Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Slovenia (Ratification: 1992)

Other comments on C143

Observation

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Articles 2–6 of the Convention. Measures to address illegal employment of migrants and irregular migration. The Committee takes note of the detailed information provided by the Government, in its report, on the activities of the Financial Administration of the Republic of Slovenia (FURS), responsible for the enforcement of the Prevention of Undeclared Work and Employment Act (ZPDZC-1). It notes that the FURS carries out more than 10,000 inspections for illegal employment per year and that most violations are found in the sectors of construction, accommodation and food services activities. In 2021, 10,508 inspections were conducted, which led to the finding of 44 violations for the illegal employment of third country nationals; 40 minor offense proceedings were initiated, which led to the issuance of sanctions against 36 employers and 75 workers. Regarding the sanctions imposed to workers, the Committee notes that the Prevention of Undeclared Work and Employment Act (ZPDZC-1) provides for a fine of €200 to €2,500 for individuals employed without an employment or a civil law contract and that an additional sanction may be imposed for third-country nationals who are illegally present in the country. In this regard, the Committee is bound to stress that the penalization of unlawful migration increases the vulnerability of migrant workers in an irregular situation further and recalls that the measures called for under Part I of the Convention are primarily targeted at the demand for clandestine labour rather than the supply (2016 General Survey, Promoting fair migration, paragraph 513). The Committeeasks the Government to provide information on the application in practice of the sanctions imposed to workers under the Prevention of Undeclared Work and Employment Act (ZPDZC-1). It also requests the Government to continue to provide information on the activities of the Financial Administration of the Republic of Slovenia and of any other agency responsible for enforcing the legislation on the illegal employment of migrants and irregular migration.

Measures against human trafficking. The Committee takes note of the indication by the Government that the National Working Group on Combating Human Trafficking in Human Beings is carrying out various activities to raise awareness among employers in particular when recruiting foreign workers and when subcontracting. It also notes the adoption of the Action Plan to Combat Trafficking in Human Beings (2023–24) as well as the adoption of the Guidelines for labour inspectors to identify victims of trafficking in human beings. The Committee also notes the indication that the Ministry of the Interior has concluded four protocols to prevent and address human trafficking (with the Republic of Montenegro, the Republic of North Macedonia, the Republic of Serbia, and the Republic of Bosnia and Herzegovina), and that the Government of Slovenia cooperates with other States in the framework of the European multidisciplinary platform against criminal threats. The Committee further notes the information provided on the investigations conducted by the police, the State Prosecution Offices, and the labour inspectorates on cases of human trafficking. It notes that in 2021 the police dealt with 42 criminal offences of human trafficking, involving 40 victims, and 18 perpetrators; and the States Prosecutors’ Office received three criminal complaints for human trafficking, against 12 individuals and two legal entities. Finally, the Committee notes that in 2023 the Group of Experts on Action against Trafficking in Human Being (GRETA) of the Council of Europe issued its third evaluation report on Slovenia, in which it commended the steps taken by the country since the second evaluation, while urging the authorities to take additional steps to prevent and combat trafficking for the purpose of labour exploitation. The Committee therefore requests the Government to provide information on the measures taken: (i) in response to GRETA’s conclusions listed in its 3rd evaluation report; and (ii) to raise awareness on, prevent, and sanction human trafficking for the purpose of labour exploitation.

Article 9(3). Costs of expulsion. The Committee notes with regrets that section 84 of the Aliens Act (ZTuj-2) remains unchanged as it requires that foreigners be obliged to bear their own costs of expulsion contrary to the requirement of the Convention and that no information is provided on the holding of a broad discussion with all the interested stakeholders on the subject of amending section 84, as indicated in its previous report. The Committee therefore once again requests the Government to take steps to amend section 84 of the Aliens Act (ZTuj-2)so as to ensure that migrant workers and their families do not bear the actual costs of their return.

Articles 10 and 12. National policy on non-discrimination and equality and measures for the integration of migrant workers in society. The Government indicates that foreigners who have validly concluded an employment contract benefit from the same protection as nationals, which includes the protection against discrimination provided for under the Labour Relationship Act (ZDR-1) and the Protection Against Discrimination Act (ZVarD). The Government also indicates that the Council for the Integration of Foreigners undertook a number of projects to facilitate the integration of non-EU members, such as: (1) the development and distribution of a multilingual guide on healthcare; (2) providing and updating information on the legislation on the website of the Ministry of the Interior; and (3) developing programs to enhance social inclusion and skills acquisition to facilitate entry into the labour market. The Committee notes that the competences of the Council for the Integration of Aliens were transferred to the Government Office for the Support and Integration of Migrants. The Committee requests the Government to ensure that the Employment Relationship Act (ZDR-1) and theProtection Against Discrimination Act (ZVarD) apply to migrant workers in practice, to be in the position to assess whether migrant workers lawfully in the country, benefit effectively from a treatment equal to those of nationals, in relation with matters covered by the Convention. Please also refer to the Committee’s comments under Article 6 of the Migration for Employment Convention (Revised), 1949 (No. 97). The Committee further requests information on the activities of the Government Office for the Support and Integration of Migrants to promote the principle of equality of treatment for migrant workers and their families, as well as information on the measures adopted to cooperate with employers’ and workers’ organizations on this matter.

Article 14(a). Free choice of employment. The Committee recalls that now, under section 37 of the Employment, Self-employment and Work of Aliens Act, No. 47/2015 (ZZSDT), a third-country national (non-EU citizen) is allowed, during the period of validity of its single permit, to change jobs within the same employer, to change employers, and to take up employment with two or more employers on the basis of the written authorization of the competent authority (Employment Service) and therefore not in a position of dependency. The Committee notes the statistical data communicated by the Government showing that 2,487 requests for changes of employers were approved in 2019, 3,002 in 2020, 2,818 in 2021, and 1,433 for the first seven months of 2022. Recalling that the maximum period to restrict the free choice of employment authorized under Article 14(a) of the Convention is two years (General Survey of 2016, paragraph 359), the Committee asks the Government to specify the length of the restrictions imposed on migrant workers to access and change freely employment.

Enforcement. Equality and human rights bodies. The Committee takes note of the information provided by the Government regarding the activities of the Advocate of the Principle of Equality, showing that during the reporting period, it has been solicited in a series of situations related to discrimination on the basis of nationality, in areas such as employment (one case in 2018), access to childcare (one case in 2019), access to healthcare (one case in 2022), access to bank services (three cases in 2020, one case in 2021, one case in 2022), right to family reunification (one case in 2019), and access to social benefits to mitigate the adverse consequences of the epidemic of COVID-19 (collective case initiated in 2020). The Committee also takes note of the indication that the Advocate of the Principle of Equality acts proactively to provide information to foreign workers. For instance, this body produced and distributed written information on access to banking services, an area where migrant workers often face difficulties in practice with a negative impact on their capacity to receive the payment of their wages. This information was distributed through the Government Office for the Support and Integration of Migrants, non-governmental organizations (NGOs), and social work centres. More generally, the Advocate of the Principle of Equality collaborates regularly with other relevant entities engaged in the implementation of migrant workers’ rights, such as NGOs, trade unions and employers and conducts research on key issues, such as the ongoing targeted research project on “Reducing and elimination discrimination based on ethnic origin, ‘race’, and/or religion.” The Committee also takes note of the detailed information provided on the activities of the Human Rights Ombudsman, competent in all matters related to the liability of governmental bodies, including matters relating to employment relationships in the private sectors. The Human Rights Ombudsman estimates that it has dealt with approximatively ten initiatives related to the protection of migrant workers in the reporting period. The Committee notes the Government’s indication that one of the concerns expressed by the Human Rights Ombudsman in the recent years is the shortage of labour inspectors, which is detrimental to the human rights of both national and foreign workers. In response to these concerns, the Government approved the recruitment of ten additional staff members for 2021 and 2022. The Committee asks the Government to continue to provide information on the activities of the equality and human rights bodies with regard to matters covered by the Convention. It also refers to its comments under Articles 10 and 12 of the Convention and Article 6 of the Migration for Employment Convention (Revised), 1949 (No. 97), on the importance of monitoring effectively the application of the Employment Relationship Act (ZDR-1) and of theProtection Against Discrimination Act (ZVarD) to migrant workers.