Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

Article 1 of the Convention. Collective bargaining in the public sector. In its previous comment, the Committee requested the Government to provide its comments on the observations of the Confederation of Public Sector Trade Unions of Slovenia, according to which the unilaterally adopted 2006 amendment to section 42 of the Salary System in the Public Sector Act (ZSPJ) allowed the Government to conclude the collective agreement for the public sector even if signed by most minority trade unions that may not even represent 10 per cent of the employees in the public sector.

The Committee notes the Government’s indications that: (i) section 42 of the ZSPJ was again amended in 2010 and lays down that a collective agreement for the public sector or amendments thereto shall be concluded when signed by the Government and the majority of the representative trade unions of the public sector representing at least four different public sector areas (paragraph 1); if not, it shall suffice for it to be considered concluded if signed by the Government and the representative public sector trade unions of at least four different areas of activity with cumulative membership exceeding 40 per cent of the total number of public sector employees to which the collective agreement applies (paragraph 2); (ii) in a review of constitutionality initiated by the Confederation of Trade Unions of Slovenia (PERGAM), the Constitutional Court decided in 2012 that the first to tenth paragraphs of section 42 are contrary to the Constitution and instructed the National Assembly to remedy this inconsistency within two years; in the meantime, the existing provision shall continue to apply; and (iii) negotiations between the representative public sector trade unions and the Government regarding the amendment of the provisions concerning the quorum for the conclusion of the collective agreement for the public sector or its amendments started at the beginning of 2014, and agreement has not yet been reached.The Committee requests the Government to provide information on the outcome of the negotiations and on the amendment to section 42 of the ZSPJ adopted in light of the Constitutional Court decision.