Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with interest the numerous legislative measures adopted during the reporting period. It notes in particular the various amendments to the Employment and Work of Aliens Act, the Aliens Act, the Citizenship of the Republic of Slovenia Act, the Prevention of Illegal Work and Employment Act, the Asylum Act and the Employment Relationships Act, as well as the adoption of the Employment and Insurance Against Unemployment Act (107/2006). The Committee is awaiting translation of most of these texts, which it will examine in detail together with the Government’s reply to the points raised below.

Article 1 of the Convention. Basic human rights of all migrant workers. Recalling the Government’s obligation, under Article 1 of the Convention, to respect the basic human rights of all migrant workers, regardless of their legal status in the country, the Committee requests the Government to provide information on the measures taken to ensure the effective application of this provision.

Articles 2 and 6. Measures to detect illegal employment of migrants and irregular migration, including trafficking, international cooperation and sanctions. The Committee notes with interest the extensive information on the labour inspection activities and the continuing joint action and collaborative efforts aimed at preventing illegal work and employment, carried out during the reporting period. The Committee notes that campaigns particularly focused on the retail sector, the catering industry, road transport, construction, horticulture and entertainment events, and on the performance of individual services by foreign legal persons and private individuals. The Committee further notes that the
2004–06 Action Plan of the Inter-Ministerial Working Group to Combat Human Trafficking defines the need to establish an appropriate methodology for collecting statistical data referring to work permits issued to foreign nationals in vulnerable occupations, such as dancers, entertainers, construction workers, as well as work permits issued for Chinese citizens.

The Committee further notes the Government’s indication that section 5 of the Aliens Act (No. 61/99) which provided the basis for formulating a migration policy has been amended by Act No. 87/02, and that the consolidated version of the Aliens Act (No. 107/06) no longer obliges the General Assembly to adopt a migration policy. Therefore the latest resolution on the migration policy of the Republic of Slovenia (No. 106/2002), reaffirms and upgrades the principles and objectives outlined in the 1999 resolution taking into count new approaches to developing a joint EU policy. With a view to implementing the migration policy measures, a special working group was appointed in 2003, the main task of which is to monitor migration trends, and based on their assessment, to propose appropriate measures, including warnings of deficiencies in existing legislation. The Committee further notes legislative and other measures taken to effectively prevent and detect irregular migration and cross-border crime and harmonize the national laws and regulations in this domain with the acquis of the European Union. The Committee asks the Government to continue to provide information on the measures taken to prevent and detect illegal employment and irregular migration, as well as information on the sanctions imposed and specific remedies provided to victims of trafficking. Please also provide specific details on the implementation of the 2004-06 Action Plan of the Inter-Ministerial Working Group to Combat Human Trafficking, and Resolution on the Migration Policy of the Republic of Slovenia (No. 106/2002).

Article 7. Consultation of workers’ and employers’ organizations. While noting the information on the Economic and Social Council, the Committee would be grateful if the Government could provide more specific details on how employers’ and workers’ organizations have been consulted with respect to measures taken to detect illegal migration and employment of migrants in abusive conditions.

Article 8(1). Non-return in the event of loss of employment. With respect to its previous comments regarding loss of employment of migrant workers with an employment permit, the Committee notes the Government’s indication that the right of a holder of an employment permit or a permit for work to stay in the country after the termination of the employment relationship depends on the whether the migrant workers has other legal grounds for staying in Slovenia under the Aliens Act. If the holder of an employment permit meets the requirements of the Employment and Insurance against Unemployment Act (No.107/2006) – being in an employment relationship for at least 12 months in the past 18 months, he or she is entitled to financial compensation for three months after the termination of the employment relationship, and may stay in Slovenia while receiving compensation. If the person finds new employment during that time, the new employment permit constitutes grounds for extending the residence permit. With respect to migrant workers for seasonal work (permit for work), their employer may file an application for the regular employment of the worker before cessation of validity of the permit for seasonal work. Awaiting translation of the Aliens Act, the Committee asks the Government to specify the legal grounds under which a holder of an employment permit who has lost his or her employment may continue to stay in Slovenia. Please provide further information regarding the measures to ensure that workers with an employment permit who lost their employment and who do not meet the requirements of the Employment and Insurance against Unemployment Act (No. 107/2006, as well as workers with a permit for work shall not be regarded as irregular workers by the mere loss of their employment.

Article 9(3). Costs of expulsion. In reply to its previous comments regarding section 62 of the Aliens Act, the Committee notes the Government’s explanation that the costs of expulsion are charged to the budget of the Republic of Slovenia in the event that the alien does not have funds of his or her own. The Committee wishes to draw the Government’s attention to paragraph 310 of its General Survey of 1999 on migrant workers, spelling out that: (a) if the migrant worker is in an irregular situation for reasons which cannot be attributed to him or her, the cost of his or her return, as well as the return of family members, including transport costs, should not fall upon the migrant; and (b) if, on the contrary, the migrant worker is in an irregular situation for reasons which can attributed to him or her, only the costs of expulsion may not fall upon the migrant. The Committee invites the Government to take adequate steps to bring the legislation into line with the Convention, and report on the progress made.