Observación (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre los trabajadores migrantes (disposiciones complementarias), 1975 (núm. 143) - Eslovenia (Ratificación : 1992)

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The Committee notes the observations by the Association of Free Trade Unions of Slovenia (AFTUS) annexed to the Government’s report.

Articles 10, 12(e) and 14(a). Free choice of employment. The Committee previously noted concerns expressed by AFTUS that under the work permit system established by the Employment and Work of Aliens Act (Acts Nos 66/00, 101/05 and 52/07) foreign workers issued with an employment permit did not have the free choice of employment until they met the conditions for obtaining a personal work permit. The Committee notes that the Employment and Work of Aliens Act was further amended in 2009 and 2011 (Acts 46/2009 and 26/2011) and that under the new legislation citizens from the European Union (EU), the European Economic Area (EEA) and Switzerland, as well as foreigners with a permanent residence permit have free access to the labour market. Third-country nationals with a “personal work permit” have free access to the labour market during the three-year validity period while a foreigner with an “employment permit”, issued for a maximum of one year, continues to be tied to the employer to whom the permit is issued (section 10(2) and (3)). The employment permit can be renewed or reissued for a period not exceeding one year (section 25(1)). The Committee further notes that pursuant to section 22(3) a foreign worker with vocational training or who has acquired a national professional qualification in Slovenia who, in the past 24 months has been employed for at least 20 months, can apply for a personal employment permit (section 22(4)). The Government indicates in this regard that the foreigner who does not meet the condition of having at least vocational education may be integrated into the procedure of acquiring a national vocational qualification. Section 30(1) allows for some flexibility for foreigners with higher education for whom an employment permit or permit for work has been issued, to be employed by two or more employers. Recalling that Article 14(a) of the Convention allows the State to make the free choice of employment subject to temporary restrictions during a prescribed period not exceeding two years, and that Article 10 provides for the adoption of a national policy on equality of opportunity and treatment including with respect to access to vocational education, the Committee asks the Government to indicate the measures taken or envisaged to inform foreign workers with employment permits or permits for work of the possibility of acquiring a national vocational qualification, and provide information on the number of workers that have participated in such training. The Government is also requested to provide information on the number of migrant workers without vocational training or a national vocational qualification who are working under employment permits for a period exceeding two years.

National equality policy and integration of migrant workers in society. The Committee previously noted the need for systematic measures aimed at the integration of migrant workers and their families in society. The Committee notes the Government’s indication that the Decree on Aliens Integration No. 65/2008 provides for integration programmes intended for third-country nationals residing in Slovenia with a permanent residency permit and their family members, and for third-country nationals who have been residing in Slovenia on the basis of a temporary residence permit for at least two years and whose permit is valid for at least one year, and for their family members. The Committee also notes that a draft Decree amending and supplementing the Decree on Aliens Integration of 23 July 2010 would allow for inclusion in integration programmes of all third country citizens residing in Slovenia on the basis of a residence permit issued for at least one year and third-country citizens who are family members of Slovenian citizens or EEA citizens residing in Slovenia on the basis of a residency permit, regardless of its duration. The Committee notes that the programmes cover Slovenian language courses and courses on Slovenian history, culture and constitutional arrangements, and that between November 2009 and the end of May 2010, 600 third-country nationals attended. The Government also indicates that programmes have included workshops going beyond intercultural differences and address reasons for and consequences of discrimination and xenophobia. The Committee notes the observations by AFTUS that an effective integration policy of migrants should be based on the earliest possible integration into suitable programmes of integration and social inclusion and that free participation into language programmes and learning about Slovenia culture, history and constitution should be provided to all foreigners, including those with a temporary residence permit for a period less than a year. The Committee further notes that an Alien Integration Council was created in 2008 with a view to a coordinated and effective implementation of the measures for integration of foreigners, but that according to AFTUS the Council does not fulfil its purpose. The Committee asks the Government to provide information on the status of the adoption of the draft Decree amending and supplementing the Decree on Aliens Integration of 23 July 2010, and to indicate whether any consideration is being given to the concerns raised by AFTUS regarding the free participation of all foreigners, including those with a residency permit of less than a year in programmes of integration and social inclusion. Please also provide information on the activities of the Alien Integration Council.

The Committee is raising other points in a request addressed directly to the Government.