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Migration for Employment Convention (Revised), 1949 (No. 97) - Slovenia (RATIFICATION: 1992)

Other comments on C097

Observation

Direct Request

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Migration policy. The Committee asks the Government to provide information on the content of the Strategy of Economic Migration for the period 2010–20 and on its implementation and the results thereof, in so far as it gives effect to the provisions of the Convention.

Articles 2 and 4 of the Convention. Provision of accurate information and assistance. The Committee notes that the Government confirms that the services offered by the “INFO point” for foreigners are free of charge. The Committee also understands from the Government’s report under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), that this is a project co financed by the European Social Fund, which has been extended until September 2015. The Committee asks the Government to continue to provide information on the measures taken to provide free assistance and accurate information to migrant workers and asks the Government to provide information on the measures taken to ensure the funding and the functioning of the INFO point for foreigners after September 2015.

Article (6)(1)(a)(i) of the Convention. Equal treatment with respect to conditions of work. In its previous comments, the Committee noted the concern raised by the Association of Free Trade Unions of Slovenia (AFTUS) that allowing foreign workers with an employment permit to work only for the employer who obtained the permit increased the employer’s opportunity to exploit them with respect to conditions of work. The Committee understands from the Government’s report that, when issuing a new employment permit, “the Employment Service of Slovenia verifies the employer’s compliance with statutory conditions, the purpose of which is to prevent the employment of aliens by employers who have poor credentials and thus to decrease potential violations of workers’ rights”. The Government states that a migrant worker is not limited to one employer but has the right to freely choose an employer, and is not therefore in a dependent position. Noting this information, the Committee asks the Government to clarify the obligation of the Employment Service with respect to the content and the extent of the verification of employers’ compliance with the “statutory conditions” when issuing employment permits. It also asks the Government to clarify the conditions in which a migrant worker is entitled to change employer without being obliged to leave the country, indicating the legal provisions applicable. Emphasizing the important role of the labour inspection services and other enforcement authorities in this respect, the Committee once again asks the Government to indicate the specific measures taken to ensure full application to migrant workers of the labour law provisions concerning remuneration, hours of work, overtime arrangements, rest periods and annual leave, so as to ensure that migrant workers are not treated less favourably than nationals with respect to such terms and conditions. Please continue to provide information on the number and nature of violations found particularly in sectors or occupations employing workers with an employment permit, and an indication of the sanctions imposed.

Article 6(1)(a)(iii). Equal treatment with respect to accommodation With respect to housing conditions of migrant workers and the need to strengthen supervision in this regard, as raised by the AFTUS, the Committee notes the Government’s indication that no violation of the rules on setting minimum standards for accommodation of foreigners, who are employed or work in the Republic of Slovenia, has been detected since their entry into force in January 2012. The Committee welcomes the Government’s indication that a workshop on the provisions of these rules, with the participation of occupational health and safety inspectors was planned for November 2012. The Committee asks the Government to continue to provide information on the activities of the labour inspectorate to enforce the rules on setting minimum standards for accommodation of foreigners, including any violations detected and sanctions imposed, as well as any other measures taken to ensure that migrant workers are not treated less favourably than nationals with respect to accommodation. Please indicate the measures taken to raise awareness among migrant workers, employers and their organizations on rights and procedures with respect to accommodation.

Article 6(1)(b). Equal treatment with respect to social security. The Committee welcomes the Government’s indication that in 2011, the amendments to the Agreement of Social Security between Slovenia and Bosnia and Herzegovina were ratified by both States, thus enabling Bosnian workers to obtain unemployment benefits also upon temporary residence in Slovenia. The Committee also notes that the Government confirms the increasing number of cases, in the recent years, of employers deregistering foreign workers from social security before their contracts have ended, as pointed out by the AFTUS. The Government further indicates that the new Employment and Work of Aliens Act has amended the statutory procedure for deregistration of foreigners in case of early termination of the employment or contractual relationship. Deregistration from social insurance is not possible without a statement from the Employment Service, further to the return of the employment permit and the submission of evidence that the employment relationship was terminated and the foreign worker accordingly informed by the employer. The Committee asks the Government to clarify whether to Employment Service verifies the reason for termination of employment by the employer and indicate how the new procedure for deregistration ensures that migrant workers are not treated less favourably than nationals with respect to health insurance and social security. The Government is asked to continue to ensure observance of procedures regarding deregistration of foreign workers from social insurance and to provide information on violations detected by or brought to the attention of the competent authorities.

Parts III and IV of the report form. Enforcement. The Committee notes the detailed information provided by the Government on the results of the activities of the labour inspection services in enforcing the Employment and Work of Aliens Act of 2011 and the Prevention of Undeclared Work and Employment Act. The Committee notes that the labour inspectorate may impose fines under the Employment and Work of Aliens Act of 2011, in case of violations of the Act, including failure to ensure minimal accommodation and hygiene standards. The Committee also notes that no court decisions involving questions of principle relating to the application of the Convention have been issued. The Committee asks the Government to continue to provide information on the results of the activities of the labour inspectorate, including on the number of cases of violations of the legislation concerning migrant workers as well as the general labour law detected by or brought to its attention and the sanctions imposed. Please also indicate whether courts or other tribunals have issued decisions involving questions of principle relating to the application of the Convention, and if so, provide summaries of these decisions.

Statistics. The Committee notes the statistics provided by the Government on the work permits issued by citizenship for 2011 and the first seven months of 2012, which seem to show a decrease in the number of personal work permits issued for nationals of countries of the former Socialist Federal Republic of Yugoslavia as well for the other countries. The Committee asks the Government to confirm whether there has been an actual decrease in the number of personal work permits issued in recent years and, if so, to indicate if the reasons for this decrease have been identified in the context of the implementation of the 2011 Employment and Work of Aliens Act. It further asks the Government to continue to provide statistical data on migration flows to Slovenia, including information on the type of work permits granted and the sectors in which migrants are employed, and if possible disaggregated by sex, and nationality, and provided per full year.