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RULES ON THE OPERATION OF THE ECONOMIC AND SOCIAL COUNCIL

Pursuant to Paragraph 6, Item 9 of the 1994 Agreement On Wage Policy in the Economy Sector (Uradni list RS/Official Gazette of the Republic of Slovenia No. 23/94), representatives of the employees, employers and the Government of the Republic of Slovenia unanimously adopt

 

 

Rules on the Operation of the Economic and Social Council

 

C O N S O L I D A T E D  T E X T *

 

 

Purpose

Article 1

 

The Economic and Social Council (hereinafter: ESC) is a tripartite body of social partners in the Republic of Slovenia (hereinafter: partners), established to consider issues and measures concerning economic and social policies, and other issues related to the specific fields of the partners’ dialogue.

 

Scope of Work

Article 2

 

The ESC shall monitor the situation in the economic and social spheres, raise it for discussion and form relevant positions and proposals concerning these areas and the areas that are of broad importance for all three partners.

 

Notably, the basic fields of the ESC operation shall be: the social agreement; social and compulsory insurance rights, such as pensions, disability allowances, social assistance, compensations, etc; employment and labour relations issues; collective bargaining system; prices and taxes; the economic system and policy, legal security; co-operation with the International Labour Organisation and the Council of Europe and other related institutions in the European Union and EU Member States; workers’ co-management; trade union rights and freedoms.

 

Apart from the areas that call for tripartite dialogue, the ESC may also discuss other issues that are not subject to tripartite dialogue but are related to economic and social matters.

 

Article 3

 
Within the scope of its work, the ESC shall: participate in the preparation of the legislation and give relevant opinions and recommendations; provide initiatives for the adoption of new acts or the amendment of those in force; form positions and opinions concerning the working documents, drafts of and proposals for decrees, orders and acts; form positions and opinions on the budget memorandum and the state budget.

 

The ESC shall submit its proposals, recommendations and opinions to the National Assembly, the National Council, the expert and wider public.

 

The decisions adopted by the ESC shall be binding for authorities and working bodies of all three partners.

 

Composition and Organisation

Article 4

 

The ESC’s tripartite composition shall reflect equal representation of the three partners, i.e. representatives of employees, employers and the Government.

 

Each partner shall appoint its representatives to the ESC. Each partner shall have no more than 8 members. Each member may have an alternate.

 

The rights and powers of deputies in the ESC shall equal the rights of the ESC members.

 

The representatives of employees shall be appointed by the representative trade union associations or confederations for the state territory, namely each representative association or confederation shall appoint at least one member, whereas the representatives of employers shall be appointed by the associations of employers and chambers operating in the state territory.

 

The composition of each partner’s representatives must ensure the representation of the interests of each social partner that is a party to the tripartite social dialogue.

 

Each social partner shall appoint substitute members, and inform the other two partners of their appointment.

 

President and Deputy-President

Article 5

 

The President and Deputy-President of the ESC shall be appointed by the ESC from among its members or deputies, so that each of the social partners is granted a one-year presidential or deputy’s term of office. Members of individual partners may agree to break up the one-year term of office into shorter terms of offices.

 

During each term of office, the President and Deputy-President of the ESC shall represent the same social partner group.

 

Secretary

Article 6

 

The ESC Secretary shall be appointed by the ESC on the proposal of any partner.

 

The ESC Secretary shall not be the ESC member and shall hold the status of an official.

 

The ESC Secretary shall organise the ESC work and be in charge of compiling the documents, convening sessions, maintaining records, implementing the ESC conclusions and decisions, keeping the data bank and providing information.

 

The ESC Expert Service shall be organised by the Government, which shall also ensure appropriate working conditions.

 

The conditions and criteria for holding the post of the ESC Secretary shall be defined by the ESC in accordance with the Civil Servants Act.

 

Other Bodies

Article 7

 

The ESC may establish permanent or ad hoc expert groups in charge of preparing expert groundwork for ESC decisions; as a rule, these groups shall consist of independent experts.

 

Convening Sessions

Article 8

 

The ESC sessions are convened and chaired by the ESC President or his deputy.

 

As a rule, invitations to a session and the documents to be discussed shall be forwarded to the ESC members and their deputies five days before the session is convened. Invitations to a session with supporting documents shall be forwarded to the representative trade unions at national level for information.

 

At its sessions, the ESC shall not discuss items on the agenda for which the appropriate documents have not been prepared and forwarded in advance. Discussion shall be possible only in urgent cases if the ESC decides so at the beginning of the session.

 

The ESC shall meet on the initiative of one of the social partners or at least once a month. As a rule, sessions shall be regular, they may exceptionally be held as correspondence sessions. Should a correspondence session prove unsuccessful, the same topic shall be placed on the agenda of the first regular ESC session.

 

At the current ESC session, the draft agenda for the next ESC session shall be set.

 

Decision-Making

Article 9

 

The ESC decisions shall be adopted unanimously. Irrespective of the number of members, each partner shall have one vote.

 

Should the partners not be in agreement, negotiations shall continue until a consensus is reached. The deadline for concluding negotiations shall be set at the ESC session before the start of the negotiations and may not exceed 30 days. If no agreement is reached before then, the ESC cannot adopt a common position on the issue being discussed.

 

Should there be no consensus among the members of one partner, they shall negotiate separately. The deadline for concluding negotiations shall be set at the ESC session and may not exceed 30 days.

 

Each of the partners shall, as a rule, harmonise its members’ positions on the issue being discussed prior to the ESC session. Each of the partners shall appoint its rapporteur to represent its group’s harmonised position on an individual topic placed on the session’s agenda. Nevertheless, each individual ESC member shall have the right to a separate opinion and to comment.

 

Information

Article 10

 

Generally, the ESC sessions shall not be open to public. Exceptionally, representatives of interest groups affected by the issue being discussed may be invited to a session. Furthermore, public media representatives or individual independent experts may also be invited, and this is to be decided by the ESC before a session is convened.

 

The ESC common positions and decisions shall be published in the Uradni list Republike Slovenije and in other publications, as decided by the ESC.

 

In order to promptly inform the public of its work, the ESC shall, following each session, issue a public communication or hold a press conference.

 

Funding

Article 11

 

The funds for the operation of the ESC shall be provided by the State from its budgetary means.

 

12. Article 83

 

The rules of the ESC’s operation shall be published in the Uradni list Republike Slovenije.

 

 

No: 10502-1/2006/

Ljubljana, 29 June 2007

 

Government of the Republic of Slovenia

 

Marjeta Cotman, m.p.

Minister of Labour, Family and Social Affairs

 

Employers:

 

Association of Employers of Slovenia

Borut Meh, m.p.

 

Chamber of Commerce and Industry of Slovenia

Zdenko Pavček, m.p.

 

Chamber of Craft of Slovenia

Miroslav Klun, m.p.

 

Association of Craft Activity Employers of Slovenia

Milan Škapin, m.p.

 

Slovenian Chamber of Commerce

Bojan Papič, m.p.

 

Employees:

 

Association of Free Trade Unions of Slovenia

M. Sc. Dušan Semolič, m.p.

 

Pergam Confederation of Trade Unions of Slovenia

Dušan Rebolj, m.p.

 

The Confederation of Unions ‘90 of Slovenia

Boris Mazalin, m.p.

 

The Confederation of New Unions of Slovenia – NEODVISNOST

Drago Lombar, m.p.

 

The Slovenian Federation of Unions – Alternativa

Silvo Berdajs, m.p.

 

The Union of Workers of Slovenia – Solidarnost (Solidarity)

Albert Pavlič, m.p.

 

Confederation of Public Sector Trade Unions of Slovenia

Branimir Štrukelj, m.p.

 

 

_________

*The consolidated text of the Rules on the Operation of the Economic and Social Council transposes the provisions of the Rules on the Operation of the Economic and Social Council (Ur. list RS, No. 59/94), Correction of the Rules on the Operation of the Economic and Social Council (Ur. list RS, No. 64/94), Amendment to the Rules on the Operation of the Economic and Social Council (Ur. list RS, No. 32/95) and Amendment to the Rules on the Operation of the Economic and Social Council (Ur. list RS, No. 40/07).