour inspection, paragraph 77). Referring once again to paragraph 452 of its 2017 General Survey on occupational safety and health, the Committee further indicates that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee once again requests the Government to provide information on the number of cases in which sanctions were imposed on migrant workers, the violations concerned and the sanctions imposed.

The Government indicates in its report that, in accordance with section 19 of the Prevention of Undeclared Work and Employment Act, labour inspectors may, when there are grounds to suspect undeclared employment, issue a decision prohibiting such undeclared work, and they must immediately inform the competent authority thereof. It indicates that despite the transfer of the power to monitor the prohibition of undeclared work from the labour inspectorate to the Financial Administration of the Republic of Slovenia, the labour inspectorate still receives a large number of reports of such suspected violations and related questions, which it refers to the Financial Administration of the Republic of Slovenia. The Committee notes that the number of violations of the provisions governing the conditions of employment, self-employment and work of foreigners in Slovenia increased from 49 in 2019 to 77 in 2023. The Government indicates that most violations were found for non-compliance with section 7(4) of the ESWAA when employers allowed foreigners to do work other than work for which consent had been granted in the procedure for issuing or extending a single permit, a European Union Blue Card, a written authorization, or for which a seasonal work permit had been issued. Additionally, there were violations involving improper employment contracts for foreigners, unauthorized provision of short-term services by third-country providers, and improper use of fixed-term employment contracts. The Committee once again requests the Government to take measures to ensure that the duties entrusted to labour inspectors do not interfere with the fundamental objective of securing the protection of workers in accordance with the primary duties set out in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Noting the information provided regarding the violations of the Employment, Self-employment and Work of Aliens Act, the Committee urges the Government to provide information on the manner in which the labour inspection services ensure the enforcement of employers’ obligations with regard to the rights of migrant workers, in particular those in an irregular situation or without an employment contract, including specific information as to the payment of remunerations and any other benefits owed for the work they performed.

Article 10 of Convention No. 81 and Article 14 of Convention No. 129. Number of labour inspectors and their conditions of service. In its previous comments, the Committee noted that despite the increase in the number of labour inspectors, the heavy workload persisted. The Government indicates that the labour inspectorate continued its efforts to increase the number of inspectors, as well as the number of other staff providing support to inspectors. The Committee notes the number of employees of the labour inspectorate increased from 118 (89 inspectors) in 2020 to 129 (97 inspectors) in 2023. The Committee notes that, according to the labour inspection reports, the labour inspectorate has boosted the number of inspectors especially in the field of employment relationships given that the majority of complaints concern this issue, and that the number of inspectors monitoring compliance with occupational safety and health will need to be increased in the future. At the same time the Committee notes that the number of business entities has risen by more than 20,000, from 221,711 in 2020 to 241,128 in 2023. The annual labour inspection reports indicate that despite these personnel reinforcements the inspectors are unable to cope adequately with the increase of business entities and the increased number of reports received by the labour inspectorate, which in 2023 amounted to approximately 6,000. While taking note of the increase in the number of inspectors from 2020 to 2023, the Committee requests the Government to continue its efforts to increase the number of labour inspectors and indicate the measures taken to ensure that the number of inspectors monitoring working conditions and employment relationships and also the number of OSH inspectors are sufficient to secure the effective discharge of the duties of the inspectorate.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Stability and independence of labour inspectors. In its previous comments, the Committee noted that issues related to external pressure facing inspectors from both complainants and employers in the form of insults, misconduct and aggressiveness continued to exist. The Committee also noted a series of measures taken by the labour inspectorate to address the risk of third-party violence to which labour inspectors are exposed and the Committee urged the Government to strengthen its efforts in this respect. The labour inspection reports for 2020–23 provide information about abusive and insulting attitudes with threats, especially in inspections carried out by female inspectors, even if the inspection was carried out jointly by two female inspectors. The Committee notes that the Government has not provided information on this matter. The Committee once again urges the Government to strengthen its efforts to address the issues related to violence, harassment and other external pressure facing labour inspectors, including with a view to ensuring their independence from improper external influences. It requests the Government to indicate the measures taken in this respect.

Article 12(1)(b) of Convention No. 81 and Article 16(1)(b) of Convention No. 129. Access to workplaces liable to inspection. The Committee previously noted that pursuant to section 21 of the Inspections Act, persons owning or possessing business premises, production premises or other premises or land can refuse inspectors’ free access under certain conditions, and the Committee requested the Government to provide detailed information on the implementation of section 21 of the Inspections Act in practice. The Committee notes from the labour inspection reports of 2020, 2021, and 2023 that employers obstruct inspectors by hindering inspections, withholding documents and not complying with imposed measures. The Government indicates that from 1 June 2020 to 31 May 2023, 15 obstructions of access to the employer’s premises and obstructions of inspection were recorded, and in 410 cases, inspectors found difficulties in obtaining the required documentation. Furthermore, inspectors issued fines in 6 cases for obstructing or preventing the inspector from entering premises, accessing equipment and facilities, and in 260 cases for preventing the inspector from carrying out their inspection duties unhindered. The Committee notes that it is unclear whether inspectors have been denied access to workplaces under section 21 as the Government does not provide information on the reasons for each denial under one or more of the exceptions in section 21. Nonetheless, the Committee once again recalls that, by virtue of Article 12(1)(b) of Convention No. 81 and Article 16(1)(b) of Convention No. 129, labour inspectors should be empowered to enter by day premises which they may have reasonable cause to believe to be liable to inspection in order to efficiently ensure workers’ protection, and that these Articles do not allow for any restrictions. Noting that the Government has not amended the relevant legislative framework, the Committee once again urges the Government to take measures to bring the national legislation into conformity with Article 12 of Convention No. 81 and Article 16 of Convention No. 129 to ensure that that labour inspectors are empowered to enter by day premises which they may have reasonable cause to believe to be liable to inspection. In the meantime, it requests the Government to continue to provide detailed information on the implementation of section 21 of the Inspections Act in practice, indicating the number of times that inspectors have been denied access to workplaces under this section, the reasons given for each denial under one or more of the exceptions provided for in section 21, and the outcome of any proceedings reviewing each denial.

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