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

The Committee notes the information contained in the Government’s report. It further notes the comments submitted by the Association of Free Trade Unions of Slovenia referring to certain acts of anti-union discrimination against trade union representatives in the private sector which, in practice, are difficult to prove. The Committee requests the Government to provide its observations thereon.

Article 2 of the Convention. Protection against acts of interference. In its previous direct request, the Committee had concluded that the protection against acts of interference afforded by articles 42 (right to associate) and 76 (free establishment, and functioning of, and membership in trade unions) of the Constitution, as well as section 6 of the Representativeness of Workers’ Unions Act (providing that independence from employers is one of the characteristics of a representative trade union) was not sufficient. The Committee therefore requested the Government to take measures to ensure that its legislation contained specific provisions ensuring adequate protection to workers’ organizations against acts of interference by employers or employers’ organizations in the establishment, functioning or administration of trade unions, coupled with effective and sufficiently dissuasive sanctions. The Committee notes that the Government once again refers to the abovementioned legislative provisions, which, in its opinion, guarantee freedom of functioning of trade unions and states that problems related to interference do not arise in practice. The Government will nevertheless study the possibility of introducing additional legislative provisions that would address the Committee’s concerns. The Committee hopes that the Government will take the necessary measures in order to adopt specific provisions ensuring adequate protection to workers’ organizations against acts of interference in their establishment, functioning and administration by employers or their organizations, and providing for effective and sufficiently dissuasive sanctions. It requests the Government to indicate any developments in this respect.