Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 105
Initiative accepted and completed: '2013-07-08'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2013-04-24'
Initiative published: '2013-03-26'
Initiative submitted: '2013-03-26'
Response from the competent authority: Position of the Ministry of Labour, Family,
  Social Affairs and Equal Opportunities. Article 7(1) of the Act provides that representative
  trade unions are those which are democratic and which exercise the freedom to join
  trade unions, their activities and the exercise of membership rights and obligations,
  have been in continuous operation for at least the last six months, are independent
  of State bodies and employers, are financed mainly from membership fees and other
  own resources, and have a certain number of members in accordance with the provisions
  of this Act. Furthermore, Article 8 of the Act provides that trade union federations
  or confederations of trade unions for the territory of the country shall be designated
  as representative if they bring together trade unions from different branches, activities
  or professions and have a membership of at least 10 % of the workers in each branch,
  activity or profession. Article 9(2) provides that a trade union which is not affiliated
  to a federation or confederation shall be representative in an industry, trade,
  profession, municipality or wider local community if it fulfils the conditions laid
  down in Article 6 of the Act and if at least 15 % of the workers in the industry,
  trade, profession or municipality or wider local community are affiliated to it.
  Article 10 of the CLA only provides for the Minister to issue a decision on the
  representativeness of a trade union if the conditions set out in those articles
  are met, but does not regulate the procedure for withdrawing representativeness
  if the conditions laid down by law for recognition of representativeness are not
  met. Nor does the Ministry have any power under the law to check periodically or
  periodically whether the conditions which the law requires a trade union to fulfil
  have been met. This concerns in particular non-compliance with the numerical condition,
  which may be the result of unions leaving federations and confederations or of a
  decline in the number of members. Notwithstanding the above, we would like to clarify
  that the Ministry has in the past, on the basis of information provided by trade
  unions, also conducted proceedings for the withdrawal of the representativeness
  characteristic in a particular profession or activity, applying by analogy the provisions
  of the CLA and on the basis of which the representativeness of a trade union is
  recognised. The Ministry is aware of the pressing problem arising from the fact
  that representativeness has been granted to federations and confederations or individual
  trade unions in the past and that the conditions for representativeness, in particular
  the numerical condition, have subsequently not been fulfilled. The Ministry will
  therefore certainly take the above proposal into account when initiating the process
  of amending the RLA and, together with the social partners, will also examine and
  regulate the institution of the withdrawal of the representativeness of trade unions.
Text file: 105.txt
Title: Biennial certification of trade union representativeness
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=105
