Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

The Committee notes the information provided by the Government in its report and attached documents, especially the adoption of the Minimum Wage Act (Official Gazette No. 114/06). It also notes with interest the judgement of the Supreme Court of the Republic of Slovenia of 11 March 2003 in which express reference was made to ILO Convention No. 131 as being one of the legal bases of workers’ right to pay for work performed.

Articles 3 and 4, paragraph 2, of the Convention. Full consultations with the social partners. The Committee notes the Government’s explanations concerning the annual readjustment of the national minimum wage based on the forecast inflation rate as provided for in section 2 of the new Minimum Wage Act. The Government states that after determining the increase in cost of living for the past year, the Minister responsible for labour informs the social partners about the planned increase of the minimum wage or of the new amount of the minimum wage which is intended to be set. In this connection, the Committee notes the observations made by the Association of Employers of Slovenia (ZDS) according to which the social partners have been completely deprived of the opportunity to influence in any way the review of the level of the minimum wage. In the ZDS’ view, the Minimum Wage Act requires true consultations with the social partners but no such consultations took place in 2007. The requirements of the Act cannot be said to have been met when the Minister simply notifies the social partners of the expected rise of the minimum wage. The ZDS further states that employers’ and workers’ organizations had negotiated a minimum wage agreement on account of the unexpectedly high inflation rate in 2007 which proved their willingness and ability to independently fix minimum pay rates. The ZDS concludes that the procedure followed by the Government for the purpose of fixing the amount of the minimum wage for 2007 was clearly contrary to the principle of social dialogue and therefore the Government should involve the employers’ and workers’ representatives more intensively in the minimum wage fixing process. The Committee wishes to recall, in this connection, that the principle of full consultation and direct participation of the social partners at all stages of the minimum wage fixing process is one of the essential obligations of the Convention. As the Committee has pointed out in paragraphs 191, 234, 241 and 423–425 of its 1992 General Survey on minimum wage, the consultation and participation of the social partners in the establishment and modification of minimum wage fixing machinery or its operation must be useful and effective, that is to say that these representatives must be genuinely given an opportunity to express their views, before any decisions are taken, in full knowledge of the facts, and that their views must be duly taken into consideration. Consultation has different connotation from mere “information” and from “co-determination”; it must be able to have some influence on the decision so that it does not end up being a mere formality. The Committee therefore requests the Government to provide additional explanations as to the exact content of consultations with the social partners in matters of minimum wage-fixing. It would also appreciate receiving any specific comments the Government may wish to make in reply to the observations of the ZDS.

In addition, the Committee notes the comments of the Confederation of Public Sector Trade Unions (KSJS) according to which the Minimum Wage Act of 2006 does not address the problem of major derogations from the expected price increase as experienced in the second half of 2007. The KSJS also indicates that the Minimum Wage Act does not make reference to economic factors, such as productivity or the rate of unemployment, which, according to the Convention, should be taken into consideration in determining the level of minimum wages. The Committee requests the Government to provide its comments in reply to the observations made by the KSJS.

Article 5 and Part V of the report form. Enforcement measures. The Committee notes the statistical information provided by the Government on inspection results concerning compliance with the national legislation in respect of minimum wage in the period 2003–07. It also notes that in 2006, 2.5 per cent of employed people were paid at the minimum wage rate, and that the national minimum wage amounts to 538.50 euros as from 1 August 2007. The Committee would be grateful if the Government would continue to provide in future reports up to date information on the practical application of the Convention, including for instance the approximate number of workers remunerated at the minimum wage rate; statistics on labour inspection results showing the number of visits, violations recorded and sanctions imposed; copies of official documents or studies on minimum wage policy, such as activity reports of any tripartite consultative bodies or economic surveys serving as bases for relevant discussions, etc.