Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Repetition

Articles 2–6 of the Convention. Measures to address illegal employment of migrants and irregular migration. Previously the Committee requested the Government to provide information on the sanctions and measures against employers provided under the amendments to the Prevention of Undeclared Work and Employment Act adopted in 2014. In its report, the Government declares that: (i) the illegal employment of third-country nationals continues to pose a challenge for the Government; (ii) the Council for the Integration of Aliens is active in the areas of the detection, prevention and sanctioning of undeclared employment and work of aliens; and (iii) the national authority to control undeclared employment was transferred to the Financial Administration (FURS) in August 2014. Within this context, the Committee notes the detailed information provided by the Government on the inspections carried out, the violations found, the offence procedures undertaken, the sanctions and fines imposed on employers (and workers), and warning notices issued concerning infringements of the Prevention of Undeclared Work and Employment Act, 2014. The Committee further notes that employers who have been found to have committed the offence of illegal employment of third-party nationals are entered on a list of employers who are excluded from public procurement procedures or have lost their right to public funds, including EU funds. In this regard, 27 employers were entered on this list for having committed the offence of illegal employment in 2016. The Committee notes that according to a Factsheet on undeclared work in Slovenia published by the European Commission in 2017, the transfer of major responsibility for identifying and preventing undeclared work to the FURS enabled utilization of seven FURS’s mobile units in identifying and preventing undeclared work and undeclared employment, increasing the effectiveness of the inspections and control in the field, through improved cooperation between the different authorities responsible for identifying, tackling and preventing undeclared work.Noting that the aim of the Convention is to protect migrants in an irregular or illegal situation from exploitation by employers, the Committee asks the Government to continue to supply information on the sanctions and measures taken against employers who violate the Prevention of Undeclared Work and Employment Act 2014 and the results achieved in the overall reduction of illegal employment. Please also provide information on the recommendations issued and the activities carried out by the Council for the Integration of Aliens, in regard to the detection, prevention and reduction of abuse in the labour market concerning undeclared employment and work of foreigners.

In its previous comment, the Committee requested information on the proposal to amend the Criminal Code with respect to the organization of irregular migration and on the measures being taken to address the increase in unauthorized stays and organized migration by means of deception, including anti-trafficking, and information on prosecutions and sanctions imposed. The Committee notes that section 308 of the Criminal Code was amended in 2017 to make the prohibited transfer or crossing of the state border by one or several aliens or enabling their illegal stay in the territory of the State, a criminal offence, which is punishable by up to five years imprisonment and by a fine. The Committee notes the detailed information provided by the Government on the criminal proceedings conducted, the convictions and the sentences imposed. The Committee also notes that under the International Protection Act No 16/17, victims of trafficking in human beings are identified as vulnerable persons with special reception needs. It further welcomes the activities carried out within the framework of the Action Plan for Combating Trafficking in Human Beings for the 2015–16 period.Underscoring the importance of not re-victimizing victims of trafficking, the Committee asks for information on the criminal sanctions and measures taken against persons facilitating trafficking in human beings. Please provide information on the activities undertaken in the framework of the more recent Action Plans for Combating Trafficking in Human Beings and the results of these activities. Please also provide information on any training and awareness-raising activities undertaken to improve detection, investigation and prosecution of traffickers in human beings and assistance provided to victims for their protection.

Article 8(1). Legal status in the case of loss of employment. The Committee notes the information provided by the Government in response to its previous direct request confirming that, according to section 56(2) of the Aliens Act, aliens’ valid temporary residence permits are not revoked provided that: (i) their employment or work is not terminated by their own will or through their own fault; and (ii) the aliens concerned must be entitled to unemployment insurance rights pursuant to the provisions of the act regulating the labour market.

Article 9(3). Costs of expulsion. The Committee recalls its previous comment expressing regret that section 84(1) and (2) of the Aliens Act had not been amended to bring the obligation of foreigners to bear the costs of expulsion into conformity with the requirements of the Convention. The Committee notes the Government’s indication that it is well aware of the concerns over the appropriateness of the provisions of section 84, and that it favours holding a broad discussion on amending the legislation with all interested stakeholders. The Committee must again note with regret that no action has yet been taken to amend section 84 relating to foreigners bearing the costs of expulsion.The Committee asks the Government once again to amend section 84 of the Aliens Act so as to ensure that when a migrant worker is in an irregular situation for reasons that cannot be attributed to him or her, the costs of return, as well as the return of the family, including the transport costs, shall not fall upon him or her; and if the migrant worker is in an irregular situation for reasons that can be attributed to him or her, the costs of expulsion do not fall upon the migrant.

Articles 10 and 12. National policy on non-discrimination and equality and measures for the integration of migrant workers in society. With reference to its previous request for information on measure to address racism and promote tolerance, the Committee notes with interest the adoption of the Protection Against Discrimination Act, 2016, which replaced and updated the Implementation of the Principle of Equal Treatment Act, 2004. The new Act provides protection against discrimination based on any personal circumstance including nationality, sex, race or ethnic origin, religion or belief, and social status, in areas of social life including work and employment, education, training, access to goods and services, social protection and social benefits. It further notes that section 10 of the Act prohibits inciting discrimination including delivering or disseminating racist, religious, national and sexually discriminatory appeals, inducing, abetting or inciting hatred and discrimination and broader public haranguing which promotes discrimination; and that section 12 addresses severe forms of discrimination including discrimination motivated by hatred or contempt for people with certain personal characteristics. The Committee welcomes the provision of Slovenian language courses to third-country nationals immediately upon their arrival in Slovenia and the significant number of certificates issued for the fulfilment of the requirements of these programmes provided pursuant to the amended 2012 Decree on ways and the scope of providing programmes of support for the integration of non-European nationals. The Committee also notes that within the framework of the National Programme for Equal Opportunities for Men and Women 2015–2020, migrant women are targeted in specific programmes to increase their social inclusion and reduce their risk of poverty. It further notes from the 2019 Report of the United Nations Special Rapporteur on minority issues (A/HRC/40/64/Add.1, paragraph 26) that a growing number of activities, campaigns and efforts were undertaken aimed at assisting adaptation and integration of migrants, asylum seekers and refugees and at dispelling negative stereotypes following the massive migration influx into the country in 2015 and the ensuring reactions.Noting that no specific policy on equality for migrants with nationals exists, the Committee asks the Government to provide information on the manner in which the Protection Against Discrimination Act (2016) and other programmes and measures have been implemented to promote equality of opportunity and treatment for migrant workers lawfully in the country with nationals in respect to the matters set out in Article 10, including the results achieved in relation to addressing racism and promoting tolerance and the integration of migrant workers, particularly non-European nationals. The Committee also asks the Government to continue to provide information on the programmes implemented under the amended 2012 Decree on ways and the scope of providing programmes of support for the integration of non-European nationals. Please also continue to provide information on the activities carried out by the Council for the Integration of Aliens with respect to migrant workers lawfully in the country.

Agreement between the Republic of Slovenia and Bosnia Herzegovina on Employing Citizens from Bosnia and Herzegovina in the Republic of Slovenia. In its previous comment, the Committee requested the Government to clarify the impact of an absence of six months or more from the Slovenian territory provided by the Agreement in terms of rights, when the migrant worker returns to Slovenia to take up a new temporary employment under the Agreement. The committee notes that the six-month break in residence of citizens of Bosnia and Herzegovina following the termination of their employment in the Republic of Slovenia does not in any way affect their opportunities for taking up new temporary employment in the Republic of Slovenia.

Article 14(a). Free choice of employment. The Committee refers the Government to its comments on free choice of employment under Article 6 of the Migration for Employment Convention (Revised), 1949 (No. 97).

Enforcement. Equality and human rights bodies. Previously, the Committee asked the Government to provide information on the measures taken to improve the access of migrant workers to enforcement mechanisms, including the Advocate of the Principle of Equality, obtain remedies, and reduce under-reporting of discrimination cases. The Committee notes the information communicated by the Government concerning the Advocate of the Principle of Equality who carries out inspections, provides independent assistance to victims of discrimination in asserting their rights (counselling and legal assistance for clients in administrative and judicial proceedings) and participates in judicial proceedings relating to discrimination. The Committee notes that, in 2016, the Advocate of the Principle of Equality received four initiatives concerning discrimination. Three have already been examined and discrimination was found and one case is still pending. From the information provided, the Committee is not in a position to determine if these four cases concerned discrimination against migrant workers.The Committee asks the Government to provide information on the application in practice of the Protection Against Discrimination Act with respect to migrate workers, including any investigations or cases handled by the office of the Advocate or any cases brought to the court and the outcome of these cases. The Committee also requests the Government to provide any information on the activities and cases handled by the Human Rights Ombudsman concerning migrant workers.