Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee takes note of the Government’s report which was received on 14 October 2009 as well as the texts of the Acts amending the Employment Relationship Act (Official Gazette No. 103/2007), the Inspection Act (Official Gazette No. 43/2007), the Public Administration Act (Official Gazette No. 113/2005), and the Civil Servants Act (Official Gazette No. 63/2007), transmitted by the Government on 15 February 2010. The Committee will examine the content of these legislative texts in relation to the provisions of the Convention once their translation is available.

Article 3(1) and (2) of the Convention. Functions of the system of labour inspection. 1. In its previous comments the Committee had noted that the functions of the labour inspectorate were expanding without a concurrent increase in the numbers of labour inspectors; this took place in a context where improvements were necessary in the status and conditions of work of labour inspectors including their stability of employment.

As far as the functions of labour inspectors are concerned, the Committee recalls that, since 2005, the labour inspectorate has been acting as a misdemeanours authority. According to the Government, the duties of labour inspectors have expanded by the Act amending the Employment Relationship Act to the effect that labour inspectors can institute legal proceedings against employers for failing to pay the legal annual leave bonus or to acknowledge workers’ rights which have been acquired after one year in employment. Some additional sanctions enforceable by labour inspectors were also introduced in the amendment to the Employment and Work of Aliens Act adopted in 2007. The Committee would be grateful if the Government would provide statistics relating to the activities of the labour inspectorate such as those defined by Article 3(1) of the Convention, namely, the enforcement by labour inspectors of legal provisions falling under their competence, and the supply of technical information and advice relating to the conditions of work (wages, hours of work, rest periods, employment of young persons, etc.). The Committee would also be grateful if the Government would provide a copy of the Work of Aliens Act 2007 as well as a summary of the enforceable sanctions established therein.

2. The Committee notes that, in addition to their principal duties, section 228 of the Employment Relationships Act assigns mediation duties to labour inspectors so as to ensure the amicable settlement of individual labour disputes. It would like to draw the Government’s attention to: (a) Article 3(2) of the Convention, according to which any duties which go beyond the principal function of the labour inspectorate, shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers; and (b) Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), which advises that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. In its General Survey of 2006 on labour inspection, the Committee provides guidance in this regard and underlines the risk that certain additional duties may lead to in relationship to the objectives of the primary labour inspection functions (paragraph 72 et seq.). The Committee would be grateful if the Government would provide statistical data on the proportion of time devoted by the labour inspectors to the amicable settlement of disputes compared to the time devoted to the exercise of the principal functions defined by Article 3. It also asks the Government to indicate the measures taken or envisaged to ensure that the additional duties entrusted to the labour inspectors do not prejudice the performance of their activities of enforcement and education in the areas of conditions of work and the protection of workers.

Article 10. Number of labour inspectors in relation to their duties. The Committee recalls that as early as 2004 the annual report on the activities of the labour inspectorate referred to the inadequate numbers of labour inspectors and the urgent need to recruit new staff in view of the increase in the number of enterprises liable to inspection and the new legislation that the labour inspectorate was responsible for enforcing. At the time there were 82 inspectors. In its 2008 comments under Convention No. 129, the Committee noted that, pursuant to a policy of reduction of public service staff, the number of inspectors had not increased in line with the new responsibilities they faced in the area of misdemeanours. The Committee notes from the Government’s latest report that the addition of eight posts to the labour inspectorate has been approved. The Committee requests the Government to specify whether these posts concern labour inspectors or ancillary staff and indicate their geographical distribution.

Article 6. Stability of employment of labour inspectors. According to the Government’s reports on both this Convention and Convention No. 129, labour inspectors must pass a professional qualification test every three years, in addition to a professional examination upon their appointment, for their contracts to be renewed. This results from the 2002 amendment to section 13 of the Inspection Act and the 2007 amendment to the Civil Servants Act (Official Gazette No. 63/2007). While awaiting the translation of the amended text of the Civil Servants Act, the Committee would like to emphasize that, according to Article 6 of the Convention, the inspection staff should be composed of public officials whose status and conditions of service are such that they are assured stability of employment. The Committee would be grateful if the Government would indicate whether there have been recent examples of inspectors’ contracts being terminated and, if so, to indicate the procedure followed and the relevant legal provisions, as well as the measures taken to fill the vacant positions

Furthermore, with reference to the previous request under Convention No. 129, the Committee would be grateful if the Government would indicate any measures taken or under consideration to improve the status of the post of labour inspector and make it more attractive for qualified candidates, particularly by improving the conditions of service (remuneration, career prospects, conditions of work, etc.).

Article 5(a). Cooperation between the inspection services and other government services and public institutions. 1. The Committee notes with interest that the labour inspectorate had strengthened its preventive role in 2008 and carried out professional training for the police officers dealing with occupational accidents in the course of their duty. The Committee would be grateful if the Government would provide detailed information on the content, attendance, frequency and impact of such training.

Noting that the Government does not provide the information requested with regard to the activities of the Inspections Board, the Committee requests it once again to provide statistical data on the impact of these activities in terms of both law enforcement and conditions of work of labour inspectors.

2. Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes with interest from the Government’s report that the topics of the most frequent questions raised by workers, employers as well as high-school and university students are published on the web site of the labour inspectorate. Drawing the Government’s attention to the other types of collaboration between the labour inspection services and the employers’ and workers’ organizations in the area of occupational safety and health described in Part II of the Labour Inspection Recommendation, 1947 (No. 81), the Committee would be grateful if the Government would take measures aimed at promoting such collaboration and keep the ILO informed of progress made.

3. Effective cooperation between the labour inspection services and the justice system. The Government’s previous report indicated that no court decisions connected to this Convention had been given. The Committee notes however with interest from the latest report that, due to the reconciliation of opinions regarding the responsibility for the occurrence of occupational accidents, the labour inspectorate had several meetings with prosecutors. With reference to its 2007 general observation under this Convention, the Committee would be grateful if the Government would provide the ILO with details concerning the issues addressed in the meetings between the labour inspectorate and the prosecutors and the results achieved in terms of safety and health conditions at the workplace. The Committee also strongly encourages the Government to envisage a cooperation between the labour inspectorate and the judiciary with a view to promoting a better understanding by the latter of the social and economic importance of labour inspection, and keep the ILO informed of any progress in this regard.

Article 14. Notification of industrial accidents and cases of occupational disease. With reference to its previous comments, the Committee notes from the Government’s report that the Rules on record keeping that will identify, among other things, the content and manner of reporting and notification of occupational accidents and diseases to the labour inspectorate are under preparation. The Committee requests the Government to transmit a copy of the Rules, as soon as they are adopted, along with statistical data on their application.

Article 18. Physical safety of labour inspectors. The Government indicates in reply to the Committee’s previous comments on this subject that, according to the Inspection Act, inspectors can request police assistance if they encounter physical resistance in the performance of their duties. The Committee recalls that, pursuant to Article 18, adequate penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties shall be provided for by national laws or regulations and effectively enforced. The Government is requested to indicate the specific legal provisions aimed at sanctioning those responsible for obstruction or violence against labour inspectors while performing their duties, and to supply a copy thereof as well as available information on their application in practice.

Articles 20 and 21. Communication of the annual report. The Committee notes with interest that an extensive and detailed annual report on labour inspection activities for 2008 is available on the Internet in Slovenian. The Committee would be grateful if the Government would regularly furnish in its reports on the application of the Convention, a summary of the data contained in the annual report with regard to the issues listed in clauses (b)–(g) of Article 21, and, ideally, pursuant to the guidance provided in Paragraph 9 of Recommendation No. 81.

Noting in particular that the annual report for 2008 contains sections on the employment of foreigners and the activities of the labour inspectorate in the area of illegal employment, the Committee would be grateful if the Government would also include in its next report the relevant information.