Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Repetition

Articles 2 and 3 of the Convention. Protection against acts of interference. In its previous comments, the Committee had requested the Government to take the necessary measures to ensure that national legislation contained specific provisions prohibiting acts of interference by employers or their organizations in the establishment, functioning and administration of workers’ organizations, and providing effective and sufficiently dissuasive sanctions against such acts. The Committee notes that, in addition to reiterating that trade union activities are already generally protected by the Constitution of the Republic of Slovenia and that adequate judicial protection and sanctions against anti-union interference are set out in the Employment Relationship Act in sections 217 and 218, the Government indicates that violation of trade union rights is defined as a criminal offence in paragraph two of article 200 of the Criminal Code which stipulates that whoever breaches regulations and general acts by preventing employees or hindering them from exercising free association and carrying out union activities, or obstructs the implementation of union rights, or takes over a trade union shall be punished by a fine or sentenced to imprisonment for not more than one year.The Committee takes due note of the content of article 200 of the Criminal Code and requests the Government to indicate which circumstances fall within the definition of “takes over a trade union” and to provide information of its application in practice.