The Development of New Industrial Relations in Slovenia - UMAR

owned enterprises 13%, enterprises with mixed ownership 21,1%, enterprises with
rhe second approwal of the Agency for privatisation (AP) 33,1%. The survey
included only companies with the second approwal of the AP, which were almost at
the end of th e process of privatisation. Enterprises in societal ownership or those
still in the process of privatisation were in transition regarding the organisational
form, which would undergo changes soon. WC were most frequent in enterprises
partly or entirely owned by DF. These were mostly larger “classical” industrial
complexes, where the unions are more active due to the considerably precarious
position of workers.
In addition workers take part in company management as owners (if they hold more
than 50% of share) in the enterprises, which have been privatised (in 63% of
privatised enterprises in 1996).
On the 22 nd September 1994 the EU directive on the establishment of the European
Works Councils was adopted. The directive stipulates, that the European
multinational companies of a certain size must establish an European Works Council
(EWC) or a procedure for informing and consulting employees. Since Slovenia is not
a member of the EU yet, Slovenian workers cannot yet be full members of the
EWCs. However their representatives have been beginning to attend their sessions
as observer members. For example, in the agreement on the establishment of EWC
of the multinational company Renault one place in the EWC is reserved for a
workers′ representative of company Revoz from Novo mesto. This representative is
thus attending Renault EWC meetings and has observer status. The same
opportunity is given to representatives of some other companies (for example Henkel
Zlatorog).
7. THE SETTLEMENT OF LABOUR DISPUTES AND STRIKES
(The part of this chapter, concerning the legal issues, is based on Vodovnik 1999)
The new industrial relations legislation has brought new methods for preventing and
resolving conflicts also. The Law on basic rights of the Employment Relationship
from 1989 regulated dispute resolution in collective bargaining. In case of dispute it
required the use of an arbitration body. Made up of representatives of both parties.
The state appointed an independent member (later this was changed), but so far the
state has not intervened between the parties.These bodies had a very large sphere
of competence and were empowered to determine the content of those sections of
the collective agreement on which the parties could not agree.
In collective agreements the parties have agreed to form commissions to interpret
the provisions of the agreement and they have established conciliation bodies to
prevent the escalation of disagreements. These bodies are composed in the same
way as mentioned arbitration bodies, but the third member is appointed joitly by the
parties and not by the state. In practice these bodies have only rarely been activated.
This system became unsuitable under the new constitution, because the arbitration
bodies have too many rights. The changes of the existing legislation are an
extremely important preconditionto make the resolution of interest disputes truly free
and dependent exclusively on the free will of the parties and the necessary
legislative process is underway.
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