Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

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

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Observación

Solicitud directa

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Articles 2–6 of the Convention. Measures to address illegal employment of migrants and irregular migration. The Committee notes the information provided by the Government on the findings of the labour inspection services in 2010 and 2011 which show a decrease in the number of violations of the Employment and Work of Aliens Act (old and new Acts) and the Prevention of Undeclared Work and Employment Act (160 in 2011 and 224 in 2010, compared to 340 in 2009), as a result of the slowing down of activities in Slovenia, in particular in the construction sector. The Government indicates that, in 2011, more violations were detected through cooperation with administrative units and the employment service than through direct inspections further to the reporting of suspected violations. It further indicates that the Act amending the Prevention of Undeclared Work and Employment Act 2012, which implements Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals, entered into force on 28 July 2012. The Committee understands that a new Bill on the Prevention of Undeclared Work and Employment was discussed within the Tripartite Economic and Social Council in August 2013. The Committee asks the Government to provide information on the sanctions and measures against employers provided under the Amendment to the Prevention of Undeclared Work and Employment Act adopted in 2012 and the status of adoption and the content of the new Bill on the Prevention of Undeclared Work and Employment.

The Committee notes the Government’s indication that there has been a growing number of cases of labour exploitation in recent years, related to criminal offences in the area of economic and organized crime, as well as an increase in unauthorized stays and organized migration by means of deception. The number of criminal offences relating to employment relationships, social security and violations of fundamental rights of employees under section 196 of the Criminal Code rose from 425 in 2010 to 1,301 in 2011, and migrant workers suffer mainly from non-payment of wages or social contributions and non-payment of overtime. The Government further indicates that the number of criminal offences relating to border crossing, under section 308 of the Criminal Code, also increased in 2012. The Committee notes however that the Government does not provide information on the prosecution of, and sanctions imposed against, offenders. The Committee asks the Government to provide information on the proposal to amend the Criminal Code with respect to the organization of irregular migration, and on the status of the adoption of the amendment to the Code. It once again asks the Government to indicate the measures taken to suppress clandestine movements of migrants and against the organizers of such movements, including measures to allow prosecution of authors of labour trafficking whatever the country from which they operate and specific measures for systematic contact and exchange of information, whether under the Action Plan on Trafficking in Human Beings for 2010–11 or otherwise. The Committee once again asks the Government to provide information on the number of persons involved in labour trafficking who have been prosecuted under the relevant legislation, including information on whether they have been prosecuted regardless of the country they operate from, and the sanctions imposed.

Article 8(1). Legal status in the case of loss of employment. The Committee understands that the loss of employment has no effect on the residence status of a foreigner who has a personal work permit. The Committee notes that, in accordance with section 56(2) of the Aliens Act of 2011, a residence permit issued for the purpose of employment or other work shall not be annulled by virtue of an expired work permit during the first three months of the invalidity of this work permit if the foreigner’s employment which lasted at least one year was terminated involuntarily and the foreigner has been registered as a jobseeker. It also notes that, under the Labour Market Regulation Act, registration as a person seeking employment is possible for a foreigner with a personal work permit and a foreigner who is a citizen of a third country and who is entitled to cash benefits during unemployment. The Committee asks the Government to indicate which migrant workers are entitled to cash benefits during unemployment. It further asks the Government to clarify the legal status, in terms of residence, of third country nationals who lose their employment within the first year of their employment. Please also specify the number of foreigners who have been able to avail themselves of section 56(2) of the Aliens Act.

Article 9(3). Costs of expulsion. The Committee notes with regret that the Government did not seize the opportunity of the adoption in 2011 of the new Aliens Act to amend the provisions relating the costs of expulsion. Section 84(1) of the Aliens Act provides that foreigners who have their own funds shall be obliged to bear the costs of their sustenance and accommodation and the costs of deportation to the extent of their own funds. Pursuant to section 84(2), the foreigner shall be obliged to deposit his or her funds when accommodated at the Centre and may request a part of his or her deposited funds be reimbursed “in view of satisfying essential personal needs”. The Committee asks the Government to take the necessary measures to amend section 84 of the Aliens Act 2011 so as to ensure that when a migrant worker is in an irregular situation for reasons that cannot be attributed to him or her, the costs of return, as well as the return of family members, including transport costs, shall not fall upon him or her; and if the migrant worker is in an irregular situation for reasons which can be attributed to him or her, the costs of expulsion do not fall upon the migrant.

Articles 10 and 12. National policy on equality. The Committee notes the information provided by the Government on the implementation of the Equal in Diversity project, according to which awareness-raising activities on multiple discrimination and measures to combat harmful practices were carried out, and the website of the Advocate of the Principle of Equality, and related didactic material on non-discrimination introduced. The Committee welcomes the information provided by the Government concerning efforts made by the Advocate to foster the dissemination of essential information through the distribution of leaflets in various languages, and to improve its accessibility, including through a free telephone line for victims of discrimination. The Committee takes note of the views of the Advocate, transmitted by the Government with its report, which points out the lack of a comprehensive strategy for non-discrimination, including the absence of a policy against racism, the lack of an efficient system of protection in terms of access to procedures and remedies, and financial and organizational resources of the Advocate, and the absence of a system of assessing preventive measures. The Committee asks the Government to continue to provide information on the measures taken or envisaged to implement a national policy on equality of opportunity and treatment between migrant workers lawfully in the country and nationals with respect to the matters set out in Article 10, including specific measures to address racism and promote tolerance, and the results achieved.

The Committee notes the Government’s indication that the “Agreement between the Republic of Slovenia and Bosnia and Herzegovina on Employing Citizens from Bosnia and Herzegovina in the Republic of Slovenia”, which regulates the conditions and procedures of employment of citizens from Bosnia and Herzegovina, is not yet being implemented and that it is not discriminatory. While noting this statement, the Committee asks the Government to clarify the impact of an absence of six months or more from the Slovenian territory provided by the Agreement in terms of rights, when the migrant worker returns to Slovenia to take up a new temporary employment under the Agreement.

Measures for the integration of migrant workers in society. The Committee notes from the Government’s report that “the Council for the Integration of Aliens”, which makes recommendations to the Government, stated that more emphasis should be put on the systematic awareness raising of the majority of the population, but also of staff of relevant institutions such as the Employment Service, social work and medical centres and educational institutions, on intercultural dialogue, human rights of migrants and the importance of integration of foreigners in the society. It further emphasized that all possibilities for integration and spreading the relevant information for fast and successful integration should be researched. The Committee notes from the 2012 Migration Office Report, that the new Decree on ways and scope of providing programme support for integration of non-European Union nationals (Official Gazette No. 70/2012) to which the Committee previously referred, replaces the Decree on Aliens Integration and specifies the qualification requirements for free-of-charge language and societal programmes which immigrants can begin attending immediately after their arrival in the country. In 2012, a total of 1,548 certificates qualifying immigrants to engage in Slovenian language courses were issued. The report further indicates that the integration programmes target specific immigrant groups, such as parents with children at school or women. It also mentions a programme focusing on active integration of third-country nationals through Slovenian employers. Noting the efforts made by the Government with respect to the integration of migrant workers in society, the Committee asks the Government to provide information on the 2012 Decree on ways and scope of providing programme support for integration of non-European Union nationals, including conditions of access to the integration programmes in terms of residence requirements, and its implementation in practice. Please also provide specific information on the programme focusing on active integration of third country nationals through Slovenian employers and its impact in terms of employment of migrant workers. The Committee also asks the Government to provide information on any measures taken to follow up on the recommendations made by the Council for the Integration of Aliens and on any activities carried out by the Council with respect to migrant workers.

Article 14(a). Free choice of employment. In its previous comments, the Committee recalled that a foreigner with an employment permit, issued for a maximum of one year, continued to be tied to the employer to whom the permit was issued, whereas migrant workers with a personal work permit have free access to the labour market during the three-year validity period of such a permit. The Committee notes the Government’s indication that the main reason why migrant workers decide to acquire a National Vocational Qualification (NVQ) is to obtain a personal work permit and that foreigners are informed of this possibility through online information and at the INFO point for foreigners. The Committee asks the Government to clarify whether it is possible for third country nationals who are employed under employment permits and do not undertake the procedure to acquire an NVQ, to be employed beyond a period exceeding two years under an employment permit and, if so, if they are obliged to stay with the same employer. The Committee asks the Government to provide information on the number and country of origin of third-country nationals who have been able to obtain a personal work permit, per year, after acquiring an NVQ.

Enforcement. Equality body. The Committee notes the Advocate of the Principle of Equality’s views that, due to significant under-reporting, the overall number of discrimination cases reported to its office remains very low: since 2007, only 21 cases of racial/ethnic discrimination have been reported, and all were closed as in none of them was racial discrimination established. The Advocate also indicates that the low number of complaints may also reflect the general lack of trust from victims of discrimination in the ability of the authorities to provide them with effective protection. The Committee also asks the Government to provide information on the measures taken to improve access of migrant workers to enforcement mechanisms, including the Advocate of the Principle of Equality, and obtain remedies, and to reduce under-reporting of discrimination cases. The Committee asks the Government to continue to provide information on the enforcement of the equal treatment and non-discrimination legislation with respect to migrant workers, including any cases brought by migrant workers to the courts or to the office of the Advocate, and the outcome of these cases.