Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) - Slovenia (Ratification: 2001)

Article 12(b) of the Convention. Claims for holiday pay. In its previous comment, the Committee noted that section 19(1)(c) of the Public Guarantee and Maintenance Fund Act, which limits the claim for holiday pay to any unused annual leave to which an employee is entitled during the current calendar year, appears to give only partial effect to the requirements of this Article of the Convention that refers to holiday pay accrued over a period of service of no less than six months prior to the insolvency. In its latest report, the Government indicates that the Committee’s comments will be considered in the context of legislative amendments that are being drafted. The Committee requests the Government to keep the Office informed of any measures taken in order to ensure that the Public Guarantee and Maintenance Act is fully aligned with the standards set out in Article 12 of the Convention and to transmit a copy of any revised text once it has been adopted.

Part IV of the report form. Practical application. The Committee notes that according to the statistical information provided by the Government, in 2009, the Guarantee Fund received ten times the number of claims it had received in 2008. It also notes that, in 2011, the number of claims further increased by almost 60 per cent, as compared to 2010, while the amounts disbursed nearly doubled from €11.3 million to €20.6 million in the same period. The Committee requests the Government to continue to supply up to date information on the practical application of the Convention, in particular as regards the implications of the continued increase in the number of claims and any foreseen difficulties in its operation.