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Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Slovenia (Ratification: 1992)

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Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3 of the Convention. Articles of agreement. The Committee had requested the Government to indicate the measures taken to implement Article 3(2) of the Convention according to which fishers shall sign the agreement under conditions which shall be prescribed by national law in order to ensure adequate supervision by the competent public authority. The Committee takes note of the Government’s statement in its report that the issue is the subject of a comprehensive regulation in the amended Maritime Code, which entered into force recently and that it will provide more detailed information in its next report. Furthermore, the Committee notes Council Directive (EU) 2017/159 of 19 December 2016 implementing the agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (COGECA), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche). According to its Article 4(1), Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 November 2019. In light of the above, the Committee requests the Government to provide detailed information on how the amended Maritime Code gives effect to the requirements of the Convention and on any new laws or regulations adopted in the context of the implementation of the above mentioned Directive.

Finally, the Committee requests the Government to provide a copy of a specimen of the fisher’s naval booklet and of the fisher’s employment agreement currently in use.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3(6) of the Convention. Registration of the articles of agreement. Further to its previous comment, the Committee notes the Government’s indication that the regulations envisaged under section 218(2) of the Employment Relationships Act (Official Gazette No. 42/2002), as amended, concerning the contents, method and procedure for the registration of the seafarers’ employment contracts have not yet been adopted. The Government further states that extensive amendments to the legislation concerning the employment of seafarers and fishers are currently under preparation. The Committee requests the Government to keep the Office informed of any progress made in the revision of legislation on seafarers’ employment.

Article 5. Record of employment. The Committee notes the Government’s indication that the requirement for an employee to possess an employment booklet was abolished as of 1 January 2009 by virtue of the Act Amending the Employment Relationships Act (Official Gazette No. 103/07). The Government further states that this Article of the Convention is now given effect through section 153 of the Maritime Code which requires every crew member to carry a seafarer’s book and defines the seafarer’s book as a personal document that attests to the crew member’s professional education, health status, position on board the ship and period of employment. The Committee requests the Government to transmit a specimen copy of the seafarer’s book currently delivered to fishers and containing a record of their employment.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3(6) of the Convention. Registration of the articles of agreement. Further to its previous comment, the Committee notes the Government’s indication that the regulations envisaged under section 218(2) of the Employment Relationships Act (Official Gazette No. 42/2002), as amended, concerning the contents, method and procedure for the registration of the seafarers’ employment contracts have not yet been adopted. The Government further states that extensive amendments to the legislation concerning the employment of seafarers and fishers are currently under preparation. The Committee requests the Government to keep the Office informed of any progress made in the revision of legislation on seafarers’ employment.

Article 5. Record of employment. The Committee notes the Government’s indication that the requirement for an employee to possess an employment booklet was abolished as of 1 January 2009 by virtue of the Act Amending the Employment Relationships Act (Official Gazette No. 103/07). The Government further states that this Article of the Convention is now given effect through section 153 of the Maritime Code which requires every crew member to carry a seafarer’s book and defines the seafarer’s book as a personal document that attests to the crew member’s professional education, health status, position on board the ship and period of employment. The Committee requests the Government to transmit a specimen copy of the seafarer’s book currently delivered to fishers and containing a record of their employment. The Committee recalls that the requirement for maintaining a record of employment for every fisher is now reflected in similar terms in Article 17 of the Work in Fishing Convention, 2007 (No. 188), while the provision for a record of service to be made available to the fisher concerned, or to be entered in the fisher’s service book, at the end of each contract is incorporated in Paragraph 12 of the Work in Fishing Recommendation, 2007 (No. 199).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition
Article 3(2) of the Convention. Registration of the articles of agreement. The Committee notes the Government’s indications that the implementing regulations envisaged in article 218(2) of the Employment Relationships Act (Official Gazette RS No. 42/2002) establishing the procedure for the registration of the employment contract has not yet been adopted. The Committee requests the Government to keep it informed of any development in this respect and to provide a copy of the regulations when they have been adopted.
Article 5. Employment booklet. The Committee notes that under article 239(1) of the Employment Relationships Act, the Rules on the Employment Booklet remain in force until the adoption of the executive regulations envisaged in article 224(3) of the Act, unless they are contrary to the Act. While noting the copy of the employment booklet currently in use, the Committee requests the Government to provide a copy of the Rules on the Employment Booklet currently in force (Official Gazette RS Nos 32/91-I, 47/92, 14/95, 35/95 and 57/98). The Government is also asked to provide information on the process of the adoption of the executive regulations envisaged under article 224(3) of the Employment Relationships Act and to provide a copy when it has been adopted.
Article 7. Crew list. The Committee notes that article 150 of the Maritime Code of 2004 provides for a crew list to be kept. It also notes that, according to the indications provided by the Government in its report, the maritime inspector checks whether seafarers working on board a vessel are entered on the crew list. The Committee requests the Government to specify whether the articles of agreement shall be recorded in or annexed to the crew list, as envisaged in this provision of the Convention.
Part V of the report form. Practical application. The Committee notes the information provided by the Government concerning employment in the fishing sector. The Committee requests the Government to continue providing general information on the application of the Convention in practice including, for instance, extracts from the reports of the inspection and registration services, as well as statistics on the number of fishers signed on each year, the number and nature of the contraventions of the labour legislation in the fishing sector reported, etc.
The Committee also draws the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which was adopted by the International Labour Conference at its 96th Session (June 2007) and revises and updates most ILO instruments on fishing, including Convention No. 114. The Committee invites the Government to give favourable consideration to the ratification of Convention No. 188 and to keep the Office informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the detailed information provided by the Government in reply to its previous comment and, in particular, the adoption of the new Maritime Code (Official Gazette RS No. 37/2004) and the Marine Fisheries Act (Official Gazette RS No. 58/2002). It would be grateful to receive further particulars on the following points.

Article 3, paragraph 2, of the Convention. Registration of the articles of agreement. The Committee notes the Government’s indications that the implementing regulations envisaged in Article 218(2) of the Employment Relationships Act (Official Gazette RS No. 42/2002) establishing the procedure for the registration of the employment contract has not yet been adopted. It requests the Government to keep it informed of any development in this respect and to provide a copy of the regulations when they have been adopted.

Article 5. Employment booklet. The Committee notes that under Article 239(1) of the Employment Relationships Act, the Rules on the Employment Booklet remain in force until the adoption of the executive regulations envisaged in Article 224(3) of the Act, unless they are contrary to the Act. While noting the copy of the employment booklet currently in use, the Committee requests the Government to provide a copy of the Rules on the Employment Booklet currently in force (Official Gazette RS Nos 32/91-I, 47/92, 14/95, 35/95 and 57/98). The Government is also asked to provide information on the process of the adoption of the executive regulations envisaged under Article 224(3) of the Employment Relationships Act and to provide a copy when it has been adopted.

Article 7. Crew list. The Committee notes that Article 150 of the Maritime Code provides for a crew list to be kept. It also notes that, according to the indications provided by the Government in its report, the maritime inspector checks whether seafarers working on board a vessel are entered on the crew list. The Committee requests the Government to specify whether the articles of agreement shall be recorded in or annexed to the crew list, as envisaged in this provision of the Convention.

Part V of the report form. The Committee notes the information provided by the Government concerning employment in the fishing sector. It requests the Government to continue providing general information on the application of the Convention in practice including, for instance, extracts from the reports of the inspection and registration services, as well as statistics on the number of fishers signed on each year, the number and nature of the contraventions of the labour legislation in the fishing sector reported, etc.

The Committee also draws the Government’s attention to the new Work in Fishing Convention, 2007 (No. 188), which was adopted by the International Labour Conference at its 96th Session (June 2007) and revises and updates most ILO instruments on fishing, including Convention No. 114. The Committee requests the Government to pay all due attention to this new global instrument on the working and living conditions of fishers and to keep the Office informed of any decision which it might take with a view to its ratification.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided in the Government’s first two reports. It also notes that the entry into force on 1 January 2003 of the new Employment Relationships Act (ZDR). To enable the Committee to make a proper assessment of the application of the Convention, the Government is requested to provide further explanations on the following points.

Article 1 of the Convention. The Committee notes the Government’s reference to a new Act amending the Marine Fisheries Act (Official Gazette
No. 41/1999). As this document is not available at the Office, the Committee requests the Government to transmit a copy.

Article 2. The Committee notes that the new Employment Relationships Act of 2002 (Official Gazette No. 42/2002) contains a specific section on the "employment contract for seafarers" (sections 218-223), but it is not clear whether the term "seafarers" covers also fishers. The Committee would appreciate receiving clarifications in this regard.

Article 3, paragraph 3. The Committee notes that section 218(2) of the Employment Relationships Act provides that the minister responsible for maritime affairs shall lay down the contents, the method and the procedure of registration of the employment contract for a seafarer. To the extent that this provision applies also to employment contracts of fishers, the Committee asks the Government to specify whether the ministerial regulations have already been issued, and, if so, to transmit copies of all relevant documents.

Article 5. The Committee notes that section 224(3) of the Employment Relationships Act provides that the minister responsible for labour shall lay down the contents and the form of an employment booklet, the procedure of issuing an employment booklet, the method of recording the data, the procedure of exchange of the employment booklet, and record-keeping of issued employment booklets. As this provision in itself does not guarantee the application of this Article of the Convention, the Committee would be grateful if the Government would provide additional information on the procedure and method of record-keeping, including a sample employment booklet.

Article 6. The Committee notes that section 29 of the Employment Relationships Act enumerates the particulars to be contained in an employment contract. It also notes that under section 218(2) of the Act, the minister responsible for maritime affairs shall lay down the contents of the employment contract for a seafarer. The Committee therefore requests the Government to clarify whether the fishers’ articles of agreement are regulated by the general provisions of Part II(6) of the Employment Relationships Act or the specific provisions of Part VII(3) on seafarers.

Article 7. The Committee asks the Government to clarify whether and how it is ensured that crew lists are carried on board fishing vessels and that the fishers’ articles of agreement are either recorded in or annexed to those lists.

Article 12. The Committee notes the Government’s reference to the
General Collective Agreement for Commercial Activities (Official Gazette
No. 40-2205/1997) as being applicable to the fisheries sector. As this Agreement was bound to remain in effect until 31 December 1999, the Committee requests the Government to specify whether it has since been renewed, and, if so, to transmit a copy of the collective agreement currently in effect.

Part V of the report form. The Committee notes that according to the Government’s indications, the entire fishing industry is under great strain since Slovenia’s independence, the fishing area being extremely limited and the number of fishers diminishing. The Committee requests the Government to continue supplying up-to-date information on the capacity of the country’s fishing fleet and the number of workers covered by the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information contained in the Government's report, and particularly the fact that Slovenian fishing vessels do not operate in international waters, but only within the limits of national territorial waters (200 square kilometres), and that their voyages are short. It also notes that only 28 fishermen are employed under the general provisions of the Labour Relations Act by the company Riba d.o.o. d'Izola.