Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government in reply to its previous comments on the working conditions and transport facilities of labour inspectors and on the fast-track procedure for violations. It also notes the information contained in the activity reports of the inspection services for 2005 and 2006 and would like to emphasize the high quality of that information.

The Committee also notes the comments of 2003 made by the Association of Employers for Craft Activities, mentioning that a chapter of the Employment Relationships Act of 24 April 2002 is devoted to labour inspection.

Articles 3 and 10 of the Convention. Number of labour inspectors in relation to their responsibilities. The Committee notes that, since 2005, the labour inspectorate has been acting as a misdemeanours authority and may now impose sanctions directly in the context of fast-track procedures described by the Government in its report. It also notes that the Employment Relationships Act of 2002 entrusts labour inspectors with mediation duties to ensure the amicable settlement of individual labour disputes (section 228). Referring to its previous comments and noting that the number of labour inspectors has remained the same for several years, the Committee hopes that the Government will ensure that the numerous duties performed by labour inspectors do not interfere with the effective discharge of their primary duties of inspection defined by Article 3, paragraph 1, namely: (a) to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers; (b) to supply technical information and advice to employers and workers; and (c) to contribute to the improvement of the labour legislation.

Article 5(a) and (b). Cooperation between the inspection services and other government services and public institutions – Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes the establishment of the Inspections Board, a permanent interdisciplinary body responsible for coordinating activities and improving the efficiency of the various inspection services. According to the Government, the Inspections Board cooperates with representative workers’ organizations with regard to the enforcement of labour legislation by labour inspectors. The Committee requests the Government to provide information on the operation of this body in practice and on its impact on the activities and working conditions of labour inspectors. The Government is also requested to provide additional information on the collaboration of the inspection services with employers’ and workers’ organizations in practice. Furthermore, referring to its general observation of 2007 on the cooperation between the inspection services and the judicial bodies and noting that, according to the Government, no court decisions connected to this Convention are available, the Committee also requests it to keep the Office informed of the arrangements made or envisaged to implement such cooperation and any progress made by this means in relation to the objective of the Convention.

Articles 6 and 7. Stability of employment of labour inspectors and training. The Committee notes the amendment of section 13 of the Inspection Act (published in Official Gazette No. 56/2002). In order to be able to assess this new provision in relation to the obligation to ensure stability of employment for labour inspectors, as established by Article 6 of the Convention, the Committee would be grateful if the Government would indicate whether the professional examination referred to in section 13 of the Act is an examination allowing access to the profession of labour inspector or whether it is an examination aimed at their development during their career. The Committee would also be grateful if the Government would indicate whether there have been recent examples of an inspector’s contract being terminated and, if so, to indicate the procedure followed and the relevant legal provisions.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes with interest that an inspection campaign on the degree of application by employers of the legislation relating to the notification and recording of industrial accidents by employers (sections 27 and 39(7) of the Occupational Health and Safety Act) was conducted by the labour inspectorate in 2005. It notes that this campaign showed that industrial accidents leading to incapacity for more than three days were not always declared by employers. With regard to cases of occupational disease, it emerges from the 2005 report of the labour inspectorate that, during the last ten years, it was notified of only ten cases and that, in 2005, only two of the 13 cases recorded by the Pension and Invalidity Insurance Institute of Slovenia were notified. The labour inspectorate, which states that it is aware that these figures do not reflect the reality, also emphasizes in the same report the importance of having available accurate information on suspected cases of occupational disease, as well as on known cases of occupational disease, in order to be in a position to identify the causes of disease with a view to eliminating them and ensuring the implementation of measures aimed at protecting the health of workers. The Committee requests the Government to take the necessary measures to ensure that the labour inspectorate is informed of industrial accidents and cases of occupational disease, in the cases defined by the legislation, so as to allow it to carry out its mission of prevention.

Article 18. Physical safety of labour inspectors. In reply to the Committee’s comments on this subject, the Government indicates that the work of the interdisciplinary committee, which was established several years ago to devise procedures intended principally to improve the personal safety of public servants, has not been completed. It refers once again to the circular of 1998 which stipulates the procedures to be followed in the event of threats (request for assistance from the police, etc.) and indicates that inspectors have had mobile telephones for several years. The Committee requests the Government to indicate whether the above procedures are still applied and, if not, to indicate the measures taken or envisaged to ensure the physical safety of inspectors in the discharge of their duties. The Government is also requested to indicate whether acts of obstruction or violence have recently been committed against labour inspectors and reported to the central authority and, if so, to provide information on the action taken in response to these violations as well as on the sanctions imposed on the perpetrators.