Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Slovénie (Ratification: 1992)

Autre commentaire sur C098

Observation

Demande directe

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The Committee notes the information on the practical implementation of Convention provided by the Government, in particular concerning the Collective Actions Act, effective from October 2017, which authorizes certain collective actions against discrimination, as set out in Article 57. This enables the Equality Ombudsman and certain NGOs to represent large, undefined groups to stop or prevent discrimination, although it remains unused. In addition, the law grants collective powers to workers to combat discrimination in employment.

Articles 1 and 3 of the Convention. Protection against acts of anti-union discrimination. In its previous comment, the Committee had requested the Government to take the necessary measures to ensure that legislation expressly prohibits anti-union discrimination on both the grounds of trade union membership and participation in trade union activities. The Committee also notes note of the Government’s indication that the Protection against Discrimination Act (ZvarD) and the Employment Relations Act (ZDR-1) in Slovenia provide substantial safeguards. Specifically, Article 90 of the ZDR-1 offers explicit protection for both unionized and non-unionized workers engaging in trade union activities or strikes, outlining unacceptable grounds for employment termination. This includes participation in trade union activities outside of work hours, involvement in union activities with the employer’s consent, and lawful strike participation. The Committee also takes note of the Government’s statement that the Slovenian legal framework upholds the rights of workers to become trade union members and participate in trade union activities without fear of reprisal and that, so far, there have been no identified problems or claims for legislative change in this area. The Committee takes due note of these elements and trusts that an adequate protection against anti-union discrimination is granted to workers that may engage in trade union activities without being formally affiliated to a union. The Committee invites the Government to provide information about any labour inspection or judicial decision in this regard.

In its previous comment, the Committee had invited the Government to collect information on the number of complaints specifically related to anti-union discrimination, the outcome of investigations and court proceedings, and their average duration. The Committee takes note of the Government’s indications that the Labour Inspectorate of the Republic of Slovenia (IRSD) does not specifically categorize violations based on the personal reasons that led to discrimination infractions, and that following an analysis of cases from 2018 to 2022, no violations concerning trade union membership or engagement in union activities were identified. The Committee also takes note of the Government’s indication that between 1 June 2017 and 31 May 2022, the Advocate of the Principle of Equality, who also deals with the prohibition of discrimination due to trade union activities, considered six cases relating to anti-union discrimination on which he issued opinions and provided advice. The Committee further notes that the Government refers to four court cases concerning anti-union discrimination but does not provide information on the total number of judicial complaints relating to anti-union discrimination, nor on the average duration of such complaints. The Committee takes due note of the detailed information provided by the Government and requests it to: (i) continue providing information on the cases of anti-union discrimination addressed by the Labour Inspectorate and the Advocate of the Principle of Equality; and (ii) provide information on the number of complaints before the courts specifically related to anti-union discrimination and their average duration so that it can assess the overall effectiveness of the protection afforded by national legislation in cases of anti-union discrimination.