Labour Inspection Convention, 1947 (No. 81) - Slovenia (Ratification: 1992)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Functions entrusted to labour inspectors. 1. Labour inspectorate’s competence in establishing employment relationships. Following its previous comments, the Committee requested the Government to continue to provide information on the work of the labour inspectorate with respect to establishing employment relationships when work is based on a civil law contract despite the existence of elements of an employment relationship, in accordance with section 19(1)(6) and 19(2) of the Labour Inspection Act (LIA).

The Committee notes the Government’s information in its report that, in 2018, inspectors found 109 violations of the prohibition of work under civil-law contracts while elements of employment relationships exist. The 2019 annual labour inspection report (Annual Report) shows that inspectors found 98 cases of such violations in 2019. The Government also states that it is complex to prove the existence of employment relationships and that the standards of proof are high. In particular, it is difficult to verify the continuity of work of a particular worker, especially in cases when records of such work are modified or inadequate, or the employer does not keep such records. The Government further states that, when a violation is detected, inspectors may temporarily prohibit the performance of the work concerned until the correction of the irregularity, order the conclusion of a written employment contract within three working days, or impose fines if necessary. In this regard, inspectors issued 17 prohibition orders in 2018 and 6 in 2019. There were also 13 cases recorded in 2018 of an inspector ordering the liable person to provide the worker concerned with a written employment contract. The Committee requests the Government to continue providing information on the activities of the labour inspectorate with respect to establishing employment relationships for those who perform work based on a civil law contract, despite the existence of elements of an employment relationship which effectively amount to an employment contract.

2. Mediation and conciliation duties. In its previous comments, the Committee noted that labour inspectors may offer mediation for the settlement of a dispute between a worker and employer under the Employment Relationship Act (ERA) as amended in 2016 (section 216). It also noted that the labour inspectorate was aiming to promote the use of mediation services provided by mediation institutions under the Project on Eliminating Conflict at Work.

The Committee notes the Government’s indication that, even though the role of the inspector in mediation is provided for by the ERA, inspectors rarely carry out this function in practice, and when they do, it is informal and not recorded. The Committee also notes the Government’s indication that the Project on Eliminating Conflict at Work will last six years from 2017 and aims to promote the use of mediation in the settlement of disputes. In this regard, the Government states that the labour inspectorate organizes free workshops and provides professional assistance in areas within its competence. The Government also indicates that the peaceful resolution of disputes of a non-legal nature by mediation contributes to alleviating the burden on the labour inspectorate by reducing the number of cases in its regular work, because many conflicts are resolved by mediation within the project that would otherwise have been the subject of an inspection procedure or that had been subject to an inspection procedure but had been concluded without reaching resolution. The Government further states that inspectors usually refer a case to the project unit of the labour inspectorate when a person requests help without an inspection being carried out, or when the law does not foresee a fine for a violation and the inspection procedure would not resolve the conflict. According to the information available on the website of the labour inspectorate, the mediation is carried out at the premises of the labour inspectorate by a neutral third-party. The Committee recalls that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. Referring to its General Survey of 2006, Labour inspection, paragraph 72, the Committee recalls the importance of not overburdening inspectorates with tasks which by their nature may be understood as incompatible with their primary function of enforcing legal provisions. The Committee requests the Government to provide further information on the measures it is taking to ensure that additional duties assigned to labour inspectors are not such as to interfere with the effective discharge of their primary duties. In this respect, it requests further information on the implementation of the Project on Eliminating Conflict at Work, including the appointment of mediators and the functioning and the staffing of the project unit, indicating if it is staffed by inspectors.

3. Supervision of the Labour Market Regulation Act by inspectors monitoring working conditions and employment relationships. The Committee previously noted that inspections of the implementation of the Labour Market Regulation Act (LMRA) are carried out by inspectors monitoring working conditions and employment relationships under the employment inspection services (EIS) within the labour inspectorate (section 150). Noting the heavy workload of the labour inspectorate, it requested the Government to indicate whether the inspectors who supervise the LMRA are recruited within the current budget of the labour inspectorate, or with a separate line of budget.

The Committee notes the Government’s information that the recruitment of all new inspectors who are employed by the labour inspectorate falls under the budget line “wages” of the applicable budget for the relevant year, adjusted with regard to the personnel plan and new recruitments concluded. There are no separate budget lines for different inspection areas, namely working conditions and employment relationships, health and safety at work and social affairs. The Committee also notes that, according to the 2019 Annual Report, the labour inspectorate detected 180 violations of the LMRA in 2018 and 105 such violations in 2019. The Committee requests the Government to take the necessary measures to ensure that the control duties by the labour inspectorate under the LMRA do not prejudice the exercise of its primary duty to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers. It also requests the Government to indicate in detail the proportion of time devoted by the inspectors to supervising implementation of the LMRA, including monitoring working conditions and employment relationships with respect to employment services, temporary employment agencies, job certification processes and unemployment insurance, compared to the time devoted to the exercise of the primary functions of labour inspectors as defined in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129.

Articles 4 and 5(b) of Convention No. 81 and Articles 7 and 12 of Convention No. 129. Supervision by a central labour inspection authority and effective cooperation between the labour inspectorate and other government services. The Committee requested the Government to provide information on the role that the Inspection Council established in accordance with section 11 of the Inspection Act (IA) plays in coordinating with the labour inspectorate, including the impact of this coordination on the planning and carrying out of labour inspections as well as any joint inspections undertaken.

The Committee notes the Government’s information on the role of the Inspection Council in planning the joint performance of inspection tasks from different inspection services. The Government indicates that the Inspection Council drafts the Strategic Orientations and Priorities of Inspectorates and Inspection Services based upon the annual work plan that different inspection services and inspectorates draw up independently. During this process, the members of inspection services agree on any joint inspections and campaigns. At the end of every year, the Inspection Council also invites members to draw up reports on the implementation of the Strategic Orientations and Priorities of Inspectorates and Inspection Services for the year, on the basis of which the Council then draws up a joint report and presents it to the Government. The Committee takes note of this information.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22, 23 and 24 of Convention No. 129. Effective cooperation between the labour inspectorate and the justice system and enforcement of administrative penalties. The Committee previously noted that labour inspectors did not regularly receive feedback with regard to criminal complaints lodged with the State Prosecutor’s Office. It thus requested further information on the measures taken or envisaged to promote effective cooperation between the labour inspectorate and the justice system. It also requested the Government to indicate the impact of inspectors’ powers to impose fines against minor offences on the work of the labour inspectorate.

The Committee notes the Government’s indication that, according to section 11a(4) of the Minor Offence Act, state prosecutors should immediately inform the minor offence authority of their decisions referred to that affect minor offence proceedings, if criminal proceedings were initiated, and of the final court decision. However, in practice this provision is often not implemented. The Committee takes due note of the Government’s indication that, in order to effectively prosecute offenders and to promote the cooperation between the labour inspectorate and state prosecutors, a joint meeting of the representatives of the Office of the State Prosecutor General and the management of the labour inspectorate was held in January 2019. An agreement was reached on the provision of feedback about the criminal complaints filed and on establishing communication between inspectors and state prosecutors upon the filing of criminal complaints and during pretrial investigations. Upon the request of the labour inspectorate, the Office of the State Prosecutor General provided training for inspectors in 2019 in order to ensure the effective filing of criminal complaints. The Government also states that the fact that the labour inspectorate is also a minor offence authority affects its volume of work. The Committee requests the Government to provide information on the impact of the agreement between the labour inspectorate and the Office of the State Prosecutor General, including the number and nature of feedbacks received upon the filing of criminal complaints and also during pretrial investigations. It once again requests the Government to provide information on the outcome of the cases referred to the justice system by the labour inspectorate, including specifically the number of convictions in relation to the infringements reported, the nature of sanctions applied and the amount of fines imposed.

Articles 6 and 11 of Convention No. 81 and Articles 15 and 20(a) of Convention No. 129. Costs for inspection procedures imposed on liable persons. The Committee previously noted that the IA obliges the person in breach of the laws or any other regulations to cover the cost of inspection procedures in establishing facts and evidence (section 31).

The Committee takes due note of the Government’s indication that funds allocated to the labour inspectorate from the public budget are approximately equivalent to its claims under non-tax revenues, including fines, court fees, costs of proceedings and administrative charges. The Committee observes that the large proportion of revenues from fines and fees may lead to uncertainty of the budgeting. It recalls that, by virtue of Article 11 of Convention No. 81 and Article 15 of Convention No. 129, it is essential for Member States to allocate the necessary material resources so that labour inspectors can carry out their duties effectively. The Committee therefore requests the Government to further provide information on the measures taken or envisaged to ensure that sufficient budgetary resources are allocated for the labour inspectorate. In this respect, it requests the Government to continue providing information on the budget of the labour inspectorate, including a specific identification as to the amount of revenues obtained for the Inspectorate through charging inspection costs as a proportion of the overall budget for the inspectorate.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Adequacy and frequency of labour inspection visits. The Committee previously noted that the labour inspectorate conducts regular inspections, reactive inspections based on complaints and control visits to follow up on a previous decision. However, it noted the low proportion of regular inspections performed by the labour inspectorate reported in the 2017 Annual Report.

The Committee notes that, according to the statistical information provided by the Government and in the 2019 Annual Report, the number of inspections carried out was 14,541 in 2017, 12,928 in 2018 and 14,118 in 2019. Moreover, the number of regular inspections decreased from 810 in 2017 to 492 in 2018. The Committee also notes that, according to the supplementary information provided by the Government, from 1 January to 31 May 2020, 4,362 inspections were carried out, including 85 regular inspections, 2,573 inspections based on complaints, 1,173 inspections as part of targeted activities and 531 control visits. The Government further indicates that these inspections were mostly carried out in cases where, in the context of the COVID-19 pandemic, the life and health of workers was at risk at the workplace. The Committee requests the Government to provide information on the measures taken or envisaged to ensure a sufficient number of inspection visits, in particular regular inspections, and to provide information on the manner in which it determines the priorities for inspection. It also requests the Government to continue to provide information on the number of labour inspections carried out, disaggregating unannounced regular inspections from complaint-based reactive inspections.

Article 20 of Convention No. 81 and Article 26 of Convention No. 129. Annual inspection report. Following its previous comments, the Committee notes the annual labour inspection reports for the years 2015 to 2019 submitted to the Office, as well as their publication on the labour inspectorate’s website.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Legislation. The Committee previously noted the legislative reforms regarding the Labour Inspection Act (LIA) of 2014 and requested the Government to indicate the extent to which labour inspectors are bound by the general principles established under the Inspections Act (IA) as well as how the overlapping or conflicting provisions under the IA and the LIA are applied in practice to the daily work of labour inspectors.

The Committee notes the Government’s reference in its report to section 3 of the LIA providing that unless otherwise provided by the LIA, the performance of inspection and inspectors shall be subject to the provisions of the IA governing inspection, the provisions governing the general administrative procedure and the provisions of specific regulations governing the supervision of individual inspection services that operate within the inspectorate. The Government states in this respect that inspectors carry out their work pursuant to the LIA, but that for issues not regulated in the LIA, they carry out inspections pursuant to the IA. In this respect, the Committee notes that qualifications of inspectors, the initiation of inspections, additional powers including seizure of documents, inspection records, and entities liable to inspection are covered by the LIA (sections 9–11 and 13–15), while inspection procedures and access to workplaces are regulated by the IA. The Committee takes note of the information provided by the Government.

Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Additional duties entrusted to labour inspectors related to immigration. The Committee previously noted with concern that labour inspectors can impose fines on migrant workers for the performance of work that violates the Employment, Self-employment and Work of Aliens Act (ESWAA) (sections 51, 60, 61, 63, and 66), and are obliged to inform the police authority when its supervision activities lead to the suspicion of illegal residence of migrant workers (section 44(4)). It requested the Government to take the necessary measures to ensure that the control duties by the labour inspectorate under the ESWAA do not prejudice the exercise of its primary duty to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers. It also requested information on the manner in which the labour inspectorate ensure the enforcement of employers’ obligations with regard to the rights of migrant workers.

The Committee notes the Government’s indication that sanctions for violations of the ESWAA do not affect the protection of labour rights of migrant workers or their right to suitable working conditions. In accordance with section 19(1)-2 of the LIA, inspectors may prohibit the worker concerned from performing work until the correction of the irregularity, if during an inspection they find that the employer has enabled a foreigner or a person without citizenship to work contrary to regulations governing the employment of foreigners. According to the 2019 annual report on inspection activities (Annual Report), the inspectors found 49 infringements in 2019, compared to 29 in 2018. The Government also states that the labour inspectorate imposed sanctions on migrant workers due to such violations in a few cases in 2018 and 2019. The Government further indicates that a migrant worker whose employment contract is determined to be null and void in accordance with section 23 of the Employment Relationship Act (ERA) only enjoys the protection of labour rights if they prove the existence of an employment relationship in court.

The Committee recalls that, in accordance with Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129, the function of the system of labour inspection is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. It also recalls that neither Convention No. 81 nor Convention No. 129 contain any provision suggesting that any worker be excluded from the protection afforded by labour inspection on account of their irregular employment status (paragraph 77, General Survey of 2006, Labour inspection). Referring to paragraph 452 of its General Survey of 2017, Working together to promote a safe and healthy working environment, the Committee further indicates that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests the Government to take measures to ensure that the duties entrusted to labour inspectors do not interfere with the fundamental objective of securing the protection of workers in accordance with the primary duties set out in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. It requests the Government to provide further specific information on the number of cases in which sanctions were imposed on migrant workers, the violations concerned and the sanctions imposed. The Committee once again requests the Government to provide information on the manner in which the labour inspection services ensure the enforcement of employers’ obligations with regard to the rights of migrant workers, in particular those in an irregular situation or without an employment contract, including specific information as to the payment of remunerations and any other benefits owed for the work they performed.

Articles 6 and 10 of Convention No. 81 and Articles 8 and 14 of Convention No. 129. Number of labour inspectors and their conditions of service. Stability and independence of labour inspectors. The Committee previously noted the continuous decline in the number of labour inspectors and their heavy workload, as well as issues related to external pressure facing inspectors from both complainants and employers, as documented in the Annual Report for 2017. It requested the Government to take measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, and to provide information on measures taken to address the pressure facing labour inspectors.

The Committee notes the Government’s information that the number of approved posts at the labour inspectorate increased from 106 in 2017 to 121 in 2019, and that recruitment procedures are under way. According to the 2019 Annual Report, there are 120 employees at the labour inspectorate, including 91 inspectors (up from 81 in 2018) and the number of business entities increased from 215,354 in 2018 to 220,236 in 2019. The Annual Report further states that inspectors, in particular those in charge of monitoring working conditions and employment relationships and social affairs, still face difficulties to promptly process all requests. In 2019, the labour inspectorate received 7,215 complaints, of which about 80 per cent fall into the competence of inspectors monitoring working conditions and employment relationships. Information in the 2019 Annual Report also indicates that the number of these inspectors has increased in recent years in response to their heavy workload, but that there has been a decrease in the number of occupational safety and health (OSH) inspectors (from 41 in 2008 to 31 in 2019). In this regard, the Annual Report states that measures will be taken to reinforce OSH inspections.

The Committee also notes the Government’s indication that a risk assessment undertaken of the work of the inspectorate indicated that nearly all employees of the labour inspectorate, and particularly inspectors, are exposed to the risk of third-party violence, due to the nature of their work. In order to address this, the labour inspectorate has taken measures to prevent unauthorized access to its offices, drafted instructions outlining measures to reduce such violence, and organized various lectures and workshops on stress management, communication in difficult situations and other relevant topics. Concerning protection against aggression, certain inspections are carried out by two inspectors or together with other supervisory authorities, and inspectors may also request that police officers be present at the inspection. The Government also indicates that, in addition to the provisions on the independence of inspectors provided for by the IA and the LIA, certain inspections are carried out by inspectors from the head office instead of local units if it is assessed necessary to prevent the external influence from local stakeholders. The Committee also notes that, however, the 2019 Annual Report states that labour inspectors continue to be overwhelmed with the amount of assigned cases and face a significant level of external pressure from both complainants and employers in the form of insults, misconduct and aggressiveness concerning matters beyond their mandate. While taking note of the increase in the number of inspectors from 2017 to 2019, the Committee requests the Government to reinforce its efforts to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, regarding both inspectors monitoring working conditions and employment relationships and OSH inspectors. It also requests the Government to continue to provide information on the measures taken in this respect. In addition, the Committee urges the Government to strengthen its efforts to address the issues raised in the 2019 Annual Report related to violence, harassment and other external pressure facing labour inspectors, including with a view to ensuring their independence from improper external influences.

Article 12(1)(b) of Convention No. 81 and Article 16(1)(b) of Convention No. 129. Access to workplaces liable to inspection. The Committee previously noted that pursuant to section 21 of the IA regarding business and other premises not belonging to the person liable, persons owning or possessing business premises, production premises or other premises or land can refuse inspectors’ free access under certain conditions. The Committee notes the Government’s explanation in response to its request that an inspection may only be denied in the exceptional cases provided for by section 21 of the IA. The Government also indicates that, if a person unjustifiably refuses to allow an inspection, they may be subject to the same measures as a witness who refuses to testify, and the inspection may be carried out against their will. With reference to its comments above on the LIA and the IA, the Committee notes that the LIA does not contain provisions relating to access to workplaces liable to inspection. The Committee recalls that, by virtue of Article 12(1)(b) of Convention No. 81 and Article 16(1)(b) of Convention No. 129, labour inspectors should be empowered to enter by day premises which they may have reasonable cause to believe to be liable to inspection in order to efficiently ensure workers’ protection, and that these Articles do not allow for any restrictions. With reference to its General Survey of 2006, Labour Inspection, paragraph 266, the Committee also recalls that restrictions placed in law or in practice on inspectors’ right of entry into workplaces can only stand in the way of achieving the objectives of labour inspection as set out in the Convention. The Committee once again urges the Government to take measures to bring the national legislation into conformity with Article 12 of Convention No. 81 and Article 16 of Convention No. 129 to ensure that that labour inspectors are empowered to enter by day premises which they may have reasonable cause to believe to be liable to inspection. In the meantime, it requests the Government to provide detailed information on the implementation of section 21 of the IA in practice, indicating the number of times that inspectors have been denied access to workplaces under this section, the reasons given for each denial under one or more of the exceptions provided for in section 21, and the outcome of any proceedings reviewing each denial.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Functions entrusted to labour inspectors. 1. Labour inspectorate’s competence in establishing employment relationships. Following its previous comments, the Committee requested the Government to continue to provide information on the work of the labour inspectorate with respect to establishing employment relationships when work is based on a civil law contract despite the existence of elements of an employment relationship, in accordance with section 19(1)(6) and 19(2) of the Labour Inspection Act (LIA).

The Committee notes the Government’s information in its report that, in 2018, inspectors found 109 violations of the prohibition of work under civil-law contracts while elements of employment relationships exist. The 2019 annual labour inspection report (Annual Report) shows that inspectors found 98 cases of such violations in 2019. The Government also states that it is complex to prove the existence of employment relationships and that the standards of proof are high. In particular, it is difficult to verify the continuity of work of a particular worker, especially in cases when records of such work are modified or inadequate, or the employer does not keep such records. The Government further states that, when a violation is detected, inspectors may temporarily prohibit the performance of the work concerned until the correction of the irregularity, order the conclusion of a written employment contract within three working days, or impose fines if necessary. In this regard, inspectors issued 17 prohibition orders in 2018 and 6 in 2019. There were also 13 cases recorded in 2018 of an inspector ordering the liable person to provide the worker concerned with a written employment contract. The Committee requests the Government to continue providing information on the activities of the labour inspectorate with respect to establishing employment relationships for those who perform work based on a civil law contract, despite the existence of elements of an employment relationship which effectively amount to an employment contract.

2. Mediation and conciliation duties. In its previous comments, the Committee noted that labour inspectors may offer mediation for the settlement of a dispute between a worker and employer under the Employment Relationship Act (ERA) as amended in 2016 (section 216). It also noted that the labour inspectorate was aiming to promote the use of mediation services provided by mediation institutions under the Project on Eliminating Conflict at Work.

The Committee notes the Government’s indication that, even though the role of the inspector in mediation is provided for by the ERA, inspectors rarely carry out this function in practice, and when they do, it is informal and not recorded. The Committee also notes the Government’s indication that the Project on Eliminating Conflict at Work will last six years from 2017 and aims to promote the use of mediation in the settlement of disputes. In this regard, the Government states that the labour inspectorate organizes free workshops and provides professional assistance in areas within its competence. The Government also indicates that the peaceful resolution of disputes of a non-legal nature by mediation contributes to alleviating the burden on the labour inspectorate by reducing the number of cases in its regular work, because many conflicts are resolved by mediation within the project that would otherwise have been the subject of an inspection procedure or that had been subject to an inspection procedure but had been concluded without reaching resolution. The Government further states that inspectors usually refer a case to the project unit of the labour inspectorate when a person requests help without an inspection being carried out, or when the law does not foresee a fine for a violation and the inspection procedure would not resolve the conflict. According to the information available on the website of the labour inspectorate, the mediation is carried out at the premises of the labour inspectorate by a neutral third-party. The Committee recalls that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. Referring to its General Survey of 2006, Labour inspection, paragraph 72, the Committee recalls the importance of not overburdening inspectorates with tasks which by their nature may be understood as incompatible with their primary function of enforcing legal provisions. The Committee requests the Government to provide further information on the measures it is taking to ensure that additional duties assigned to labour inspectors are not such as to interfere with the effective discharge of their primary duties. In this respect, it requests further information on the implementation of the Project on Eliminating Conflict at Work, including the appointment of mediators and the functioning and the staffing of the project unit, indicating if it is staffed by inspectors.

3. Supervision of the Labour Market Regulation Act by inspectors monitoring working conditions and employment relationships. The Committee previously noted that inspections of the implementation of the Labour Market Regulation Act (LMRA) are carried out by inspectors monitoring working conditions and employment relationships under the employment inspection services (EIS) within the labour inspectorate (section 150). Noting the heavy workload of the labour inspectorate, it requested the Government to indicate whether the inspectors who supervise the LMRA are recruited within the current budget of the labour inspectorate, or with a separate line of budget.

The Committee notes the Government’s information that the recruitment of all new inspectors who are employed by the labour inspectorate falls under the budget line "wages" of the applicable budget for the relevant year, adjusted with regard to the personnel plan and new recruitments concluded. There are no separate budget lines for different inspection areas, namely working conditions and employment relationships, health and safety at work and social affairs. The Committee also notes that, according to the 2019 Annual Report, the labour inspectorate detected 180 violations of the LMRA in 2018 and 105 such violations in 2019. The Committee requests the Government to take the necessary measures to ensure that the control duties by the labour inspectorate under the LMRA do not prejudice the exercise of its primary duty to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers. It also requests the Government to indicate in detail the proportion of time devoted by the inspectors to supervising implementation of the LMRA, including monitoring working conditions and employment relationships with respect to employment services, temporary employment agencies, job certification processes and unemployment insurance, compared to the time devoted to the exercise of the primary functions of labour inspectors as defined in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129.

Articles 4 and 5(b) of Convention No. 81 and Articles 7 and 12 of Convention No. 129. Supervision by a central labour inspection authority and effective cooperation between the labour inspectorate and other government services. The Committee requested the Government to provide information on the role that the Inspection Council established in accordance with section 11 of the Inspection Act (IA) plays in coordinating with the labour inspectorate, including the impact of this coordination on the planning and carrying out of labour inspections as well as any joint inspections undertaken.

The Committee notes the Government’s information on the role of the Inspection Council in planning the joint performance of inspection tasks from different inspection services. The Government indicates that the Inspection Council drafts the Strategic Orientations and Priorities of Inspectorates and Inspection Services based upon the annual work plan that different inspection services and inspectorates draw up independently. During this process, the members of inspection services agree on any joint inspections and campaigns. At the end of every year, the Inspection Council also invites members to draw up reports on the implementation of the Strategic Orientations and Priorities of Inspectorates and Inspection Services for the year, on the basis of which the Council then draws up a joint report and presents it to the Government. The Committee takes note of this information.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22, 23 and 24 of Convention No. 129. Effective cooperation between the labour inspectorate and the justice system and enforcement of administrative penalties. The Committee previously noted that labour inspectors did not regularly receive feedback with regard to criminal complaints lodged with the State Prosecutor’s Office. It thus requested further information on the measures taken or envisaged to promote effective cooperation between the labour inspectorate and the justice system. It also requested the Government to indicate the impact of inspectors’ powers to impose fines against minor offences on the work of the labour inspectorate.

The Committee notes the Government’s indication that, according to section 11a(4) of the Minor Offence Act, state prosecutors should immediately inform the minor offence authority of their decisions referred to that affect minor offence proceedings, if criminal proceedings were initiated, and of the final court decision. However, in practice this provision is often not implemented. The Committee takes due note of the Government’s indication that, in order to effectively prosecute offenders and to promote the cooperation between the labour inspectorate and state prosecutors, a joint meeting of the representatives of the Office of the State Prosecutor General and the management of the labour inspectorate was held in January 2019. An agreement was reached on the provision of feedback about the criminal complaints filed and on establishing communication between inspectors and state prosecutors upon the filing of criminal complaints and during pretrial investigations. Upon the request of the labour inspectorate, the Office of the State Prosecutor General provided training for inspectors in 2019 in order to ensure the effective filing of criminal complaints. The Government also states that the fact that the labour inspectorate is also a minor offence authority affects its volume of work. The Committee requests the Government to provide information on the impact of the agreement between the labour inspectorate and the Office of the State Prosecutor General, including the number and nature of feedbacks received upon the filing of criminal complaints and also during pretrial investigations. It once again requests the Government to provide information on the outcome of the cases referred to the justice system by the labour inspectorate, including specifically the number of convictions in relation to the infringements reported, the nature of sanctions applied and the amount of fines imposed.

Articles 6 and 11 of Convention No. 81 and Articles 15 and 20(a) of Convention No. 129. Costs for inspection procedures imposed on liable persons. The Committee previously noted that the IA obliges the person in breach of the laws or any other regulations to cover the cost of inspection procedures in establishing facts and evidence (section 31).

The Committee takes due note of the Government’s indication that funds allocated to the labour inspectorate from the public budget are approximately equivalent to its claims under non-tax revenues, including fines, court fees, costs of proceedings and administrative charges. The Committee observes that the large proportion of revenues from fines and fees may lead to uncertainty of the budgeting. It recalls that, by virtue of Article 11 of Convention No. 81 and Article 15 of Convention No. 129, it is essential for Member States to allocate the necessary material resources so that labour inspectors can carry out their duties effectively. The Committee therefore requests the Government to further provide information on the measures taken or envisaged to ensure that sufficient budgetary resources are allocated for the labour inspectorate. In this respect, it requests the Government to continue providing information on the budget of the labour inspectorate, including a specific identification as to the amount of revenues obtained for the Inspectorate through charging inspection costs as a proportion of the overall budget for the inspectorate.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Adequacy and frequency of labour inspection visits. The Committee previously noted that the labour inspectorate conducts regular inspections, reactive inspections based on complaints and control visits to follow up on a previous decision. However, it noted the low proportion of regular inspections performed by the labour inspectorate reported in the 2017 Annual Report.

The Committee notes that, according to the statistical information provided by the Government and in the 2019 Annual Report, the number of inspections carried out was 14,541 in 2017, 12,928 in 2018 and 14,118 in 2019. Moreover, the number of regular inspections decreased from 810 in 2017 to 492 in 2018. The Committee also notes that, according to the supplementary information provided by the Government, from 1 January to 31 May 2020, 4,362 inspections were carried out, including 85 regular inspections, 2,573 inspections based on complaints, 1,173 inspections as part of targeted activities and 531 control visits. The Government further indicates that these inspections were mostly carried out in cases where, in the context of the COVID-19 pandemic, the life and health of workers was at risk at the workplace. The Committee requests the Government to provide information on the measures taken or envisaged to ensure a sufficient number of inspection visits, in particular regular inspections, and to provide information on the manner in which it determines the priorities for inspection. It also requests the Government to continue to provide information on the number of labour inspections carried out, disaggregating unannounced regular inspections from complaint-based reactive inspections.

Article 20 of Convention No. 81 and Article 26 of Convention No. 129. Annual inspection report. Following its previous comments, the Committee notes the annual labour inspection reports for the years 2015 to 2019 submitted to the Office, as well as their publication on the labour inspectorate’s website.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Legislation. The Committee previously noted the legislative reforms regarding the Labour Inspection Act (LIA) of 2014 and requested the Government to indicate the extent to which labour inspectors are bound by the general principles established under the Inspections Act (IA) as well as how the overlapping or conflicting provisions under the IA and the LIA are applied in practice to the daily work of labour inspectors.

The Committee notes the Government’s reference in its report to section 3 of the LIA providing that unless otherwise provided by the LIA, the performance of inspection and inspectors shall be subject to the provisions of the IA governing inspection, the provisions governing the general administrative procedure and the provisions of specific regulations governing the supervision of individual inspection services that operate within the inspectorate. The Government states in this respect that inspectors carry out their work pursuant to the LIA, but that for issues not regulated in the LIA, they carry out inspections pursuant to the IA. In this respect, the Committee notes that qualifications of inspectors, the initiation of inspections, additional powers including seizure of documents, inspection records, and entities liable to inspection are covered by the LIA (sections 9–11 and 13–15), while inspection procedures and access to workplaces are regulated by the IA. The Committee takes note of the information provided by the Government.

Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Additional duties entrusted to labour inspectors related to immigration. The Committee previously noted with concern that labour inspectors can impose fines on migrant workers for the performance of work that violates the Employment, Self-employment and Work of Aliens Act (ESWAA) (sections 51, 60, 61, 63, and 66), and are obliged to inform the police authority when its supervision activities lead to the suspicion of illegal residence of migrant workers (section 44(4)). It requested the Government to take the necessary measures to ensure that the control duties by the labour inspectorate under the ESWAA do not prejudice the exercise of its primary duty to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers. It also requested information on the manner in which the labour inspectorate ensure the enforcement of employers’ obligations with regard to the rights of migrant workers.

The Committee notes the Government’s indication that sanctions for violations of the ESWAA do not affect the protection of labour rights of migrant workers or their right to suitable working conditions. In accordance with section 19(1)-2 of the LIA, inspectors may prohibit the worker concerned from performing work until the correction of the irregularity, if during an inspection they find that the employer has enabled a foreigner or a person without citizenship to work contrary to regulations governing the employment of foreigners. According to the 2019 annual report on inspection activities (Annual Report), the inspectors found 49 infringements in 2019, compared to 29 in 2018. The Government also states that the labour inspectorate imposed sanctions on migrant workers due to such violations in a few cases in 2018 and 2019. The Government further indicates that a migrant worker whose employment contract is determined to be null and void in accordance with section 23 of the Employment Relationship Act (ERA) only enjoys the protection of labour rights if they prove the existence of an employment relationship in court.

The Committee recalls that, in accordance with Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129, the function of the system of labour inspection is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. It also recalls that neither Convention No. 81 nor Convention No. 129 contain any provision suggesting that any worker be excluded from the protection afforded by labour inspection on account of their irregular employment status (paragraph 77, General Survey of 2006, Labour inspection). Referring to paragraph 452 of its General Survey of 2017, Working together to promote a safe and healthy working environment, the Committee further indicates that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests the Government to take measures to ensure that the duties entrusted to labour inspectors do not interfere with the fundamental objective of securing the protection of workers in accordance with the primary duties set out in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. It requests the Government to provide further specific information on the number of cases in which sanctions were imposed on migrant workers, the violations concerned and the sanctions imposed. The Committee once again requests the Government to provide information on the manner in which the labour inspection services ensure the enforcement of employers’ obligations with regard to the rights of migrant workers, in particular those in an irregular situation or without an employment contract, including specific information as to the payment of remunerations and any other benefits owed for the work they performed.

Articles 6 and 10 of Convention No. 81 and Articles 8 and 14 of Convention No. 129. Number of labour inspectors and their conditions of service. Stability and independence of labour inspectors. The Committee previously noted the continuous decline in the number of labour inspectors and their heavy workload, as well as issues related to external pressure facing inspectors from both complainants and employers, as documented in the Annual Report for 2017. It requested the Government to take measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, and to provide information on measures taken to address the pressure facing labour inspectors.

The Committee notes the Government’s information that the number of approved posts at the labour inspectorate increased from 106 in 2017 to 121 in 2019, and that recruitment procedures are under way. According to the 2019 Annual Report, there are 120 employees at the labour inspectorate, including 91 inspectors (up from 81 in 2018) and the number of business entities increased from 215,354 in 2018 to 220,236 in 2019. The Annual Report further states that inspectors, in particular those in charge of monitoring working conditions and employment relationships and social affairs, still face difficulties to promptly process all requests. In 2019, the labour inspectorate received 7,215 complaints, of which about 80 per cent fall into the competence of inspectors monitoring working conditions and employment relationships. Information in the 2019 Annual Report also indicates that the number of these inspectors has increased in recent years in response to their heavy workload, but that there has been a decrease in the number of occupational safety and health (OSH) inspectors (from 41 in 2008 to 31 in 2019). In this regard, the Annual Report states that measures will be taken to reinforce OSH inspections.

The Committee also notes the Government’s indication that a risk assessment undertaken of the work of the inspectorate indicated that nearly all employees of the labour inspectorate, and particularly inspectors, are exposed to the risk of third-party violence, due to the nature of their work. In order to address this, the labour inspectorate has taken measures to prevent unauthorized access to its offices, drafted instructions outlining measures to reduce such violence, and organized various lectures and workshops on stress management, communication in difficult situations and other relevant topics. Concerning protection against aggression, certain inspections are carried out by two inspectors or together with other supervisory authorities, and inspectors may also request that police officers be present at the inspection. The Government also indicates that, in addition to the provisions on the independence of inspectors provided for by the IA and the LIA, certain inspections are carried out by inspectors from the head office instead of local units if it is assessed necessary to prevent the external influence from local stakeholders. The Committee also notes that, however, the 2019 Annual Report states that labour inspectors continue to be overwhelmed with the amount of assigned cases and face a significant level of external pressure from both complainants and employers in the form of insults, misconduct and aggressiveness concerning matters beyond their mandate. While taking note of the increase in the number of inspectors from 2017 to 2019, the Committee requests the Government to reinforce its efforts to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, regarding both inspectors monitoring working conditions and employment relationships and OSH inspectors. It also requests the Government to continue to provide information on the measures taken in this respect. In addition, the Committee urges the Government to strengthen its efforts to address the issues raised in the 2019 Annual Report related to violence, harassment and other external pressure facing labour inspectors, including with a view to ensuring their independence from improper external influences.

Article 12(1)(b) of Convention No. 81 and Article 16(1)(b) of Convention No. 129. Access to workplaces liable to inspection. The Committee previously noted that pursuant to section 21 of the IA regarding business and other premises not belonging to the person liable, persons owning or possessing business premises, production premises or other premises or land can refuse inspectors’ free access under certain conditions. The Committee notes the Government’s explanation in response to its request that an inspection may only be denied in the exceptional cases provided for by section 21 of the IA. The Government also indicates that, if a person unjustifiably refuses to allow an inspection, they may be subject to the same measures as a witness who refuses to testify, and the inspection may be carried out against their will. With reference to its comments above on the LIA and the IA, the Committee notes that the LIA does not contain provisions relating to access to workplaces liable to inspection. The Committee recalls that, by virtue of Article 12(1)(b) of Convention No.81 and Article 16(1)(b) of Convention No.129, labour inspectors should be empowered to enter by day premises which they may have reasonable cause to believe to be liable to inspection in order to efficiently ensure workers’ protection, and that these Articles do not allow for any restrictions. With reference to its General Survey of 2006, Labour Inspection, paragraph 266, the Committee also recalls that restrictions placed in law or in practice on inspectors’ right of entry into workplaces can only stand in the way of achieving the objectives of labour inspection as set out in the Convention. The Committee once again urges the Government to take measures to bring the national legislation into conformity with Article 12 of Convention No. 81 and Article 16 of Convention No. 129 to ensure that that labour inspectors are empowered to enter by day premises which they may have reasonable cause to believe to be liable to inspection. In the meantime, it requests the Government to provide detailed information on the implementation of section 21 of the IA in practice, indicating the number of times that inspectors have been denied access to workplaces under this section, the reasons given for each denial under one or more of the exceptions provided for in section 21, and the outcome of any proceedings reviewing each denial.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Functions entrusted to labour inspectors. 1. Labour inspection activities in the area of undeclared work. The Committee notes the Government’s indication, in reply to its previous comments, that most of the supervision of undeclared work has been transferred to the Financial Administration comprising the Customs Administration (CA) since the adoption of the Prevention of Undeclared Work and Employment Act (PUWEA) in 2014. The Government’s report states that pursuant to the PUWEA, the Labour Inspectorate (LI) only retains the power to supervise violations related to unlawful advertisements for work (section 6(1)); issue a decision prohibiting undeclared work; and inform the CA if there are grounds to suspect undeclared employment (section 19(1) and (5)). As a result, only 18 violations were detected with respect to undeclared work including illegal employment (employment of third-country nationals illegally residing in Slovenia) under the PUWEA. However, the Committee also takes due note that according to the Labour Inspectorate Act (LIA), as amended in 2017, labour inspectors can issue a decision prohibiting workers from carrying out undeclared work until the violation is eliminated (section 19(1)(4)) and order the liable person to conclude a written employment contract within three working days (section 19(2)). According to the annual labour inspection report for 2017 (2017 Annual Report), available on the LI’s website, the labour inspectorate detected 1,732 violations related to employment contracts, of which 176 concerned work based on a civil law contract despite the existence of elements of an employment relationship. Inspectors issued 55 prohibition decisions, and three orders to conclude a written employment contract. The 2017 Annual Report states that inspectors often find it difficult to assess evidence in this regard and the process can be complicated and time-consuming despite the proliferation of such forms of work. The Committee requests the Government to continue to provide information on the work of the labour inspectorate with respect to establishing employment relationships for those who engage in undeclared work, specifically with regard to the measures taken when work is based on a civil law contract despite the existence of elements of an employment relationship.

2. Labour inspection activities with regard to foreign workers and the protection of foreign workers in an irregular situation. The Committee notes the Government’s indication that the new Employment, Self-employment and Work of Aliens Act (ESWAA) was adopted in 2015 to replace the Employment and Work of Foreigners Act. The LI is empowered to supervise the implementation of the ESWAA, and for this purpose, the LI has direct access to the electronic records of the Employment Service and concerning permits, European Union (EU) Blue Cards, and authorizations (section 44(2)). The Committee notes with concern that labour inspectors can impose fines on foreign workers for the performance of work that violates the ESWAA (sections 51, 60, 61, 63, and 66) and are obliged to inform the police authority when its supervision activities lead to the suspicion of illegal residence of foreigners (section 44(4)). According to the 2017 Annual Report, the LI detected such 45 violations in 2017. In its 2006 General Survey, Labour inspection, paragraph 77, the Committee indicated that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers. The Committee also recalls that neither Convention No. 81 nor Convention No. 129 contain any provision suggesting that any worker be excluded from the protection afforded by labour inspection on account of their irregular employment status (paragraph 77). The Committee also observed in its 2017 General Survey on certain occupational safety and health instruments, paragraph 452, that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests the Government to take the necessary measures to ensure that the control duties by the labour inspectorate under the ESWAA do not prejudice the exercise of its primary duty to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers. The Committee also requests the Government to provide information on the manner in which the labour inspection services ensure the enforcement of employers’ obligations with regard to the rights of foreign workers, including those in an irregular situation (such as the payment of wages and any other benefits owed for the work they performed).

3. Mediation and conciliation duties. As the Committee previously noted, labour inspectors may offer mediation for the settlement of a dispute between a worker and employer under the Employment Relationship Act (ERA) amended in 2016 (section 216). Noting the inspectors’ workload due to the understaffing of the LI, the Committee notes with interest the newly launched Project on Eliminating Conflict at Work described in the 2017 Annual Report, under which the LI is aiming to promote the use of mediation services provided by mediation institutions. The 2017 Annual Report states that this is part of their efforts to cope with the shortage of staff and the associated workload, by encouraging voluntary prevention and settlement of disputes by employers and workers themselves. This Project will continue until 2022. The Committee requests the Government to provide information on the impact of this Project in reducing the proportion of time spent by labour inspectors on mediation. In this respect, it once again requests the Government to indicate the proportion of time devoted to the settlement of disputes pursuant to section 216 of the ERA, compared to the time devoted to the exercise of the primary functions of labour inspectors as defined in Article 3 of Convention No. 81 and Article 6 of Convention No. 129.

4. Creation of the Employment Inspection Service (EIS) under the labour inspectorate in the areas of employment policy measures, including the supervision of employment services, temporary employment agencies, job certification processes and unemployment insurance. The Committee previously requested information on the new inspection service under the Labour Market Regulation Act (LMRA). The Committee notes that inspections of the implementation of the LMRA are carried out by employment inspectors with special powers and responsibilities who are employed by the EIS within the LI (section 150). Noting the heavy workload of the labour inspectorate, the Committee requests the Government to indicate whether employment inspectors are recruited within the current budget of the LI, or newly recruited specialized inspectors with a separate line of budget.

Articles 4 and 5(b) of Convention No. 81 and Articles 7 and 12 of Convention No. 129. Supervision by a central labour inspection authority and effective cooperation between the labour inspectorate and other government services. Referring to its observation regarding legal uncertainty between the LIA and the Inspection Act (IA), the Committee notes the principle of mutual cooperation under section 11 of the IA, providing that the Inspection Council (IC) shall be established as a permanent interministerial working body for the purposes of ensuring mutual coordination of work and achieving greater efficiency in different inspection services. The Committee notes that pursuant to the IA, the IC shall, among others, coordinate the joint implementation of inspection duties of different inspection services and consider common issues relating to the operation of inspection services. The IA further provides that the work of the IC shall be addressed in the procedural rules adopted by the IC in agreement with the Government. The Committee requests the Government to provide information on the role that the IC plays in coordinating with the labour inspectorate, including the impact of this coordination on the planning and carrying out of labour inspections as well as any joint inspections undertaken.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22, 23 and 24 of Convention No. 129. Effective cooperation between the LI and the justice system and enforcement of administrative penalties. The Committee notes with interest the Government’s indication that the LI, as a minor offence authority, is now empowered to impose minor fines (€1,500–€4,000), in accordance with the ERA. Labour inspectors may choose to take different measures, including administrative and prohibition decisions (written and oral), minor offence decisions with fines or reminders, payment orders, warnings, reporting suspected criminal offences. The Government however states that, with regard to criminal complaints lodged with the State Prosecutor’s Office, labour inspectors do not regularly receive feedback. The Committee requests the Government to provide further information on the measures taken or envisaged to promote effective cooperation between the labour inspection services and the justice system, including the provision of feedback to labour inspectors on the outcome of cases referred to the State Prosecutor’s Office. It once again requests the Government to provide information on the outcome of the cases referred to the justice system by the labour inspectorate (number of convictions in relation to the infringements reported, nature of sanctions applied and amount of fines imposed). The Committee also asks the Government to indicate the impact of inspectors’ powers to impose fines against minor offences on the work of the LI.

Articles 6 and 11 of Convention No. 81 and Articles 15 and 20(a) of Convention No. 129. Costs for inspection procedures imposed on liable persons. The Committee notes that the IA obliges the person in breach of the laws or any other regulations to cover the cost of inspection procedures in establishing facts and evidence (section 31). The 2017 Annual Report indicates that in 2017, the LI’s non-tax revenues through fines for minor offences, court fees, procedural costs, administrative fees and others accounted for €3,286,057 in claims. The Committee requests the Government to continue to provide information on the budget of the LI, including the proportion of revenues obtained through charging inspection costs.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Adequacy and frequency of labour inspection visits. The Committee notes the Government’s indication that the LI conducts regular inspections, reactive inspections based on complaints, and control visits to follow up on a previous decision. Referring to its observation, however, the Committee notes the low proportion of regular inspections performed by the LI reported in the 2017 Annual Report. The Committee requests the Government to provide information on the number of labour inspections carried out, disaggregating unannounced regular inspections from complaint-based reactive inspections, as well as the coverage of workplaces under unannounced regular inspections disaggregated by sectors, size of establishments, and subjects of inspections.

Article 20 of Convention No. 81 and Article 26 of Convention No. 129. Annual inspection report. The Committee notes that the annual reports on the activities of the labour inspectorate, while available on the LI’s website, have not been communicated to the ILO since 2015. The Committee requests the Government to take measures to ensure that annual labour inspection reports are transmitted to the ILO, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Legislation. The Committee previously noted the overlapping provisions of the Labour Inspection Act (LIA) and the Inspection Act (IA) (which applies to all supervisory bodies, not only the labour inspectorate). It noted that section 3 of the IA provides that in the event of conflicting provisions, other laws take precedence over the IA. It noted, however, that legal uncertainty remained with respect to a number of important issues covered by Convention No. 81, and requested the Government to provide information on steps taken to provide greater certainty regarding the applicable provisions concerning labour inspection. In this respect, the Committee notes a series of amendments to labour legislation in recent years that reshape the mandate and functions of the labour inspectorate, including further amendments to the LIA in 2017, the 2016 amendments to the Employment Relationship Act (ERA), as well as the adoption of the Employment, Self-employment and Work of Aliens Act (ESWLA) and the Prevention of Undeclared Work and Employment Act (PUWEA). It notes with concern that, despite legislative reforms in recent years, legal uncertainty remains due to conflicting or overlapping provisions of the LIA and IA, with respect to, among others, preventative measures by inspectors, qualifications for inspectors, the requirement for liable employers to cover the costs of inspection, inspectors’ free access to workplaces without prior notice with certain exceptions, inspection procedures and their costs. The Committee further notes that the labour inspectorate (LI) is proposing various amendments to the new LIA, described in detail in the annual labour inspection report for 2017 (2017 Annual Report) available on the LI’s website, some of which were transmitted to the Ministry of Labour, Family, Social Affairs and Equal Opportunities at the end of 2017. The Committee requests the Government to indicate the extent to which labour inspectors are bound by the general principles established under the IA as well as how the overlapping or conflicting provisions under the IA and the LIA are applied in practice to the daily work of labour inspectors. In this respect, it requests the Government to clearly identify the provisions of the IA from which labour inspection is excluded, in light of the exception stated in section 3 of the IA, and to provide any judicial decisions or official guidance issued in that respect.

Articles 6, 10 and 16 of Convention No. 81 and Articles 8, 14, and 21 of Convention No. 129. Number of labour inspectors and their conditions of service. Stability and independence of labour inspectors. The Committee previously noted a decline in the number of labour inspectors (from 88 in 2011 to 81 in 2013). It notes with concern, that according to the 2017 Annual Report, the number has continued to drop to 77 in 2017 (41 labour inspectors for general labour conditions and employment relationships, 31 for occupational safety and health and five for social protection and security). The 2017 Annual Report states that this occurred despite an increase of 40,000 registered business entities since 2008 and additional duties being mandated to labour inspectors under the new LIA. In 2017, labour inspectors performed a total of 14,541 inspections (7,649 in the area of labour conditions and employment relationships; 6,659 on occupational safety and health and 233 on social protection), which resulted in the detection of a total of 29,513 violations. The Committee further notes with concern that the 2017 Annual Report states that labour inspectors are overwhelmed with the amount of assigned cases, and face a significant level of external pressure from both complainants and employers in the form of insults, misconduct, and aggressiveness concerning matters beyond their mandate. Noting the continuous decline in the number of labour inspectors and their heavy workload, as documented in the 2017 Annual Report, the Committee requests the Government to take the necessary measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate. It requests the Government to provide information on the measures taken in this respect, as well as measures taken or envisaged to address the issues raised in the 2017 Annual Report related to the pressure facing labour inspectors, including with a view to ensuring their independence from improper external influences.

Article 12(1)(b) of Convention No. 81 and Article 16(1)(b) of Convention No. 129. Access to workplaces liable to inspection. The Committee previously noted that pursuant to section 21 of the IA, persons owning or possessing business premises, production premises or other premises or land can refuse inspectors’ free access under certain conditions. However, it also noted the Government’s indication that in practice, no cases had been recorded where the entry to workplaces had been refused by reason of section 21. The Committee urges the Government to take measures to bring the national legislation into conformity with Article 12 of Convention No. 81 and Article 16 of Convention No. 129 to ensure that that labour inspectors are empowered to enter by day premises which they may have reasonable cause to believe to be liable to inspection.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3(1)(a), (b) and (2) of the Convention. Functions entrusted to labour inspectors. 1. Labour inspection activities in the area of undeclared work. The Committee notes the definition of the term “undeclared employment” in section 5 of the Prevention of Undeclared Work and Employment Act, which includes, among other things, the failure to conclude employment contracts with workers and register them with the health, pension and disability insurance (section 5(1), first indent). The Committee also notes that that pursuant to 5(3) of the Prevention of Undeclared Work and Employment Act, labour inspectors are empowered to establish cases of undeclared employment as defined in section 5(1), first indent, after which the employer must provide a written contract of employment for an indefinite period to the worker. The Committee asks the Government to provide statistical information on the activities carried out by the labour inspectorate in the area of undeclared work and their outcome. In particular, please provide information on the number of cases in which formal employment contracts have been concluded and workers have been registered with the social security authorities pursuant to the measures taken by labour inspectors.

2. Labour inspection activities with regard to foreign workers. The Committee notes that the Government indicates in its report that the actions taken by labour inspectors with regard to section 60 in connection with section 66 and 67 of the Employment and Work of Foreigners Act (ZZDT-1) depend on the particularities of each case. The Committee recalls that these provisions provide that labour inspectors can fine foreign workers for the performance of work without a valid work permit.

The Committee further notes the Government’s reference to section 50 of the Act on Foreigners (ZTVj-2), as to the applicable regulations concerning the rights of foreign workers who are victims of illegal employment. In accordance with section 2 of the ZZDT-1, victims of illegal employment are under-age foreign workers residing illegally in the country or foreign workers residing illegally in the country and being employed under particularly exploitative working conditions. The Committee notes that in accordance with section 50 of the ZTVj 2, victims of illegal employment may be entitled to certain rights, if they are participating as witnesses in criminal proceedings against their employers or have lodged an action for the enforcement of employment rights. These rights include the granting of: temporary stay; temporary residence permit; free translation and interpretation; and health insurance and basic care and the right to work, where these workers have no means of subsistence.

The Committee notes from the Government’s indications that labour inspectors do not intervene in the court procedures brought by workers to assert their outstanding wages and that the residency status of workers is without prejudice to the existence of a claim and the legitimacy for asserting it.

Recalling that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the protective objective of labour inspection, the Committee requests the Government to indicate what measures exist or are envisaged to ensure that the activities of the labour inspectorate targeted at the enforcement of the obligations of foreign workers under the ZZDT-1 to hold a valid work permit do not prejudice the exercise of its primary duty to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers. In this regard, the Committee asks the Government to continue to provide information on the number of violations detected under the ZZDT-1 and to indicate the practical steps taken by the labour inspectorate in each case (number and amount of fines imposed on foreign workers found to be working without the required work permit, notification of other public entities, regularization of the situation of foreign workers and/or information of, and assistance with, any rights they are entitled to, etc.). Finally, it requests the Government to provide statistical information on the rights granted to foreign workers under the ZTVj-2, and on the number of decisions made to settle any outstanding claims of foreign workers found to be illegally employed, such as the payment of wages and any other benefits owed for the work performed in the framework of their employment relationship. This information should also be provided with regard to workers that have not been considered as victims of trafficking or victims of illegal employment and who are liable to expulsion or have been expelled.

3. Mediation and conciliation duties. The Committee notes that, following amendments to the Employment Relationships Act in 2013, labour inspectors are now empowered, in accordance with section 215 of the Act, to order the suspension of the termination of an employment relationship until the expiry of the time limit set for mediation or arbitration. The Committee asks that the Government provide information on whether the new powers contained in section 215 of the Employment Relationships Act have had an impact on the number of mediation cases dealt with by labour inspectors. It requests that the Government indicate the proportion of time devoted to the settlement of disputes pursuant to section 216 of the Employment Relationships Act, compared to the time devoted to the exercise of the principal functions of labour inspectors as defined in Article 3 of the Convention.

4. Creation of a new inspection branch for the control of professional certification processes and the control of temporary employment agencies. The Committee notes the Government’s indication that the inspection for employment branch was not established during the reporting period, but that individual inspectors carry out such inspections on the basis of a special authorization (under the Labour Market Regulation Act and the National Professional Qualifications Act). It therefore once again requests that the Government provide information on the organizational structure and mandate of the new inspection service, as well as on whether it will be composed of existing or newly recruited specialized staff, so as to ensure that there will be no adverse effect on the fulfilment of inspection tasks by the staff of the existing labour inspection branches (OSH, labour relations and social security).

Article 5(a). Effective cooperation between inspection services and other government services engaged in similar activities. 1. Cooperation with the judicial authorities. The Committee notes the Government’s indications that court decisions in appeal procedures against the non-compliance decisions of labour inspectors concerning minor offences are made available to labour inspectors and are considered in the work of the labour inspectorate. However, according to the Government, the results of criminal complaints lodged with the competent State Prosecutor’s Office are normally not made available to the labour inspectorate. The Committee asks the Government to provide further information on the measures taken or envisaged to promote effective cooperation between the labour inspection services and the justice system (content and duration of any joint training with the public prosecutor’s offices and judges; any measures taken following relevant joint meetings in order to standardize and improve criminal and minor offence procedures; and establishment of a system for the registration of court decisions that is accessible to the labour inspectorate, etc.) as well as information on the outcome of the cases referred to the justice system by the labour inspectorate (number of convictions in relation to the infringements reported, nature of sanctions applied, amount of fines imposed, etc.).

2. Inspection board. The Committee notes the Government’s information on the composition and mandate of the Inspection Board. The Committee once again asks the Government to provide a summary of the discussions, activities and decisions of the Inspection Board during the next reporting period, as well as the involvement of the social partners therein.

Article 14. Notification of industrial accidents and cases of occupational disease. Noting the Government’s indications that the Rules on reports in the field of health and safety at work have been adopted, the Committee requests the Government to provide a copy thereof.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee notes the Government’s response to the Committee’s request to clarify the relationship between the overlapping provisions of the Labour Inspection Act (ZID) and the Inspection Act (ZIN), that section 3 of the ZIN provides that in the event of conflicting provisions, other laws take precedence over the ZIN. However, as for the overlap between the ZIN and the ZID concerning the obstruction of labour inspectors in their duties, which provide for fines of €1,500 and €4,172 respectively, the Committee notes the Government’s reference to section 40 of the ZIN, which states that, in the event of conflicting provisions concerning minor offences relating to obstruction, the law providing for more lenient sanctions takes precedence.

The Committee notes that there are cases where legal uncertainty remains in relation to the application of the above laws, such as with respect to the free entry of labour inspectors to workplaces liable to inspection. In this regard, the Committee notes that section 13 of the ZID provides for the free entry of labour inspectors to workplaces, while section 21 of the ZIN provides for restrictions of this right under certain circumstances. The Committee also notes the Government’s indication that a new Labour Inspection Act is currently under preparation. The Committee requests the Government to indicate whether, in the current legislative initiatives, any steps have been taken or are envisaged to consolidate the ZID and the ZIN, so as to provide for more legal certainty with regard to the applicable provisions concerning labour inspection. It requests the Government to provide a copy of any relevant legislation, if possible in one of the ILO’s working languages, once it has been adopted.

Articles 6, 10 and 16 of the Convention. Number of labour inspectors and their conditions of service. The Committee notes that the number of labour inspectors has decreased from 88 in 2011 to 81 in 2013 (now encompassing 44 labour inspectors for inspections in the area of general labour conditions, 33 in the area of OSH and four in the area of social security). In the same time period, the ratio of workplaces per inspector has increased from 2,108 to 2,314. The Committee notes the Government’s indication that the number of inspectors urgently needs to be increased in view of the increased number of workplaces covered by labour inspection and the new and technically demanding tasks. In this regard, the Committee notes that the creation of four new labour inspector posts was envisaged for 2013. The Committee further notes that the Government has not replied to its previous comments concerning the lack of adequate conditions of service of labour inspectors including wages, in order to retain qualified staff and to ensure the independence of labour inspectors from external influences. The Committee asks the Government to report on the progress made with regard to increasing the number of labour inspectors in response to its increased workload. It also once again requests the Government to identify any measures taken or envisaged to improve the conditions of service of labour inspectors and to make them more attractive for qualified candidates. It requests that the Government identify any progress made, or obstacles encountered, in this respect.

Article 12(1)(b). Access to workplaces presumed to be liable to inspection. The Committee previously noted that under the ZIN, persons owning or in possession of business premises, production premises or other premises or land, who are not the employer subject to inspection, can refuse the entry to workplaces under certain conditions. The Committee recalls that the reasons for this refusal in section 21 of the ZIN include the risk of severe embarrassment, considerable property damage or criminal prosecution. The Committee notes the Government’s indications, according to which: section 13 of the ZID provides for the free entry of labour inspectors to workplaces; and, in practice, no cases have been recorded where the entry to workplaces has been refused by reason of section 21 of the ZIN. The Committee also notes that the Government refers to the privilege against self-incrimination in criminal law. The Committee wishes to emphasize that according to Article 12(1)(b), labour inspectors should be empowered to enter by day premises which they may have reasonable cause to believe to be liable to inspection in order to efficiently ensure workers’ protection, and that this Article of the Convention does not allow for any restrictions. With reference to its General Survey of 2006, the Committee also recalls that restrictions placed in law or in practice on inspectors’ right of entry into workplaces can only stand in the way of achieving the objectives of labour inspection as set out in the Convention. The Committee therefore requests that the Government take measures so as to bring the national legislation into conformity with the abovementioned Article of the Convention.

Article 15(a). Prohibition from having any direct or indirect interest in the undertaking liable to inspection. The Committee notes the Government’s reference to sections 15 and 17 of the ZIN as provisions giving effect to Article 15(a) of the Convention. However, none of the indicated provisions directly prohibit labour inspectors from having a direct or indirect interest in the undertaking liable to inspection. The Committee therefore requests that the Government supplement the existing legislation so as to give effect to this Article, and to provide information in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. The Committee observes that the relationship between the two main laws setting the basis for the operation of the Slovenian Labour Inspectorate, namely the Labour Inspectorate Act (Ur1RS Nos 38/1994, 32/1997 and 39/2000) and the Inspection Act (Ur1RS No. 56/2002), is not clear. It notes that there is significant overlap in various areas, such as on sanctions for the obstruction of labour inspector’s performance of duties, inspector’s rights and inspection procedure. The Committee would be grateful if the Government would clarify if and to which extent the Labour Inspectorate Act of 1994 has been revised by the Inspection Act of 2002 and indicate whether any steps are taken or envisaged to consolidate the two laws.

Articles 3(1) and (2), 10 and 16 of the Convention. Number of labour inspectors in relation to the primary and additional functions they perform. 1. Functions in the area of employment relations. The Committee observes that the work of the labour inspectorate focuses on two main areas: occupational safety and health (OSH) and the employment relationship. The Committee takes note of the detailed data provided by the Government in reply to its previous request for information on the activities of the labour inspectorate in the framework of the Employment Relationship Act No. 103/2007 which enhanced the competencies of the labour inspectorate, giving it the possibility to take legal action in minor offence proceedings. The Committee notes, in particular, that the inspectorate carried out a high number of inspection visits, including as a follow-up to requests for action submitted by workers, trade unions and employers orally and in writing and issued payment orders in 3,511 cases in 2010. The Committee requests the Government to describe in detail the operating procedures of the labour inspectorate in the framework of the Employment Relationship Act which enhanced the competencies of the labour inspectorate by giving it the possibility to take legal action in minor offence proceedings and indicate the legal provisions concerned by the payment orders issued by labour inspectors as well as the impact of the enhanced functions entrusted on the labour inspectorate with regard to the realization of the primary objective of the Convention, which is the enforcement of legal provisions relating to conditions of work and protection of workers while engaged in their work.

2. Number of labour inspectors. The Committee notes that, according to the Government, the impact of the global economic crisis led to an increase in the number of complaints lodged and requests submitted for corrective measures on the side of the labour inspectorate, and led to a higher number of inspections, detected violations and imposed measures. It also notes that the individual caseload per inspector has continuously increased since 2007, from 125.4 inspections carried out per inspector to 360.4 inspections carried out per inspector in 2010. As of May 2011, 84 inspectors were employed, of whom 42 perform inspections in relation with the employment relationship and 38 in relation with OSH, and four in the area of social security. Even though eight additional labour inspector posts were created, the number of labour inspectors decreased due to the departure of 14 labour inspectors. However, the workload has grown and additional, time intensive functions have been entrusted to the labour inspectorate since 2005, when the labour inspectorate obtained additional enforcement competencies. The Committee notes that according to the Government, the inspectors’ work has become increasingly stressful, that in particular the capacity of the inspection services for employment relationships has been exceeded requiring labour inspectors to perform significant working time outside regular working hours. The Committee requests the Government to indicate any measures taken or envisaged to strengthen the capacities of the labour inspectorate in response to its increasing workload.

3. Control of the work of foreigners. The Committee notes that section 59(1) of the Employment and Work of Aliens Act of 2011 provides that supervision of the implementation of the act shall be the responsibility of the labour inspectorate. According to section 60 in connection with sections 66 and 67 of the same act, labour inspectors may request migrant workers to produce work permits and may issue fines on them when work without a work permit is performed. The Committee notes from the Government’s report that in 2009, a total of 340 labour violations were disclosed in relation to the employment of foreigners including 260 violations of the Employment and Work of Aliens Act and 80 violations of the Prevention of Undeclared Work and Employment Act. In 2010, the total number of violations decreased to 224 (163 and 61 respectively).

The Committee recalls that, as underlined in paragraphs 77–78 of its General Survey on Labour Inspection, 2006, Convention No. 81 does not contain any provision that suggests that any worker be excluded from the protection afforded by labour inspection on account of their irregular employment status. The primary duty of labour inspectors is to protect workers and not to enforce immigration law. Given the potentially large proportion of inspection activities spent on verifying the legality of immigration status, the Committee has emphasized that additional duties that are not aimed at securing the enforcement of the legal provisions relating to conditions of work and the protection of workers should be assigned to labour inspectors only insofar as they do not interfere with their primary duties and do not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee also recalls that in most countries it is the employer who is held accountable for illegal employment as such, with the workers involved in principle being seen as victims. Where the workers concerned are foreigners residing illegally in the country, they are doubly penalized in that, in addition to losing their job they face the threat of expulsion, if not actual expulsion. The Committee has therefore emphasized that the function of verifying the legality of employment should have as its corollary, the reinstatement of the statutory rights of all the workers if it is to be compatible with the protection objective of labour inspection. This objective can only be met if the workers covered are convinced that the primary task of the inspectorate is to enforce the legal provisions relating to conditions of work and the protection of workers.

The Committee requests the Government to describe the practical steps taken by the labour inspectorate when undocumented foreigners are found to be engaged in illegal employment, notably whether sanctions are imposed on the workers as provided in sections 66 and 67 of the Employment and Work of Aliens Act and any collaboration with other public entities in this framework.

Furthermore, given the considerable workload involved in the tasks related to the verification of the employment relationship, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the activities of the labour inspectorate targeted at the enforcement of the Employment and Work of Aliens Act, do not prejudice the exercise of its primary duty to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers. It further requests the Government to describe the role of the labour inspectorate and the justice system in ensuring the discharge of the employers’ obligations with regard to the statutory rights of foreign workers found to be illegally employed, such as the payment of wages and any other benefits owed for the work performed in the framework of their employment relationship, including where they are liable to expulsion or after they have been expelled.

4. Creation of a new inspection branch. The Committee also takes note of section 150 and the following of the Labour Market Regulations Act of 28 September 2010, that came integrally into force as of January 2012, as well as section 24 and the following of the National Professional Qualifications Act of 5 January 2007, according to which the labour inspectorate is involved in the control of professional certification processes and in the control of temporary employment agencies. It notes the information in the Government’s report on the Labour Inspection (Agriculture) Convention, 1969 (No. 129), according to which an additional inspection branch within the labour inspectorate, namely the Inspection for Employment, is being set up in order to be entrusted with the implementation of the Labour Market Regulations Act. The Committee requests the Government to submit information on the organizational structure and mandate of the new inspection service, as well as whether it will be composed of existing or newly recruited specialized staff, so as to ensure that there will be no adverse effect on the fulfilment of inspection tasks by the staff of the existing labour inspection branches (OSH, Labour Relations and Social Security).

Article 3(1)(b) of the Convention. Provision of advisory services and preventative role. The Committee notes with interest that a call centre was set up which enables citizens to obtain advice and which channels relevant requests to the competent inspection service. It also notes the creation of a web portal through which users can file an electronic complaint and address questions through a general e-mail address with the relevant information being channelled to the competent labour inspection services. It also notes that the response to this instrument has been positive, as in 2010, 55 reports were submitted in this way to the labour inspectorate. It moreover notes that the topics of the most frequent questions are published on the website of the Slovenian Labour Inspectorate. The Committee requests the Government to provide information on the topics raised most frequently through the call centre and web portal and whether any follow-up action is given, for example, through targeted inspection and/or information campaigns, by the labour inspectorate. Please also provide information on any further preventative activities of the labour inspectorate, carried out in collaboration with employers’ and workers’ organizations.

Article 5(a) of the Convention. Effective cooperation between inspection services and other government services engaged in similar activities. 1. The Committee notes from the Government’s reply to previous comments that training sessions were organized for 80 police officers in October 2008, and 50 officers in May 2009, in addition to representatives of the State Prosecutor’s Office. The purpose of the training was to familiarize police officers with OSH legislation, to introduce aspects of collaboration when investigating into accidents at work, and to focus on criminal offences in connection with accidents at work. It observes the Government’s positive evaluation of this experience, indicating that this kind of training had contributed to a better operational work in practice. The Committee requests the Government to provide details on the specific content and duration of the common training with the police and its impact on the prevention and investigation of industrial accidents.

2. The Committee notes the information provided on the Inspections Board which is a permanent inter-ministerial working body coordinating the joint implementation of inspection duties of different inspection services, considers common issues relating to the operation of inspection services, deals with questions relating to training in inspection services and discuss, coordinate and plans measures to provide information support to inspection services. It is composed of four committees on performance monitoring, education and training, IT support and legal affairs. The Committee would be grateful if the Government would specify the composition of the Inspection Board and explain the relationship between the Board and the labour inspection central authority as well as the social partners. Please also provide a summary of the activities and decisions of the Inspection Board over the reporting period, as well as their impact in terms of both law enforcement and conditions of work of labour inspectors.

3. The Committee notes the information provided in reply to its direct request according to which meetings are held between the labour inspectorate and the public prosecutors at local level focusing on actual cases. It also notes that meetings and work consultations were held with the Office of the State Prosecutor General in order to standardize and improve the effective filing of criminal complaints. In this framework, the labour inspectorate organized a workshop with the judicial branch on how to improve minor offence procedures. With reference to its general observation of 2007 the Committee requests the Government to indicate any measures taken or envisaged to promote effective cooperation between the labour inspection services and the justice system, especially in the framework of the functioning of the labour inspectorate as a misdemeanour authority for minor offences, as well as information on the judicial treatment of any cases referred to the justice system by the labour inspectorate.

4. The Committee notes that the labour inspectorate obtained access to electronic databases maintained by other state authorities and that, as a result, the information exchange became faster and more efficient. The Committee asks the Government to specify the type of data maintained in databases by other State authorities and shared with the labour inspectorate.

Article 6. Status and conditions of service of labour inspectors. 1. The Committee notes that 14 labour inspectors departed from the service during the reporting period. While the Government indicates that some cases were due to retirement or alternative employment, in nine cases the Government does not indicate the motives for the departure. The Committee also notes that according to section 7 of the Labour Inspection Act and section 153(1)(6) and (7) of the Civil Servants Act, the employment of labour inspectors may be terminated if they fail to pass a professional qualification test which is due every three years. The Commission recalls that according to Article 6 of the Convention, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment. The Committee requests the Government to amend section 7 of the Labour Inspection Act so that the continuing employment of labour inspectors is not conditional on passing a professional qualification test every three years. Noting moreover, that according to the Government, the Inspection Board cooperates with representative trade unions on issues relating to the status of labour inspectors, the Committee requests the Government to communicate any position of trade unions expressed on this matter.

Recalling moreover that according to Article 7 of the Convention, labour inspectors should be adequately trained for the performance of their duties, the Committee requests the Government to provide details on the initial and continuing training provided to labour inspectors and its impact on the effective performance of their duties.

2. The Committee notes that in reply to its previous comments the Government acknowledges that no measures to improve the position of labour inspector or to increase the interest in this profession were taken during the reporting period. Three labour inspectors left the service for new employment. The Committee also notes from the Government’s report and the Annual Labour Inspection report 2009 (OSH part) that potential candidates were discouraged by demanding working conditions and low wage levels to be expected. Competitions for OSH inspectors had to be repeated due to the absence of sufficiently qualified candidates. The Committee emphasizes the importance of offering attractive conditions of service corresponding to the complexity and socio-economic importance of the labour inspections functions, in order to retain qualified staff and to ensure the independence of the labour inspection services from external influences. The Committee once again requests the Government to indicate any measures taken or under consideration to improve the conditions of service of labour inspectors and make them more attractive for qualified candidates. It requests the Government to indicate any progress made or obstacles encountered in this respect.

Article 12(b). Access to presumed workplaces. The Committee notes that according to section 21 of the Inspection Act, the access of labour inspectors to premises not belonging to a person liable to inspection may be refused if the inspection process might cause property damage or “severe embarrassment” even though there is suspicion of the presence of persons performing activities and being liable to inspection”. The Committee wishes to underline that according to Article 12(1)(b), labour inspectors should be empowered to enter by day premises which they may have reasonable cause to believe to be liable to inspection in order to efficiently ensure workers’ protection. The Committee requests the Government to indicate how it gives effect to this obligation in practice.

Article 15(a). Prohibition from having any direct or indirect interest in the undertaking liable to inspection. The Committee would be grateful if the Government would indicate which legislative provision gives effect to the labour inspectors’ obligation not to have any direct or indirect interest in the undertaking under their supervision.

Article 14. Notification of industrial accidents and cases of occupational disease in accordance with national laws and regulations. The Committee notes from the Government’s reply to its previous comments that the draft rules on record keeping and reporting in the area of OSH have not yet been adopted. The Committee requests the Government to provide the Office with a copy of the rules on record keeping and reporting in the area of OSH once adopted.

Articles 17 and 18. Adequate penalties for the violation of enforceable legal provisions and for the obstruction of labour inspectors. Deterrence of sanctions. The Committee notes the Government’s reply to its previous comments on the applicable legal provisions in cases of obstruction of labour inspectors. It notes with interest, that the obstruction of an official is considered as a criminal act which may lead to a sentence of imprisonment in accordance with article 299 of the Penal Code. It also observes, however, the overlap between section 38 of the Inspection Act and section 24 of the Labour Inspection Act which impose fines of €1,500 and €4,172 respectively, for obstruction. The Committee would be grateful if the Government would clarify the applicable provisions in this case. It reiterates its request for information on the application of these sanctions in practice and asks the Government to provide relevant statistics in its next report.

Articles 20 and 21 of the Convention. Communication of the annual report. The Committee notes with interest that a detailed report with a summary data extracted from the annual labour inspection reports was provided by the Government. The Committee encourages the Government to continue to provide summaries of the content of annual labour inspection reports which are available on the internet in Slovenia.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

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. 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.

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 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.

Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes 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.

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 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 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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government in reply to its previous comments on the working conditions and transport facilities of labour inspectors and on the fast-track procedure for violations. It also notes the information contained in the activity reports of the inspection services for 2005 and 2006 and would like to emphasize the high quality of that information.

The Committee also notes the comments of 2003 made by the Association of Employers for Craft Activities, mentioning that a chapter of the Employment Relationships Act of 24 April 2002 is devoted to labour inspection.

Articles 3 and 10 of the Convention. Number of labour inspectors in relation to their responsibilities. The Committee notes that, since 2005, the labour inspectorate has been acting as a misdemeanours authority and may now impose sanctions directly in the context of fast-track procedures described by the Government in its report. It also notes that the Employment Relationships Act of 2002 entrusts labour inspectors with mediation duties to ensure the amicable settlement of individual labour disputes (section 228). Referring to its previous comments and noting that the number of labour inspectors has remained the same for several years, the Committee hopes that the Government will ensure that the numerous duties performed by labour inspectors do not interfere with the effective discharge of their primary duties of inspection defined by Article 3, paragraph 1, namely: (a) to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers; (b) to supply technical information and advice to employers and workers; and (c) to contribute to the improvement of the labour legislation.

Article 5(a) and (b). Cooperation between the inspection services and other government services and public institutions – Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes the establishment of the Inspections Board, a permanent interdisciplinary body responsible for coordinating activities and improving the efficiency of the various inspection services. According to the Government, the Inspections Board cooperates with representative workers’ organizations with regard to the enforcement of labour legislation by labour inspectors. The Committee requests the Government to provide information on the operation of this body in practice and on its impact on the activities and working conditions of labour inspectors. The Government is also requested to provide additional information on the collaboration of the inspection services with employers’ and workers’ organizations in practice. Furthermore, referring to its general observation of 2007 on the cooperation between the inspection services and the judicial bodies and noting that, according to the Government, no court decisions connected to this Convention are available, the Committee also requests it to keep the Office informed of the arrangements made or envisaged to implement such cooperation and any progress made by this means in relation to the objective of the Convention.

Articles 6 and 7. Stability of employment of labour inspectors and training. The Committee notes the amendment of section 13 of the Inspection Act (published in Official Gazette No. 56/2002). In order to be able to assess this new provision in relation to the obligation to ensure stability of employment for labour inspectors, as established by Article 6 of the Convention, the Committee would be grateful if the Government would indicate whether the professional examination referred to in section 13 of the Act is an examination allowing access to the profession of labour inspector or whether it is an examination aimed at their development during their career. The Committee would also be grateful if the Government would indicate whether there have been recent examples of an inspector’s contract being terminated and, if so, to indicate the procedure followed and the relevant legal provisions.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes with interest that an inspection campaign on the degree of application by employers of the legislation relating to the notification and recording of industrial accidents by employers (sections 27 and 39(7) of the Occupational Health and Safety Act) was conducted by the labour inspectorate in 2005. It notes that this campaign showed that industrial accidents leading to incapacity for more than three days were not always declared by employers. With regard to cases of occupational disease, it emerges from the 2005 report of the labour inspectorate that, during the last ten years, it was notified of only ten cases and that, in 2005, only two of the 13 cases recorded by the Pension and Invalidity Insurance Institute of Slovenia were notified. The labour inspectorate, which states that it is aware that these figures do not reflect the reality, also emphasizes in the same report the importance of having available accurate information on suspected cases of occupational disease, as well as on known cases of occupational disease, in order to be in a position to identify the causes of disease with a view to eliminating them and ensuring the implementation of measures aimed at protecting the health of workers. The Committee requests the Government to take the necessary measures to ensure that the labour inspectorate is informed of industrial accidents and cases of occupational disease, in the cases defined by the legislation, so as to allow it to carry out its mission of prevention.

Article 18. Physical safety of labour inspectors. In reply to the Committee’s comments on this subject, the Government indicates that the work of the interdisciplinary committee, which was established several years ago to devise procedures intended principally to improve the personal safety of public servants, has not been completed. It refers once again to the circular of 1998 which stipulates the procedures to be followed in the event of threats (request for assistance from the police, etc.) and indicates that inspectors have had mobile telephones for several years. The Committee requests the Government to indicate whether the above procedures are still applied and, if not, to indicate the measures taken or envisaged to ensure the physical safety of inspectors in the discharge of their duties. The Government is also requested to indicate whether acts of obstruction or violence have recently been committed against labour inspectors and reported to the central authority and, if so, to provide information on the action taken in response to these violations as well as on the sanctions imposed on the perpetrators.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report on the application of the Convention for the period from 31 May 2003 to 31 May 2005 and the attached Employment Act. In particular, the Committee notes with interest the quality of the information and analysis contained in the annual report on the work and activities of the labour inspectorate for 2004.

1. Articles 6 and 7 of the Convention. Impact of the conditions for the further training of labour inspectors on their conditions of service and career development. The Committee notes that, under the terms of section 13 of Act No. 56/2002 on inspection, an inspector may be suspended if he or she does not take a specialized examination within the established deadline or does not acquire the qualification due to his or her own fault. The same text provides that inspectors may also be suspended under other legal provisions regulating employment relations in state bodies. The Committee would be grateful if the Government would: (i) describe the administrative procedure through which an inspector is suspended in the two cases covered by the above provisions; (ii) indicate in detail the other legal provisions on the basis of which a decision may be made to suspend an inspector; and (iii) specify the consequences of suspension on terms and conditions of service (remuneration, career, social rights) and stability of employment, taking into account the terms of Article 6 of the Convention, and on the qualification of the inspector concerned.

2. Articles 10 and 3. Number of labour inspectors and other duties entrusted to them. The annual report on the work and activities of the labour inspectorate for 2004 refers 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 is responsible for enforcing: 82 inspectors are responsible for supervising 176,335 establishments, or a ratio of 2,150 establishments per inspector. Moreover, the labour inspectorate is called upon by other ministers and public institutions to perform additional duties, such as, since 1997, participation in government campaigns for the detection and prevention of illegal work and employment, which mobilized over half of labour inspectors in 2004. The Committee reminds the Government that the principal function of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers and that it is essential, for the achievement of the socio‑economic objective of labour inspection, to ensure that any further duties that are entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties nor to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers (Article 3, paragraph 2). The Committee requests the Government to indicate the action taken as a result of the comments and suggestions made by the central inspection authority in the annual report on its activities, one of the objectives of which is, in relation to the aims of the Convention, to provide a basis for evaluating the operation of the inspection system in relation to needs and priorities and to determine measures intended to improve its effectiveness.

3. Article 11. Material working conditions and transport facilities of labour inspectors. According to the annual report referred to above, the working conditions of labour inspectors are not appropriate to the requirements of their functions: the offices are small and insufficient in number in seven areas, without the facilities to ensure the confidentiality of interviews or to file documents. Furthermore, the vehicles available are old and insufficient in numbers and would need to be increased rapidly so that inspectors can cover all the workplaces liable to inspection. Noting the indication regarding the lack of availability of the necessary resources, the Committee hopes that measures will nevertheless be taken rapidly by the Government, where necessary through recourse to external financial assistance, to improve the material working conditions of inspectors in terms of offices, equipment and transport facilities, as required by the Convention, and that relevant information will be provided in the next report.

4. Physical security of labour inspection staff. The annual inspection report for 2005 describes a climate of insecurity which has long affected regional offices shared by the labour inspectorate and other services of the public administration and the risk of the aggravation of the situation due to the implementation of the new powers to impose sanctions with which inspectors have been entrusted since 2005. It is suggested that security measures should be adopted to protect inspectors from potential acts of violence by discontented individuals, and that rules for reporting and behaviour in the event of all types of threat, such as the instructions prepared for labour inspectors in 1998, should be applicable to all staff sharing regional offices. Noting from the annual report that, where necessary, inspectors are assisted by the police during inspections, the Committee would be grateful if the Government would provide a copy of the 1998 instructions referred to in the annual report and indicate the measures adopted to ensure the physical security of officials in labour inspection offices.

5. Article 17. Power of labour inspectors to initiate prompt legal proceedings. The annual report on the work and activities of the labour inspectorate indicates that, since May 2005, labour inspectors have been entrusted with powers to initiate penal proceedings under the Misdemeanours Act, particularly through fast-track procedures, and are empowered to impose fines, the amounts of which have been raised. The Committee would be grateful if the Government would provide a copy of the Misdemeanours Act and supply clarifications in its next report on the fast-track procedures referred to above and their impact in practice.

6. Part VI of the report form. The Committee once again requests the Government to provide the observations made by the Employers’ Association of Slovenia in 2002 and the Association of Employers for Craft Activities in 2003, to which it referred in its previous report.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report on the application of the Convention for the period from 31 May 2003 to 31 May 2005 and the attached Employment Act. In particular, the Committee notes with interest the quality of the information and analysis contained in the annual report on the work and activities of the labour inspectorate for 2004.

1. Articles 6 and 7 of the Convention. Impact of the conditions for the further training of labour inspectors on their conditions of service and career development. The Committee notes that, under the terms of section 13 of Act No. 56/2002 on inspection, an inspector may be suspended if he or she does not take a specialized examination within the established deadline or does not acquire the qualification due to his or her own fault. The same text provides that inspectors may also be suspended under other legal provisions regulating employment relations in state bodies. The Committee would be grateful if the Government would: (i) describe the administrative procedure through which an inspector is suspended in the two cases covered by the above provisions; (ii) indicate in detail the other legal provisions on the basis of which a decision may be made to suspend an inspector; and (iii) specify the consequences of suspension on terms and conditions of service (remuneration, career, social rights) and stability of employment, taking into account the terms of Article 6 of the Convention, and on the qualification of the inspector concerned.

2. Articles 10 and 3. Number of labour inspectors and other duties entrusted to them. The annual report on the work and activities of the labour inspectorate for 2004 refers 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 is responsible for enforcing: 82 inspectors are responsible for supervising 176,335 establishments, or a ratio of 2,150 establishments per inspector. Moreover, the labour inspectorate is called upon by other ministers and public institutions to perform additional duties, such as, since 1997, participation in government campaigns for the detection and prevention of illegal work and employment, which mobilized over half of labour inspectors in 2004. The Committee reminds the Government that the principal function of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers and that it is essential, for the achievement of the socio‑economic objective of labour inspection, to ensure that any further duties that are entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties nor to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers (Article 3, paragraph 2). The Committee requests the Government to indicate the action taken as a result of the comments and suggestions made by the central inspection authority in the annual report on its activities, one of the objectives of which is, in relation to the aims of the Convention, to provide a basis for evaluating the operation of the inspection system in relation to needs and priorities and to determine measures intended to improve its effectiveness.

3. Article 11. Material working conditions and transport facilities of labour inspectors. According to the annual report referred to above, the working conditions of labour inspectors are not appropriate to the requirements of their functions: the offices are small and insufficient in number in seven areas, without the facilities to ensure the confidentiality of interviews or to file documents. Furthermore, the vehicles available are old and insufficient in numbers and would need to be increased rapidly so that inspectors can cover all the workplaces liable to inspection. Noting the indication regarding the lack of availability of the necessary resources, the Committee hopes that measures will nevertheless be taken rapidly by the Government, where necessary through recourse to external financial assistance, to improve the material working conditions of inspectors in terms of offices, equipment and transport facilities, as required by the Convention, and that relevant information will be provided in the next report.

4. Physical security of labour inspection staff. The annual inspection report for 2005 describes a climate of insecurity which has long affected regional offices shared by the labour inspectorate and other services of the public administration and the risk of the aggravation of the situation due to the implementation of the new powers to impose sanctions with which inspectors have been entrusted since 2005. It is suggested that security measures should be adopted to protect inspectors from potential acts of violence by discontented individuals, and that rules for reporting and behaviour in the event of all types of threat, such as the instructions prepared for labour inspectors in 1998, should be applicable to all staff sharing regional offices. Noting from the annual report that, where necessary, inspectors are assisted by the police during inspections, the Committee would be grateful if the Government would provide a copy of the 1998 instructions referred to in the annual report and indicate the measures adopted to ensure the physical security of officials in labour inspection offices.

5. Article 17. Power of labour inspectors to initiate prompt legal proceedings. The annual report on the work and activities of the labour inspectorate indicates that, since May 2005, labour inspectors have been entrusted with powers to initiate penal proceedings under the Misdemeanours Act, particularly through fast-track procedures, and are empowered to impose fines, the amounts of which have been raised. The Committee would be grateful if the Government would provide a copy of the Misdemeanours Act and supply clarifications in its next report on the fast-track procedures referred to above and their impact in practice.

6. Part VI of the report form. The Committee once again requests the Government to provide the observations made by the Employers’ Association of Slovenia in 2002 and the Association of Employers for Craft Activities in 2003, to which it referred in its previous report.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reports for the period ending 30 May 2003 and the 2001 Labour Inspectorate report. It also notes the indication by the Government that observations had been received in 2002 from the Employers’ Association of Slovenia and in 2003 from the Association of Employers for Craft Activities. It would be grateful if the Government would provide information on the content of these observations.

Also noting that in 2000 Article 9 of the Labour Inspection Act, which provided for the dismissal of inspectors, was repealed to be replaced in the 2002 amended Labour Inspection Act (Uradni list RS, 56/02) by a similar provision, the Committee would like to underline that, according to Article 6 of the Convention, the labour inspection staff should be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. The Committee had considered in its General Survey of 1985 on labour inspection that it should be possible to dismiss inspectors only for a serious professional misconduct, which should be defined in as precise terms as possible in order to avoid arbitrary interpretations (paragraph 143). It thus hopes that the Government would ensure that legislation be put in conformity with the Convention in this regard and that it could supply information on measures taken and on results achieved.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information contained in the Government's report regarding the legislation ensuring the continued application of the Convention. It would be grateful if the Government would provide information on the practical application of the different Articles of the Convention in the form approved by the Governing Body. It also hopes that annual reports on the activities of the inspection services as required by Articles 20 and 21 of the Convention will be provided.