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Collective Bargaining Convention, 1981 (No. 154) - Slovenia (RATIFICATION: 2006)

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The Committee takes due note of the detailed information on the practical application of the Convention provided by the Government, in particular regarding the decisions rendered by the Supreme Court of the Republic of Slovenia and High Labour and Social Court.

Article 1 of the Convention. Collective bargaining in the public sector. In its previous observation, the Committee had asked the Government to provide information on the outcome of the negotiations between the public sector unions and the Government to amend the provisions on the quorum for the conclusion of collective agreements, following the instructions of the Constitutional Court in its 2012 decision. The Committee recalls that the Constitutional Court ruled that: (i) some parts of Section 42 of the Public Sector Pay System Act (ZSPJ) were unconstitutional, and thus violated the principles of collective bargaining protected by the Constitution and by the Convention, by enabling collective agreements to be amended without full consensus, thus allowing minority unions representing just over 40 per cent of workers to impose changes despite the opposition of the majority unions; and (ii) such unconstitutionality required a solution to be found by the legislator within two years, while the existing law remained in force. The Committee notes the Government’s indication that, despite ongoing negotiations since 2014 with the public sector trade unions, a majority consensus was difficult to reconcile with the Constitutional Court’s decision, so that the amendment of article 42 of the ZSPJS has not been at the centre of discussions since 2012. The Committee also notes the Government’s indication that a Recovery and Resilience Plan foresees a reform of the public sector pay system in 2023 and that, in this context, it expects to reach an agreement with the trade unions on how to implement the Constitutional Court’s decision concerning article 42 of the ZSPJS currently in force. The Committee requests the Government to provide information on the outcome of the envisaged reform and on the potential agreement on the implementation of the Constitutional Court’s decision on article 42 of the current ZSPJS. It further requests the Government to provide information on how collective bargaining is being exercised in practice in the public sector, including the number of collective agreements signed, the sectors or institutions concerned and the number of public employees covered.