Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Slovenia (Ratification: 1992)

The Committee notes the observations submitted by the International Transport Workers’ Federation (ITF), received on 1 September 2025, which point to a situation where a registered trade union in Slovenia is closely linked to a private company representing shipowners, with both entities sharing leadership and operational control, alleging that this results in the same individual representing both employers and workers, undermining union independence. The Committee requests the Government to provide its comments in this regard. The Committee also notes the observations of the Confederation of Trade Unions of Slovenia (PERGAM) and the Association of Employers of Slovenia (ZDS), communicated with the Government’s report and providing their views thereon.

Articles 1 and 3 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comment, the Committee noted the Government’s indication that the Protection against Discrimination Act (ZvarD) and the Employment Relations Act (ZDR-1) provided substantial safeguards and invited the Government to provide information on any labour inspection or judicial decision regarding protection against anti-union discrimination of workers who engage in trade union activities without being formally affiliated to a union. The Committee notes that the Government does not provide information in this regard but indicates that the Employment Relationships Act was amended in 2023 and strengthens protection for employees’ representatives against unlawful dismissal (addition of new section 113): (i) if the illegality of the termination is invoked in court, the suspension of the termination of employment is extended until the first-instance decision or for no more than six months; and (ii) the possibility to create a special fund to reimburse the compensation paid to the employee during the suspension of the termination of the employment when the court of first-instance finds the termination lawful. The Committee notes with interest the above amendments, which aim to strengthen protection against acts of anti-union discrimination and requests the Government to provide information on its application in practice.

The Committee also requested the Government to provide information on the cases of anti-union discrimination addressed by the Labour Inspectorate, the Advocate of the Principle of Equality and the courts. The Committee notes the Government’s indication that while the Labour Inspectorate does not categorize violations based on the personal grounds that led to discrimination infractions, it was able to identify one anti-union discrimination case examined by the Labour Inspectorate in 2025 and one case examined by the Advocate of the Principle of Equality. Taking due note of the information provided, the Committee requests the Government to continue providing information on cases of anti-union discrimination addressed by the Labour Inspectorate, the Advocate of the Principle of Equality and the courts, as well as their duration and their final outcomes.

Articles 2 and 3. Adequate protection against acts of interference. In its previous comment, the Committee requested the Government to consider, in consultation with the social partners, complementing its legislation regarding the prohibition of anti-union interference and to provide information on any new developments concerning the interpretation and application of section 200(2) of the Criminal Code that sets out the penalties for “taking over a union”. The Committee notes that the Government reiterates information provided previously that the term “takeover of a trade union” remains undefined as Slovenian courts have not ruled on this issue but indicates that, according to a Comprehensive Expert Commentary on the Special Part of the Criminal Code, the term could involve placing a workers’ organization under the control of employers or employers’ organizations through financial or other means. The Committee further notes the Government’s statement that no practical issues have arisen regarding section 200(2) of the Criminal Code, nor have there been initiatives or proposals for an alternative regulation or amendments but that it will re-examine this issue when next amending the Criminal Code in cooperation with the competent authorities, experts and, where necessary, following consultations with stakeholders and the public. In view of the above, the Committee requests the Government to take the necessary measures, in consultation with the social partners, to complement its legislation regarding the prohibition of anti-union interference so as to provide clear and precise legislative provisions to protect workers’ organizations from all acts of interference, such as attempts to place them under employer control by financial or other means. The Committee requests the Government to provide information on any new developments in this regard and reminds the Government that it can avail itself of the technical assistance of the Office, if it so wishes.