Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Eslovenia

Convenio sobre las vacaciones pagadas (revisado), 1970 (núm. 132) (Ratificación : 1992)
Convenio sobre el trabajo a tiempo parcial, 1994 (núm. 175) (Ratificación : 2001)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 132 (annual paid holiday) and 175 (part-time work) together.

Annual holidays with pay

Article 7 of Convention No. 132. Holiday pay. The Committee notes that in reply to its previous comments, the Government indicates that pursuant to Article 131 of the Employment Relationships Act (ZDR-1), workers are entitled to annual leave allowance of at least the minimum wage paid by 1 July at the latest, but that branch collective agreements may provide for a higher annual leave pay and earlier payment. The Government also indicates that the annual leave allowance is a one-off benefit, which should be distinguished from the 100 per cent of salary compensation that the worker is entitled to during the period of absence due to annual leave. The Committee observes that the Employment Relationships Act (ZDR-1) seems to contain no provisions providing that very person taking the holidays receives in respect of the full period of that holiday at least his normal or average remuneration and that holiday remuneration must be paid in advance of the holidays, as required by Article 7(1) and (2).The Committee requests the Government to: (i) clarify whether the allowance foreseen in Section 131 of the Employment Relationships Act is paid to workers on top of the remuneration due to them during their full period of holiday and that this is equivalent to at least their normal or average remuneration; (ii) indicate whether such remuneration is effectively paid in advance of the holiday; and (iii) indicate any legal provision giving effect to Article 7 of the Convention, if any.

Part-time work

Article 5 of Convention No. 175. Working conditions for part-time workers. Wages. The Committee notes that in response to its previous comments, the Government gives detailed explanations as to how the provisions on part-time employment of pensioners of the Labour Market Regulation Act give effect to the requirements of the Convention concerning the basic wage and other working conditions of part time workers. The Committee notes this information which replies to its previous request.

Article 7. Working conditions of part-time workers. Maternity. Termination of employment. Paid annual leave and paid public holidays. Sick leave. The Committee notes the Government’s indication that, according to section 27a(2) of the Labour Market Regulation Act, the relevant provisions of the Employment Relationships Act shall apply to temporary or occasional work of pensioners. The Government also indicates that while pensioners retain their pensions when they work part-time, the specific contractual conditions under which they work (resulting from a non-standard employment relationship) could limit the application of some employment protections regulated by Article 7. The Committee requests the Government to indicate how it is ensured, in law and in practice, that pensioners working part-time receive conditions equivalent to those of comparable full-time workers in the fields described under Article 7, where applicable, and to provide concrete examples of the application of this Article to the above-mentioned workers.