Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Slovenia (Ratification: 1992)

The Committee notes the information provided in the Government’s first two reports. It also notes that the entry into force on 1 January 2003 of the new Employment Relationships Act (ZDR). To enable the Committee to make a proper assessment of the application of the Convention, the Government is requested to provide further explanations on the following points.

Article 1 of the Convention. The Committee notes the Government’s reference to a new Act amending the Marine Fisheries Act (Official Gazette
No. 41/1999). As this document is not available at the Office, the Committee requests the Government to transmit a copy.

Article 2. The Committee notes that the new Employment Relationships Act of 2002 (Official Gazette No. 42/2002) contains a specific section on the "employment contract for seafarers" (sections 218-223), but it is not clear whether the term "seafarers" covers also fishers. The Committee would appreciate receiving clarifications in this regard.

Article 3, paragraph 3. The Committee notes that section 218(2) of the Employment Relationships Act provides that the minister responsible for maritime affairs shall lay down the contents, the method and the procedure of registration of the employment contract for a seafarer. To the extent that this provision applies also to employment contracts of fishers, the Committee asks the Government to specify whether the ministerial regulations have already been issued, and, if so, to transmit copies of all relevant documents.

Article 5. The Committee notes that section 224(3) of the Employment Relationships Act provides that the minister responsible for labour shall lay down the contents and the form of an employment booklet, the procedure of issuing an employment booklet, the method of recording the data, the procedure of exchange of the employment booklet, and record-keeping of issued employment booklets. As this provision in itself does not guarantee the application of this Article of the Convention, the Committee would be grateful if the Government would provide additional information on the procedure and method of record-keeping, including a sample employment booklet.

Article 6. The Committee notes that section 29 of the Employment Relationships Act enumerates the particulars to be contained in an employment contract. It also notes that under section 218(2) of the Act, the minister responsible for maritime affairs shall lay down the contents of the employment contract for a seafarer. The Committee therefore requests the Government to clarify whether the fishers’ articles of agreement are regulated by the general provisions of Part II(6) of the Employment Relationships Act or the specific provisions of Part VII(3) on seafarers.

Article 7. The Committee asks the Government to clarify whether and how it is ensured that crew lists are carried on board fishing vessels and that the fishers’ articles of agreement are either recorded in or annexed to those lists.

Article 12. The Committee notes the Government’s reference to the
General Collective Agreement for Commercial Activities (Official Gazette
No. 40-2205/1997) as being applicable to the fisheries sector. As this Agreement was bound to remain in effect until 31 December 1999, the Committee requests the Government to specify whether it has since been renewed, and, if so, to transmit a copy of the collective agreement currently in effect.

Part V of the report form. The Committee notes that according to the Government’s indications, the entire fishing industry is under great strain since Slovenia’s independence, the fishing area being extremely limited and the number of fishers diminishing. The Committee requests the Government to continue supplying up-to-date information on the capacity of the country’s fishing fleet and the number of workers covered by the Convention.