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

Maritime Labour Convention, 2006 (MLC, 2006) - Slovenia (Ratification: 2016)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Slovenia on 3 August 2017 and 8 January 2019 respectively. The Committee further notes, concerning the amendments to the Code approved by the International Labour Conference in 2018 and 2022, that Slovenia has indicated that it will be bound by them only after a subsequent express notification of their acceptance.

Impact of the COVID-19 pandemic. The Committee notes the Government’s indication that workers engaged in international transport, including seafarers, were considered essential workers as providing essential services and were therefore granted entry into the Republic of Slovenia without quarantine and without submission of a negative test result for the presence of SARS-CoV-2 (COVID-19). The Committee takes note of this information.

Article II of the Convention, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee notes that, in reply to its previous comment, the Government indicates that navigation in Slovenian waters is geographically limited to a very small area and is therefore defined as navigation in inland waters or waters within or closely adjacent to, sheltered waters or areas where port regulations apply, hence resulting in the exclusion of crew members working on board ships navigating exclusively within internal sea waters and the territorial sea of the Republic of Slovenia from the scope of article 154a of the Maritime code and the MLC, 2006. While noting this information, the Committee recalls that the Convention also applies to ships navigating in territorial waters, the only exclusions in relation to the navigational area being those mentioned in Article II, paragraph 1(i). It also recalls that, as the MLC, 2006 does not explicitly define the terms “closely adjacent to” or “sheltered waters” used in Article II, paragraph 1(i), it is for the competent authority of the Member to determine, in good faith and on a tripartite basis, taking into account the objectives of the Convention and the physical features of the country, which areas could be considered as “sheltered waters” and what distance away from those waters could be considered as “closely adjacent to sheltered waters”. The Committee requests the Government to provide information on: (i) how it has taken into account the above-mentioned criteria when defining waters “closely adjacent to sheltered waters”; and (ii) the number and type of ships excluded from the scope of application of the Convention as a result of this definition. The Committee further requests the Government to indicate the measures taken to ensure that all ships within the meaning of the Convention, including those navigating in territorial waters, are covered by its provisions.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the Government’s reference, in reply to its previous comment, to the Rules on the Protection of the Health of Children, Adolescents and Young Persons at Work, adopted on the basis of Articles 191 and 211 of the Employment Relationships Act, which define the measures and activities necessary for the protection of the health and physical and mental development of children, adolescents and young persons at work. The Committee observes however that these Rules are of general nature and do not deal expressly with work on board ships. Furthermore, it notes that persons under the age of 18 may not perform work following a risk assessment undertaken by the employer based on a list of risk factors that may adversely affect their safety, health and development. The Committee recalls that the responsibility to determine the types of work which are potentially hazardous and likely to jeopardize the health and safety of young seafarers under the age of 18 years does not lie with the employer and that the types of such work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned, in accordance with relevant international standards. The Committee accordingly requests the Government to adopt a list of types of hazardous work to take into account the specific conditions of work on board ships for young seafarers under 18 years of age, after consultation with the seafarers’ and shipowners’ organizations concerned, as required under Standard A1.1, paragraph 4.

Regulation 1.2 and Standard A1.2, paragraph 4. Medical Certificate. Qualified medical practitioner. Referring to its previous comment, the Committee notes the Government’s reference to articles 33 and 34 of the Health and Safety at Work Act which stipulate that the employer must ensure that health measures relating to health and safety at work are carried out by an occupational medicine practitioner, authorised to carry out his/her duties by the ministry responsible for health, including performing health examinations of workers and drafting reports for employers on findings resulting from analyses of the workers’ health status determined during health examinations and analyses of functional impairments, accidents at work, occupational diseases, work-related diseases and work-related disabilities. The Committee also notes that the Government refers to the Medical Services Act which stipulates that medical examinations are to be carried out by an authorised specialist doctor holding a licence, and who is independent in making professional decisions in accordance with article 3 of this Act. The Committee takes note of this information, which addresses its previous request.

Regulation 1.4 and the Code. Recruitment and placement. In its reply to the Committee’s previous comment, the government indicates that there is no special recruitment and placement service for seafarers in the Republic of Slovenia. The Government states that the Employment Service of the Republic of Slovenia provides job brokerage services for all unemployed persons, regardless of the sector or field of education completed and while the Labour Market Regulation Act provides that concessions may also be granted for the provision of job brokerage services, they are not currently being granted. The Committee takes note of this information and requests the Government to keep the Office informed on any future development regarding the establishment of a system of concession in job brokerage for private entities.

Regulation 1.4, paragraph 3 and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. While noting that private recruitment and placement services have not been established in the Republic of Slovenia, the Committee notes that the Government has not provided information in the case of shipowners of ships flying the Slovenian flag who use recruitment and placement services which operate in countries that have not ratified the Convention, and the measures taken to ensure, as far as practicable, that those services meet the requirements of the Convention. The Committee requests the Government to explain what kind of action is required from shipowners in order to ensure, as far as practicable, that the recruitment and placement services concerned meet the requirements of Standard A1.4, paragraphs 9 and 10 of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes the Government’s indication, in reply to its previous request, that article 153 of the Maritime code provides that only a person with a seafarer’s book and a valid written seafarer’s employment agreement may be taken on board a ship as a crew member. The Government further refers to the Rules on Seafarer’s Book which regulate the content and application for its issuance and lists the data to be entered in the seafarer’s book. Such data does not include information on the quality of the seafarers’ work, or on their wages. The Committee takes note of the sample seafarer’s book supplied by the Government in conformity with the requirements of Standard A2.1, paragraphs 1(e) and 3. The Committee takes note of this information, which addresses its previous request.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes that, in reply to its previous request, the Government refers to article 96(1) of the Employment Relationship Act, according to which the employee and the employer can agree on an appropriate monetary compensation instead of enforcing part or all of the notice period, and to article 137 which provides the worker with the right to absence from work with wage compensation in the event of inability to work due to force majeure. The Government also refers to article 111 of the same Act which provides that the worker has the right to extraordinary cancellation of the employment contract without notice in the case of serious violations on the part of the employer. The Committee observes that the only possibilities for a seafarer to terminate the employment agreement on shorter notice or without notice, without penalty, is by mutual consent when agreeing to compensation instead of enforcing all or part of the notice period or in case of serious violations on the part of the employer. Noting that the national provisions do not foresee the possibility for a seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons in conformity with the provisions of Standard A2.1, paragraph 6, the Committee accordingly requests the Government to take the necessary measures to give effect to this requirement of the Convention.

Regulation 2.2 and Standard A2.2, paragraph 2. Wages. Monthly account. Further to its previous comment, the Committee notes that the Government’s reply does not contain any new information regarding the precise details of the monthly account of the payments due and the amounts paid, including wages, additional payments and the rate of exchange used where payment has been made in a currency or at a rate different from the one agreed to. The Committee therefore once again requests the Government to indicate how full effect is given to Standard A2.2, paragraph 2.

Regulation 2.2 and Standard A2.2, Paragraphs 3, 4 and 5. Wages. Allotments. In its reply to the Committee’s previous comment, the Government indicates that the Maritime code establishes an obligation to be included in the employment agreement and thus imposes an obligation on the shipowner to take measures in accordance with Standard A2.2, paragraph 3. In relation to the requirement of Standard A2.2, paragraph 4, the Committee notes the Government’s indication that the Maritime code shall be amended to broaden the scope of the remittance of wages not just to family members but also to legal beneficiaries. While welcoming this information, the Committee observes that the Government has not provided information as to how it ensures that any charge for the service of allotments shall be reasonable in amount and the rate of currency exchange, unless otherwise provided, shall be, in accordance with national laws or regulations, at the prevailing market rate or the official published rate and not unfavourable to the seafarer (Standard A2.2, paragraph 5). The Committee requests the Government to adopt the necessary measures to ensure that full effect is given to Standard A2.2, paragraphs 3, 4, and 5 and to provide updated information on the progress made in this regard.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee notes that, in reply to its previous request, the Government states that the normal working hours’ standard in the Republic of Slovenia is regulated by the Employment Relationship Act and shall be based on an eight-hour day with one day of rest per week and rest on public holidays. These working hours apply to seafarers on board ships engaged in operations in internal waters and the territorial sea of the Republic of Slovenia. The Committee, however, understands from the Government’s indications under Article II, that these ships are not covered by the MLC, 2006. The Committee therefore requests the Government to specify how the requirement of Standard A2.3, paragraph 3 that normal working hours shall be based on an eight-hour day with one day of rest per week and rest on public holidays also applies to Slovenian ships covered by the Convention.

Regulation 2.3 and Standard A2.3, paragraphs 8 and 9. Hours of work and hours of rest. On call Work. The Committee notes that, in reply to its previous request, the Government states that, when issuing the DMLC Part I, the administration shall review the provisions of the employment agreement taking into account the need for adequate compensatory rest period for disturbed rest period. Furthermore, the Government refers to the right to a rest period – both daily and weekly – which is regulated by articles 155 and 156 of the Employment Relationships Act, according to which it flows that, in the case of a period of availability for work which counts as rest time, the worker’s response to the employer’s call to work during that period constitutes the worker’s working time. The time during which the worker has carried out work in response to the employer’s call to work therefore does not constitute a rest period. The Committee takes note of this information, which addresses its previous request.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. In its reply to the Committee’s previous comment, the Government indicates that, as provided for under article 154(5) of the Maritime code, all documents in accordance with the MLC, 2006 shall be made available to crew members on board the ship in Slovenian and English. While noting this information, the Committee observes that there is no indication as to whether all seafarers receive a copy of the records pertaining to them which shall be endorsed by the master, or a person authorized by the master, and by the seafarers, as required by Standard A2.3, paragraph 12. The Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. In its reply to the Committee’s previous comment, the Government indicates that, in accordance with article 154.d of the Maritime code, the seafarers’ employment agreement must include the maximum duration of service periods on board following which a seafarer is entitled to repatriation, which shall not exceed 12 months. The Committee recalls that under Standard A2.5.1, paragraph 2(b), the maximum period of service on board shall be “less than 12 months”. In this regard, it observes that from the combined reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, it flows that the maximum continuous period of shipboard service without leave is, in principle, 11 months. The Committee therefore requests the Government to indicate how it ensures conformity with Standard A2.4, paragraph 3, and Standard A2.5.1, paragraph 2(b).

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. Noting that no information has been provided regarding the implementation of Standard A2.5, paragraph 2(c), the Committee requests the Government to provide information on the entitlements to be accorded by shipowners for repatriation, including those relating to the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners. The Committee recalls that Guideline B2.5.1, paragraph 7, provides that seafarers should have the right to choose from among the prescribed destinations (listed in paragraph 6 of the same Guideline) the place to which they are to be repatriated. The Committee requests the Government to provide information on how it has given due consideration to this provision of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes the Government’s indication, in reply to its previous request, that the Maritime code shall be amended in accordance with the requirement of Standard A2.5.1, paragraph 3 in order for a shipowner to have the right to recover the cost of repatriation from the seafarer only in the case where the seafarer has been found to be in serious default of the seafarer’s employment obligations. The Committee takes note of this information and requests the Government to provide information on progress made in the amendment of the Maritime code.

Regulation 2.5 and Standard A2.5.2, paragraph 2. Repatriation. Financial security. Abandonment. In its reply to the Committee’s previous comment, the government indicates that when issuing the Declaration of Maritime Labour Compliance (DMLC), Part I, the administration shall review the provisions of the employment agreement taking into account provisions of financial security as referred to in article 154.d, paragraph 1(h) of the Maritime code. The Government further indicates that abandonment of seafarers is not an issue given that there are no ships flying the Slovenian flag operating on international voyages. The Committee recalls that Standard A2.5.2, paragraph 2 applies to all ships that fly the flag of a Member, and not just to ships engaged in international voyages. Furthermore, the Committee observes that national provisions do not seem to specify the conditions under which a seafarer is considered to have been abandoned. The Committee requests the Government to adopt the necessary measures to ensure that seafarers receive the assistance provided under the financial security system in all circumstances provided for by Standard A2.5.2, paragraph 2.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee takes note of the information provided by the Government, in reply to its previous comment, that it will adopt the necessary measures to give full effect to the requirements of Regulation 3.1 and Standard A3.1 with respect to all ships covered by the Convention. The Committee requests the Government to provide information on the progress made towards the adoption of measures to give full effect to the requirements of Regulation 3.1 and Standard A3.1 with respect to all ships covered by the Convention. The Committee reiterates its request to the Government to indicate the measures taken for ships constructed before the date when the MLC, 2006 entered into force for Slovenia.

Regulation 3.1 and Standard A3.1, paragraph 3. Accommodation and recreational facilities. Flag State inspections. Referring to its previous comments, the Committee notes the Government’s indication that MLC, 2006 requirements with respect to seafarers’ accommodation and recreational facilities are in all cases subject to the control by classification societies. The Committee takes note of this information, which addresses its previous request.

Regulation 3.2 and Standard A3.2, paragraphs 1 and 2. Food and catering. Minimum Standards. The Committee notes that, in reply to its previous request, the Government states that all ships registered under the Slovenian flag navigate in internal waters and territorial sea where the MLC, 2006 does not apply. The Committee recalls that Regulation 3.2 and Standard A3.2 apply to all ships that fly the flag of a Member and are not limited to ships engaged in international voyages. Referring to its comments under Article II of the Convention, the Committee accordingly requests the Government to indicate the measures taken or envisaged to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards that apply to meals provided to seafarers on ships that fly its flag, whether engaged in international or domestic voyages as required by Standard A3.2 of the Convention.

Regulation 3.2 and Standard A3.2, paragraphs 3, 4 and 8. Food and catering. Training. Seafarers under the age of 18. The Committee notes the Government’s indication, in reply to its previous request, that the ship’s cook certificate is issued under the provisions of the Decree on seafarer certification, Annex I, article 13.m, provided that the following requirements have been met by the applicant: be 18 years of age, have 6 months of navigation covering practical cookery, and have a secondary education in a cook training programme or training in accordance with the ILO Guidelines for the Training of Ship’s Cooks. The Government indicates that no ship’s cook certificate has been issued in accordance with the Decree on seafarer certification. While noting the information provided by the Government, the Committee observes that that the Decree on seafarer certification and its annex do not refer expressly to the minimum age of 18 of a seafarer to be employed or engaged as ship’s cook, nor prescribe the content of the training program/course required by the Convention. Recalling that shipowners shall ensure that seafarers who are engaged as ships’ cooks are trained, qualified and found competent for the position in accordance with the requirements set out in the laws and regulations of the Member concerned (Standard A3.2, paragraph 3), which shall include a completion of a training course approved or recognized by the competent authority, covering practical cookery, food and personal hygiene, food storage, stock control, and environmental protection and catering health and safety (Standard A3.2, paragraph 4), the Committee accordingly requests the Government to take the necessary measures to give full effect to the requirements of Standard A3.2, paragraphs 3, 4 and 8.

Regulation 3.2 and Standard A3.2, paragraph 7. Food and catering. Frequent inspections. Referring to its previous comments, the Committee notes the Government’s indication that all ships registered under the Slovenian flag navigate in internal waters and territorial sea where the MLC, 2006 does not apply, therefore no frequent inspection is conducted. Recalling that the application of the Convention is not limited to ships engaged in international voyages, the Committee requests the Government to keep it informed on any development in this regard.

Regulation 4.1, paragraph 3. Medical care on board and ashore. Access to on shore medical facilities for seafarers on board foreign ships. The Committee notes that, in reply to its previous request, the Government states the Rules on emergency medical service, adopted on the basis of paragraph 2 of Article 6 of the Health Services Act, regulate the Emergency Medical Service, which is an integral part of the public health service network and is organised to provide emergency medical assistance and ambulance services for injured and sick people in the territory of the Republic of Slovenia. The Government indicates that these provisions apply to all injured and sick persons in the territory of the Republic of Slovenia, including persons whose place of residence is unknown and foreign citizens passing through the territory. The Committee takes note of this information, which addresses its previous request.

Regulation 4.1 and Standard A4.1, paragraph 1(c) and (d). Medical care on board and ashore. Immediate medical care for seafarers on board foreign ships. Right to visit a doctor or dentist in ports of call. Services provided free of charge. The Committee notes that, in reply to its previous request, the Government states that article 7(14) of the Health Care and Health Insurance Act provides that that the Republic of Slovenia shall provide budgetary funds for the payment of emergency medical treatment for persons whose place of residence is unknown, foreign citizens of countries not covered by international treaties, and foreign citizens and citizens of the Republic of Slovenia with permanent residence abroad but residing temporarily in the Republic of Slovenia or passing through its territory if the payment of health services could not be provided from other sources; the same applies to other persons who are not covered by compulsory health insurance under the provisions of this Act and who are not insured with a foreign insurance institution. The Committee further observes that article 15 of this same Act provides that the following two categories of persons are insured under this law: persons employed by an employer based in the Republic of Slovenia, sent abroad for work or professional training, if they are not compulsorily insured in the country to which they were sent and persons with permanent residence in the Republic of Slovenia, employed by a foreign employer, who are not insured by a foreign health insurance carrier. The Committee takes note of this information, which addresses its previous request.

Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board and ashore. Qualified medical doctor on board. In its reply to the Committee’s previous comment, the government indicates that article 10 of the Rules on minimum safe manning of seagoing ships flying the flag of the Republic of Slovenia provides that a doctor must be on board a ship sailing on an international voyage and on which there are more than 100 persons, if the journey lasts more than three days. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2 and the Code. Shipowners’ Liability. In its reply to the Committee’s previous comment, the government indicates that, under article 167 of the Employment Relationship Act, an employee is entitled to absence from work in cases of temporary inability to work due to illness or injury and in other cases, in accordance with health insurance regulations. Article 137(1) of the same Act provides that the worker is entitled to wage compensation for the period of absence in the cases and for the duration specified in the Act. The Committee observes that the national provisions distinguish the length of wage compensation to be given by the employer depending on whether the illness or injury is work and non-work related. In both cases, the employer’s liability is shorter than the minimum 16 weeks, provided for under the MLC, 2006, as health insurance defrays the expense of wage compensation in the event of a longer absence from work. Under the Health Care and Health Insurance Act, seafarers have compulsory insurance for non-work-related illnesses and injuries, occupational diseases, and occupational injuries and are entitled to payment for health services to the extent provided for by the Act. They are entitled to wage compensation for the period of temporary absence from work and until they are reimbursed for travel expenses related to the use of health services. The Committee notes that although these provisions implement some of the requirements of Standard A4.2.1, the different situations and rights provided for in the Convention do not seem to have been incorporated into national legislation. The Committee observes that it is not clear from the national provisions, which are not specific to the maritime sector, whether the various costs for seafarers working on ships in respect of sickness or injury (expense of medical care and board and lodging, as well as wages) are covered as long as the sick or injured seafarers remain on board or until the seafarers have been repatriated. The Committee recalls that Regulation 4.2 calls for the adoption of laws and regulations to implement the provisions contained in the Standards. The Committee requests the Government to adopt the necessary measures to give full effect to the requirements of Standard A4.2.1.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes that, in reply to its previous request, the Government refers to the national laws and other regulations, by which Slovenia has transposed the provisions of the Council Directive (EU) 2018/131 of 23 January 2018 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) to amend Directive 2009/13/EC in accordance with the amendments of 2014 to the MLC, 2006. As regards the request to provide a copy of a model certificate or other documentary evidence, the Government indicates that no such certificate or other documentary evidence of financial security has been provided, as there are no ships registered under the Slovenian flag falling under the scope of these provisions. The Committee observes that there does not seem to be provisions implementing the requirement that shipowners shall provide evidence of financial security and that the certificate or other documentary evidence of financial security issued by a financial security provider shall be posted in a conspicuous place on board and easily available to the seafarers. Recalling that such provisions require the adoption of laws and regulations, the Committee requests the Government to indicate the measures taken to give effect to Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that, in reply to its previous request, the Government states that no ships registered under the Slovenian flag fall under the scope of these provisions. The Committee recalls that Regulation 4.3, paragraph 3, requires each Member to adopt laws and regulations and other measures addressing the matters specified in the Code, taking into account relevant international instruments, and set standards for occupational safety and health protection and accident prevention on ships that fly its flag. Referring to its comments under Article II of the Convention, the Committee accordingly requests the Government to indicate the specific legislative provisions and other measures that give effect to Regulation 4.3, paragraph 3, and to the detailed requirements of Standard A4.3. The Committee also requests the Government to provide information on the national guidelines for the management of occupational safety and health on board ships that are to be adopted after consultation with representative shipowners’ and seafarers’ organizations (Regulation A4.3, paragraph 2).

Regulation 4.5 and the Code. Social security. The Committee takes note of the information provided by the Government, in reply to its previous comment, that, during employment on board a ship, seafarers are covered by compulsory health insurance as “persons in an employment relationship in the Republic of Slovenia” under article 15(1) of the Health Care and Health Insurance Act. The duration of health insurance coverage under this article depends on the type of the employment contract concluded (indefinite duration employment contract, limited duration employment contract, single-voyage contract). Upon termination of the employment relationship, the employer must deregister the seafarer from compulsory social insurance schemes, including compulsory health insurance. In the event of termination of the employment relationship, a seafarer who no longer has a valid employment contract may be covered by compulsory health insurance: (i) as a family member on the basis of articles 20, 21 and 22 of the same Act; (ii) as “a person with permanent residence in the Republic of Slovenia if they do not meet the conditions for insurance under any of the points in paragraph one and pay their contributions themselves” on the basis of article 15(1) point 20 of the same Act; (iii) as “a citizen of the Republic of Slovenia or foreigner who has a permanent residence permit and who is entitled under the law governing the enforcement of rights from public funds to pay a contribution for compulsory health insurance” as provided for under article 15(1) point 21; or (iv) as an unemployed person who receives unemployment benefit from the Employment Service under article 15(1) point nine. The Government further indicates that family members of a seafarer may be insured through the seafarer as the insurance policy holder on the basis of articles 20, 21 and 22 of the Health Care and Health Insurance Act if they have their permanent residence in the Republic of Slovenia, while foreign family members may also be insured if they have a valid temporary residence permit in the Republic of Slovenia for at least three months. Exceptionally, if bilateral agreements concluded also provide for the insurance of family members, close family members may be insured even if they do not have their permanent residence in the Republic of Slovenia as provided for in article 20(3) of the same Act. The Committee takes note of this information, which addresses its previous request.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee takes note of the information provided by the Government, in reply to its previous comment, that, pursuant to article 15(1), point 4, of the Health Care and Health Insurance Act, persons insured under this Act include “persons with permanent residence in the Republic of Slovenia who are employed by foreign employers and who are not insured with a foreign insurance institution”. Furthermore, if a seafarer is an employee of a Slovenian employer that sends the seafarer to work for a foreign client on a vessel flying the flag of a third country, the seafarer is insured under article 15(1), point 2 of the Health Care and Health Insurance Act. Finally, the Government indicates that if the posted seafarer receives health services in a country where the EU rules on the coordination of social security systems or bilateral agreements do not apply, they must submit a claim for reimbursement to the Health Insurance Institute of Slovenia. In this case, the insured persons are entitled to health services to the extent and in accordance with the standard provided to insured persons in the Republic of Slovenia by law and the general acts of the Health Insurance Institute of Slovenia and at the average price of these services in the Republic of Slovenia. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.1 and Standard A5.1.1, paragraph 2. Flag State responsibilities. General principles. Copy of the MLC, 2006 on board. In its reply to the Committee’s previous comment, the government indicates that pursuant to article 154(5) of the Maritime code, all documents in accordance with the MLC, 2006 shall be made available to crew members on board the ship in Slovenian and English. Noting that article 154 of the Maritime code specifically regulates the conditions of employment agreements, the Committee requests the Government to specify whether this provision is to be restrictively interpreted and understood as referring to documents limited to the employment agreement or whether its scope is broader and refers to all documents required to be on board, in which case it includes the obligation to carry a copy of the Convention.

Regulation 5.1.3 and Standard A5.1.3, paragraphs 5-9. Flag State responsibilities. Interim Maritime Labour Certificate. The Committee notes that, in response to its previous request, the Government states that Standard A5.1.3, paragraphs 7 and 8 are directly applicable and shall be applied before issuing an interim certificate. While noting this information, the Committee requests the Government to specify if there are instructions addressed to flag State inspectors with respect to the scope of the prior inspection required in the case where interim certificates are issued.

Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Documents on board. In its reply to the Committee’s previous comment, the Government indicates that, pursuant to article 154(5) of the Maritime Code all documents in accordance with the MLC, 2006 shall be made available to crew members on board the ship in Slovenian and English. Referring to its comment under Regulation 5.1.1, the Committee requests the Government to specify whether article 154(5) is to be restrictively understood and interpreted as referring to documents limited to the employment agreement or whether it’s scope is broader and refers to all documents required to be on board, in which case it includes the obligation to post on board the ship the Maritime Labour Certificate and the DMLC, as required by Standard A5.1.3, paragraph 12.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 2 and 3. Flag State responsibilities. Qualified Inspectors. The Committee notes the Government’s indication, in reply to its previous request, that all maritime inspectors working within the Slovenian maritime administration are qualified as port state inspectors and are performing both, port and flag state control. The Government specifies that the general duties are regulated by article 182 of the Maritime Code. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Reporting on inspections. In its reply to the Committee’s previous comment, the government indicates that Standard A5.1.4, paragraph 12 is directly applicable. While noting this information, the Committee requests the Government to indicate how it ensures that the requirement that a copy of the report shall be posted on the ship’s notice board for the information of the seafarers, as required under Standard A5.1.4, paragraph 1, is given effect in practice.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board Complaints Procedures. In its reply to the Committee’s previous comment, the Government indicates that Regulation 5.1.5 is regulated under article 159.a of the Maritime code, whereas Standard A5.1.5, is directly applicable. The Committee observes that the Government has provided a model of the onshore complaints form instead of the on-board complaints procedure. Recalling that Standard A5.1.5 requires Members to ensure that, in its laws and regulations, appropriate on-board procedures are in place for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of the Convention, the Committee requests the Government to provide information on the measures adopted in order to give effect to the requirements of Standard A5.1.5.