Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 1 of the Convention. Recent developments. The Committee notes the comprehensive legislative changes that have taken place since the last reporting period relevant to the application of the Convention. The Committee will undertake a more detailed examination of the new legislation once the relevant texts have been translated. The Committee notes that the Employment and Work of Aliens Act was amended in 2005 and 2007 to expand the categories of workers entitled to apply for a three-year personal work permit and to simplify the procedure for obtaining an extension of the work permit. The Committee notes that pursuant to Government Resolution of 25 May 2006 all citizens of the European Union and European Economic Area may now be employed in Slovenia without a work permit. Third-country nationals continue to be covered by the New Employment and Work of Aliens Act and require an employment permit. In addition, the Committee notes that the Government has established quotas for work permits for third-country nationals.

Migration movements. The Committee notes from the Government’s report that the share of male migrants for employment to Slovenia fluctuates between 83 per cent and 87 per cent, but that there is a slight increase in the percentage of female migrants. Most of the female migrants (21.7 per cent) are holding personal work permits. The Committee asks the Government to continue to provide statistical data on male and female migration flows to Slovenia, including information on the type of work permits granted and the sectors in which they are employed.

Articles 2 and 4. Provision of information and assistance. The Committee notes that the Employment Service of Slovenia (ESS) publishes a wide range of information on its website, including information on legislation, procedures, types of work permits, registration, and obligations of employers and workers. As part of the European Employment Services network, the ESS provides assistance and information to migrant workers moving within the Community. Information on arranging of work permits and employment permits in Slovenia is provided to third-country nationals. Referring to Paragraph 5(2) of the Migration for Employment Recommendation (Revised), 1949 (No. 86), the Committee asks the Government to indicate whether any information is provided to migrant workers regarding general employment and living conditions, return to the country, and any other information that might be of interest to them, such as information on their human and labour rights, language training facilities, vocational training, or legal advice. Please also indicate whether any information and assistance specifically targets women migrants.

Article 3. Misleading propaganda. The Committee notes that the Resolution on the Migration Policy of the Republic of Slovenia envisages the drawing up of programmes providing objective information to the public on the various aspects, causes and consequences of migration movements, as well as on preventing any spread of xenophobia and negative attitudes towards migrants. Please provide information on the specific programmes aimed at informing the public about migration movements and preventing negative attitudes towards migrants. Please also provide information on any measures taken to prevent false information being disseminated to migrant workers regarding the migration for employment to Slovenia, including on conditions of work.

Article 6(d). Equality of treatment. Legal proceedings. With reference to its previous comments on section 31 of the 1999 Aliens Act, the Committee notes the consecutive amendments of the Aliens Act. It notes the Government’s explanation that, pursuant to section 31 of the most recently amended Aliens Act (only available in Slovenian), an appeal against a decision or a resolution rejecting or refusing a request for extending or issuing of a further permit, or an appeal against a resolution halting a procedure for the extension or issuing of a further permit of temporary residence, stays the execution of the decision or resolution in question. The Government indicates that a person who files an appeal pursuant to section 31(4) of the Aliens Act may remain in the country until the appeal is resolved. A foreign persons’ obligation to leave the country arises only after the competent authority’s decision has become final. The Government further indicates that paragraph 3 of section 65 of the Aliens Act has been deleted and that administrative units are the competent authority of first instance in all cases relating to the issuing or termination of a residence permit. In order to reassure itself that no exceptions exist on the right of foreign workers to have access to legal recourse on an equal footing with nationals in respect of administrative acts, the Committee asks the Government to clarify in what instances appeal is no longer possible against the refusal of a renewal or issuing of a residence permit, and to confirm that all foreign workers have the right to appeal.

Article 7. The Committee notes that the bilateral agreement with Croatia is no longer being implemented and that the Government has concluded a bilateral agreement with The former Yugoslav Republic of Macedonia on the employment of seasonal workers, which involves cooperation between the ESS and the Macedonian employment agency. An agreement with Bosnia and Herzegovina is also being drafted, allowing employment services to mediate in the employment of migrant workers. Please continue to provide information on how the ESS is cooperating with employment agencies in other countries and on the services and assistance provided.

Article 8. Non-return of permanent workers in the event of incapacity to work. The Committee notes that persons with a personal work permit valid for an indefinite period of time or with a permit of permanent residence have the right to register with the Employment Service as an unemployed person and have the right to financial benefits under the same conditions as nationals. If, after the financial benefits have ceased, they are unemployed and they are not more than three years from meeting the conditions for retirement, they will have their pension and disability insurance contributions paid by the ESS (section 26 of the Employment and Insurance Against Unemployment Act (ZZZPB, OGRS79/2006)). The Committee asks the Government to clarify whether migrant workers with a permit of permanent residence or a personal work permit valid for an indefinite period of time, who are more than three years from retirement and who are unable to work for reason of illness or injury, may continue to reside in the country. Please also clarify whether the right to reside in the country is maintained for those who have retired but find themselves without means of support.

Part IV of the report form. The Committee asks the Government to continue to provide information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, particularly with respect to the occurrence of discrimination against foreign job applicants. If so, please supply the text of these decisions.

Article 12. Statistics. The Committee notes the information provided by the Government on the foreign workers employed in Slovenia, disaggregated by sex and areas of employment, the figures regarding the implementation of the quota regime for third-country nationals, and the results of the labour inspection activities with respect to contraventions regarding work permits. Please continue to provide statistical information on migration flows in and out of Slovenia, the quota regime, and the results of the relevant activities of the labour inspection service, in accordance with the provisions of the Convention.

[The Government is asked to reply in detail to the present comments in 2010.]