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Legal obstacles to access employment in the public sector under equal conditions for migrants

Code:
RED60
Key Area:
Employment
Strand(s):
Discrimination, Equality
19/12/2011 - 17:59
Short Answer

According to the Civil Servants Act, Slovenian citizenship is in general not a condition for employment in public sector. However, according to the Civil Servants Act, citizenship is a condition for nomination in a specific title (naziv) after passing a required professional exam (Article 88). On the other hand, the guideline at the web site of the Ministry of Public Administration states that for administrative positions citizenship is always required.

Qualitative Info

According to the Civil Servants Act, Slovenian citizenship is in general not a condition for employment in public sector. Indeed when job openings are published in the private sector, citizenship is not stated as a condition. Article 6 of the Employment Relationship Act prohibits any kind of direct discrimination and indirect discrimination in access to employment on various personal grounds, including race, ethnicity and any other personal ground which includes nationality, except in cases of genuine occupational requirements.

 

However, according to the Civil Servants Act, citizenship is a condition for nomination in a specific title (naziv) after passing a required professional exam (Article 88).

 

In public sector there are two types of work posts: administrative work posts and support/technical posts. If the employees at administrative work posts are expected to perform public tasks (issue decisions, implement administrative procedures etc.) they need to be nominated into a specific title (secretary, undersecretary, counsel etc.). For this, citizenship of Slovenia is a requirement. In practice this means that citizenship is a requirement for promotion in the public sector. 

 

Source:

Civil Servants Act (Zakon o javnih usluĹžbencih), Official Journal of the Republic of Slovenia, No. 63/2007 and 65/2008.

Employment Relationship Act (Zakon o delovnih razmerjih), Official Journal of the Republic of Slovenia, No. 42/2002 and 103/2007. 

http://www.mju.gov.si/si/delovna_razmerja_in_stipendiranje/objave_prostih_delovnih_mest/

Data
Groups affected/interested Migrants, Refugees, Asylum seekers
Type (R/D)
Key socio-economic / Institutional Areas Employment - labour market
External Url http://zakonodaja.gov.si/rpsi/r07/predpis_ZAKO3177.html
Situation(s)
Library