Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 81) sur l'inspection du travail, 1947 - Slovénie (Ratification: 1992)

Autre commentaire sur C081

Observation

Demande directe

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Article 3(1)(a), (b) and (2) of the Convention. Functions entrusted to labour inspectors. 1. Labour inspection activities in the area of undeclared work. The Committee notes the definition of the term “undeclared employment” in section 5 of the Prevention of Undeclared Work and Employment Act, which includes, among other things, the failure to conclude employment contracts with workers and register them with the health, pension and disability insurance (section 5(1), first indent). The Committee also notes that that pursuant to 5(3) of the Prevention of Undeclared Work and Employment Act, labour inspectors are empowered to establish cases of undeclared employment as defined in section 5(1), first indent, after which the employer must provide a written contract of employment for an indefinite period to the worker. The Committee asks the Government to provide statistical information on the activities carried out by the labour inspectorate in the area of undeclared work and their outcome. In particular, please provide information on the number of cases in which formal employment contracts have been concluded and workers have been registered with the social security authorities pursuant to the measures taken by labour inspectors.

2. Labour inspection activities with regard to foreign workers. The Committee notes that the Government indicates in its report that the actions taken by labour inspectors with regard to section 60 in connection with section 66 and 67 of the Employment and Work of Foreigners Act (ZZDT-1) depend on the particularities of each case. The Committee recalls that these provisions provide that labour inspectors can fine foreign workers for the performance of work without a valid work permit.

The Committee further notes the Government’s reference to section 50 of the Act on Foreigners (ZTVj-2), as to the applicable regulations concerning the rights of foreign workers who are victims of illegal employment. In accordance with section 2 of the ZZDT-1, victims of illegal employment are under-age foreign workers residing illegally in the country or foreign workers residing illegally in the country and being employed under particularly exploitative working conditions. The Committee notes that in accordance with section 50 of the ZTVj 2, victims of illegal employment may be entitled to certain rights, if they are participating as witnesses in criminal proceedings against their employers or have lodged an action for the enforcement of employment rights. These rights include the granting of: temporary stay; temporary residence permit; free translation and interpretation; and health insurance and basic care and the right to work, where these workers have no means of subsistence.

The Committee notes from the Government’s indications that labour inspectors do not intervene in the court procedures brought by workers to assert their outstanding wages and that the residency status of workers is without prejudice to the existence of a claim and the legitimacy for asserting it.

Recalling that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the protective objective of labour inspection, the Committee requests the Government to indicate what measures exist or are envisaged to ensure that the activities of the labour inspectorate targeted at the enforcement of the obligations of foreign workers under the ZZDT-1 to hold a valid work permit do not prejudice the exercise of its primary duty to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers. In this regard, the Committee asks the Government to continue to provide information on the number of violations detected under the ZZDT-1 and to indicate the practical steps taken by the labour inspectorate in each case (number and amount of fines imposed on foreign workers found to be working without the required work permit, notification of other public entities, regularization of the situation of foreign workers and/or information of, and assistance with, any rights they are entitled to, etc.). Finally, it requests the Government to provide statistical information on the rights granted to foreign workers under the ZTVj-2, and on the number of decisions made to settle any outstanding claims of foreign workers found to be illegally employed, such as the payment of wages and any other benefits owed for the work performed in the framework of their employment relationship. This information should also be provided with regard to workers that have not been considered as victims of trafficking or victims of illegal employment and who are liable to expulsion or have been expelled.

3. Mediation and conciliation duties. The Committee notes that, following amendments to the Employment Relationships Act in 2013, labour inspectors are now empowered, in accordance with section 215 of the Act, to order the suspension of the termination of an employment relationship until the expiry of the time limit set for mediation or arbitration. The Committee asks that the Government provide information on whether the new powers contained in section 215 of the Employment Relationships Act have had an impact on the number of mediation cases dealt with by labour inspectors. It requests that the Government indicate the proportion of time devoted to the settlement of disputes pursuant to section 216 of the Employment Relationships Act, compared to the time devoted to the exercise of the principal functions of labour inspectors as defined in Article 3 of the Convention.

4. Creation of a new inspection branch for the control of professional certification processes and the control of temporary employment agencies. The Committee notes the Government’s indication that the inspection for employment branch was not established during the reporting period, but that individual inspectors carry out such inspections on the basis of a special authorization (under the Labour Market Regulation Act and the National Professional Qualifications Act). It therefore once again requests that the Government provide information on the organizational structure and mandate of the new inspection service, as well as on whether it will be composed of existing or newly recruited specialized staff, so as to ensure that there will be no adverse effect on the fulfilment of inspection tasks by the staff of the existing labour inspection branches (OSH, labour relations and social security).

Article 5(a). Effective cooperation between inspection services and other government services engaged in similar activities. 1. Cooperation with the judicial authorities. The Committee notes the Government’s indications that court decisions in appeal procedures against the non-compliance decisions of labour inspectors concerning minor offences are made available to labour inspectors and are considered in the work of the labour inspectorate. However, according to the Government, the results of criminal complaints lodged with the competent State Prosecutor’s Office are normally not made available to the labour inspectorate. The Committee asks the Government to provide further information on the measures taken or envisaged to promote effective cooperation between the labour inspection services and the justice system (content and duration of any joint training with the public prosecutor’s offices and judges; any measures taken following relevant joint meetings in order to standardize and improve criminal and minor offence procedures; and establishment of a system for the registration of court decisions that is accessible to the labour inspectorate, etc.) as well as information on the outcome of the cases referred to the justice system by the labour inspectorate (number of convictions in relation to the infringements reported, nature of sanctions applied, amount of fines imposed, etc.).

2. Inspection board. The Committee notes the Government’s information on the composition and mandate of the Inspection Board. The Committee once again asks the Government to provide a summary of the discussions, activities and decisions of the Inspection Board during the next reporting period, as well as the involvement of the social partners therein.

Article 14. Notification of industrial accidents and cases of occupational disease. Noting the Government’s indications that the Rules on reports in the field of health and safety at work have been adopted, the Committee requests the Government to provide a copy thereof.