Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 132 (annual paid holiday) and 175 (part-time work) together.

Annual holidays with pay

Article 7 of Convention No. 132. Holiday pay. The Committee notes that in reply to its previous comments, the Government indicates that pursuant to Article 131 of the Employment Relationships Act (ZDR-1), workers are entitled to annual leave allowance of at least the minimum wage paid by 1 July at the latest, but that branch collective agreements may provide for a higher annual leave pay and earlier payment. The Government also indicates that the annual leave allowance is a one-off benefit, which should be distinguished from the 100 per cent of salary compensation that the worker is entitled to during the period of absence due to annual leave. The Committee observes that the Employment Relationships Act (ZDR-1) seems to contain no provisions providing that very person taking the holidays receives in respect of the full period of that holiday at least his normal or average remuneration and that holiday remuneration must be paid in advance of the holidays, as required by Article 7(1) and (2).The Committee requests the Government to: (i) clarify whether the allowance foreseen in Section 131 of the Employment Relationships Act is paid to workers on top of the remuneration due to them during their full period of holiday and that this is equivalent to at least their normal or average remuneration; (ii) indicate whether such remuneration is effectively paid in advance of the holiday; and (iii) indicate any legal provision giving effect to Article 7 of the Convention, if any.

Part-time work

Article 5 of Convention No. 175. Working conditions for part-time workers. Wages. The Committee notes that in response to its previous comments, the Government gives detailed explanations as to how the provisions on part-time employment of pensioners of the Labour Market Regulation Act give effect to the requirements of the Convention concerning the basic wage and other working conditions of part time workers. The Committee notes this information which replies to its previous request.

Article 7. Working conditions of part-time workers. Maternity. Termination of employment. Paid annual leave and paid public holidays. Sick leave. The Committee notes the Government’s indication that, according to section 27a(2) of the Labour Market Regulation Act, the relevant provisions of the Employment Relationships Act shall apply to temporary or occasional work of pensioners. The Government also indicates that while pensioners retain their pensions when they work part-time, the specific contractual conditions under which they work (resulting from a non-standard employment relationship) could limit the application of some employment protections regulated by Article 7. The Committee requests the Government to indicate how it is ensured, in law and in practice, that pensioners working part-time receive conditions equivalent to those of comparable full-time workers in the fields described under Article 7, where applicable, and to provide concrete examples of the application of this Article to the above-mentioned workers.

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

Article 7 of the Convention. Holiday pay. The Committee notes the adoption of the Employment Relationships Act ZDR-1 (ACT ZDR-1) (Official Gazette No. 21/2013) which entered into force in April 2013, in particular section 159(1) according to which a worker obtains the right to annual leave by entering into an employment relationship, or 1/12 of annual leave for each month of employment (and no longer after an uninterrupted period of service, which may not exceed six months, as was the case under section 161 of the previous Employment Relationships Act).

In addition, the Committee notes that under section 131 of Act ZDR-1, the employer is obliged to pay annual leave compensation in the amount of at least the minimum wage and also that the annual leave pay must be paid by 1 July at the latest. The Committee requests the Government to specify how it is ensured in law and in practice that every person taking his annual holiday is entitled to receive at least his normal or average remuneration and that such remuneration is effectively paid in advance of the holiday, as required under this Article of the Convention.

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

Articles 5 and 7 of the Convention. Working conditions for part-time workers. The Committee notes the adoption of the new Employment Relationships Act ZDR-1 (Official Gazette No. 21/2013), in particular sections 65–67 on part-time employment contracts. It also notes the adoption of the Labour Market Regulation Act ZUTD (Official Gazette Nos 80/2010, 21/2013, 63/2013), which replaced the Employment and Unemployment Insurance Act. More concretely, the Committee notes that sections 27a to 27c of the Labour Market Regulation Act authorize the part-time employment of pensioners provided that it does not exceed 60 hours per month and the aggregate yearly income does not exceed €6,300. The Committee understands that these provisions reproduce in part or are heavily inspired by the provisions of the Temporary Work Act of 2010 which was strongly opposed and finally defeated in a national referendum in April 2011. The Temporary Work Act intended to regulate different forms of temporary or permanent part-time work of students, pensioners and unemployed persons on a basis of a special contractual relationship – this relationship not being an employment relationship and therefore not being subject to the national employment legislation. Under the Temporary Work Act, part-time workers’ entitlements were significantly reduced including a lower pay, no remuneration for sick leave, no holiday allowance, no severance pay and no annual holidays. The Committee accordingly requests the Government to provide detailed explanations as to how the provisions on part-time employment of pensioners of the Labour Market Regulation Act give effect to the requirements of the Convention concerning the basic wage and other working conditions of part time workers (Articles 5 and 7).

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

Articles 5 and 7 of the Convention. Working conditions for part-time workers. The Committee notes the adoption of the new Employment Relationships Act ZDR-1 (Official Gazette No. 21/2013), in particular sections 65–67 on part-time employment contracts. It also notes the adoption of the Labour Market Regulation Act ZUTD (Official Gazette Nos 80/2010, 21/2013, 63/2013), which replaced the Employment and Unemployment Insurance Act. More concretely, the Committee notes that sections 27a to 27c of the Labour Market Regulation Act authorize the part-time employment of pensioners provided that it does not exceed 60 hours per month and the aggregate yearly income does not exceed €6,300. The Committee understands that these provisions reproduce in part or are heavily inspired by the provisions of the Temporary Work Act of 2010 which was strongly opposed and finally defeated in a national referendum in April 2011. The Temporary Work Act intended to regulate different forms of temporary or permanent part-time work of students, pensioners and unemployed persons on a basis of a special contractual relationship – this relationship not being an employment relationship and therefore not being subject to the national employment legislation. Under the Temporary Work Act, part-time workers’ entitlements were significantly reduced including a lower pay, no remuneration for sick leave, no holiday allowance, no severance pay and no annual holidays. The Committee accordingly requests the Government to provide detailed explanations as to how the provisions on part-time employment of pensioners of the Labour Market Regulation Act give effect to the requirements of the Convention concerning the basic wage and other working conditions of part time workers (Articles 5 and 7).

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

Article 7 of the Convention. Holiday pay. The Committee notes the adoption of the Employment Relationships Act ZDR-1 (ACT ZDR-1) (Official Gazette No. 21/2013) which entered into force in April 2013, in particular section 159(1) according to which a worker obtains the right to annual leave by entering into an employment relationship, or 1/12 of annual leave for each month of employment (and no longer after an uninterrupted period of service, which may not exceed six months, as was the case under section 161 of the previous Employment Relationships Act).

In addition, the Committee notes that under section 131 of Act ZDR-1, the employer is obliged to pay annual leave compensation in the amount of at least the minimum wage and also that the annual leave pay must be paid by 1 July at the latest. The Committee requests the Government to specify how it is ensured in law and in practice that every person taking his annual holiday is entitled to receive at least his normal or average remuneration and that such remuneration is effectively paid in advance of the holiday, as required under this Article of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the explanations provided by the Government concerning the application of Articles 6 (sickness benefits), 10 (voluntary transfer from full-time to part-time work) and 11 (consultations and collective agreements) of the Convention.

Article 7(a) of the Convention. Nursing breaks. While noting the Government’s explanations concerning motherhood protection in general, as regulated by the Parental Care and Family Benefits Act (Official Gazette No. 110 (2006)), the Committee observes that there seems to exist no express provision guaranteeing to part-time female workers the right to a breastfeeding break during working time. It considers, in this connection, that if section 193 of the Employment Relationships Act on breastfeeding breaks is to be read in conjunction with section 64(3), which provides that part-time workers exercise the rights and obligations arising from their employment relationship proportionally to the time for which the employment relationship is concluded, then the one-hour breastfeeding break normally granted to full-time workers would risk being reduced to an unreasonably short period of time, for instance, in the case of a nursing mother working at 25 or 30 per cent of a full-time job. The Committee therefore requests the Government to specify how it is ensured both in law and in practice that nursing mothers working part-time are entitled to a breastfeeding break during their working time in conditions equivalent to those of comparable full-time workers.

Article 9, paragraph 2(c). Measures facilitating access to part-time work. The Committee notes the Government’s reference to various measures provided for in the Employment and Unemployment Insurance Act, including subsidies to create both full-time and part-time jobs and the reimbursement of employers’ contributions to the unemployment insurance fund when an employer employs certain types of unemployed persons. It would appreciate if the Government would give an indication as to the results obtained in practice, especially in terms of new part-time work positions for workers with special needs and preferences, such as the unemployed, workers with family responsibilities, older workers, workers with disabilities and workers undergoing education or training.

Part V of the report form. Application in practice. The Committee notes the detailed account on the labour inspection results for the period 2003–08 which indicate a general increase of part-time employment contracts, sometimes linked to abusive practices such as long uncounted overtime hours. The Committee would be grateful if the Government would continue to provide up to date information concerning the practical application of the Convention including, for instance, the number of workers covered by the relevant legislation, if possible broken down by gender and age; extracts from labour inspection reports containing the number and nature of infringements observed and the penalties imposed; recent surveys or studies concerning trends in part-time work; copies of collective agreements containing clauses on part-time work; as well as any other particulars pertaining to the implementation of the requirements set forth in the Convention.

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

The Committee notes the adoption of Act No. 103/07 (OGRS) which amends the Act of 2002 on labour relations. It also notes the information provided by the Government concerning the application of Article 3 of the Convention (duration of annual holiday with pay).

Article 10 of the Convention. Determination of the timing of the holiday. The Committee notes the Government’s indication that the period during which holidays must be taken is determined according to the requirements of various activities. The employer can therefore approve, on a case-by-case basis according to workers’ requests, the period during which holidays will be taken, taking account of the imperatives of the activity concerned, or agree on a period with the trade unions within the enterprise by means of collective agreements or in accordance with the legislation in this field. The Committee also notes that Act No. 103/07 entitles workers to: (i) take a day’s holiday on the day of their choice, on condition that the employer is informed three days in advance; and (ii) take a week’s holiday, in the case of workers who have children attending school, during the two summer months (July and August). The Committee notes the observations made by the Association of Free Trade Unions of Slovenia (ZSSS), drawing attention to a phenomenon which occurred in 2006 and 2007, namely pressure exerted on workers to dissuade them from taking their annual holiday during the school holidays, with workers who took their holiday in June or September receiving higher pay related to performance. The Committee requests the Government to send any comment which it considers relevant in reply to the observations made by the ZSSS.

Part V of the report form. Practical application. The Committee notes the detailed information supplied by the Government concerning infringements reported in relation to the granting, payment and compensation of annual holidays, for the period from 2003 to 31 May 2008. It also notes the indication from the ZSSS to the effect that staff numbers in labour inspection are inadequate since there are only 82 inspectors for more than 100,000 economic entities. The Committee requests the Government to continue supplying information on the manner in which the Convention is applied in practice, including, for example, extracts of the reports of the inspection services indicating the number of infringements reported in relation to annual holidays with pay and the penalties imposed, information on the number of persons covered by the legislation, copies of collective agreements containing provisions relating to annual holidays with pay, or any other relevant information in this area.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report.

Article 6 of the Convention. Sickness benefits. Section 137(8) of the Labour Relations Act states that compensation for salaries in cases of absence from work for any sickness or accident not linked to work shall be paid to full-time workers. The Committee requests the Government to indicate whether there are provisions which grant equivalent protection to part-time workers and, if so, to provide a copy of them.

Article 7(a). Nursing breaks. Section 193 of the Labour Relations Act provides for nursing breaks for full-time female workers. The Committee requests the Government to indicate the measures taken to ensure that part-time female workers also benefit from such breaks, which form part of the maternity protection laid down by the Convention.

Article 9, paragraph 2(c). Measures facilitating access to part-time work. The Committee notes the co-financing measures for enterprises which practice job-sharing, and the programme for the promotion of part-time work which includes the provision of incentives and the dissemination of information on this subject. The Committee requests the Government to provide more detailed information on the specific measures taken with a view to promoting access to part-time work, particularly for workers undergoing education or training.

Article 10. Voluntary nature of the transfer from full-time to part-time work or vice versa. Sections 88(3) and 90 of the Labour Relations Act enable an employer to terminate an employment contract in circumstances of incapacity or for business reasons. Section 88(3) also requires the employer to check whether it is possible to offer the worker a new contract and, if so, to offer such a contract which a worker has the right to decline. However, if the worker refuses the offer, the sections indicate that the worker has no right to severance pay but may only retain the right to challenge the termination if reasons cannot be substantiated. The Committee is concerned that such provisions may be used as a means to effectively force a worker to accept changed conditions or transfer from full-time to part-time work or vice versa and therefore asks the Government to clarify the use of these provisions in practice.

Article 11. Consultations and collective agreements. The Committee requests the Government to indicate whether the most representative organizations of employers and workers were consulted before the adoption of the legislation referred to in its report, particularly the Labour Relations Act. It also requests the Government to provide information, if appropriate, on the adoption of any new collective agreements containing provisions relating to part-time work.

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

The Committee notes the Labour Relations Act of 2002, which entered into force on 1 January 2003. It asks the Government to provide clarifications on the following points.

Article 3 of the Convention. The Labour Relations Act of 2002 provides paid annual holiday of a minimum duration of four weeks (sections 137, paragraph 2, and 159, paragraph 1). According to the Government’s indication, the duration of annual leave shall be set, in accordance with paragraph 2 of section 31 of the Basic Rights Stemming from the Labour Relations Act (Uradni list SFRJ, 60/80, 42/90, cited ZTPDR), by the competent authority or employer on the basis of the criteria laid down in general acts or collective agreements. The Government is asked to provide more information on the setting of the duration of the holiday and to provide a copy of the Basic Rights Stemming from the Labour Relations Act (ZTPDR).

Article 10 of the Convention regulates the timing of holidays. The time at which the holiday is to be taken shall, unless it is fixed by regulation, collective agreement, arbitration award or other means consistent with national practice, be determined by the employer after consultation with the employed person concerned or his representative.

Section 165 of the Labour Relations Act of 2002 provides that the annual leave shall be used with regard being paid to the requirements of the working process and the possibilities of rest and recreation of a worker as well as to the worker’s family obligations. This section does not, however, refer to the method by which the time of the holiday is determined. The Government is therefore asked to indicate in its next report the method determining the timing of the holiday, in particular with regard to workers’ participation.

Part V of the report form. The Committee notes the detailed information on the general appreciation of the application of the Convention and the problems encountered. It would appreciate receiving further information of this kind in the Government’s future reports.

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

The Committee notes the information provided in the Government's report and requests the Government to provide further clarification on the following point:

Article 11 of the Convention. Under this Article, an employed person who has completed a minimum period of service should on termination for any reason receive a holiday with pay proportionate to the length of service for which he or she has not received such a holiday or compensation in lieu or an equivalent holiday credit. The Government is requested to indicate the measures taken or envisaged to ensure the application of this provision.