The Government responded to the mass chaining of companies with the aforementioned amendments to the ZGD-1I. We hope that dishonest employers are prevented from further doing business by means of new organisational forms, including unlimited exploitation of their staff. To the Ombudsman’s proposal on amendments that are required to the Financial Operations, Insolvency Proceedings and Compulsory Winding-up Act, which would consider non-payments for work which workers must perform before they submit an extraordinary termination of employment relationship as priority claims, the Government explains that such workers may request the repayment of their claims by means of an enforcement procedure. For cases in which workers must first file a suit at the court (because they failed to receive even a written payslip on the basis of which an enforcement could be initiated), the Government anticipates amendments to the Court Fees Act which would facilitate access to the courts. The Government anticipates the possibility of additional protection of such workers, and also stated its opinion on voluntary traineeship, which it opposes; a decision was adopted in this regard at the end of 2014 and the competent ministries were instructed to prepare amendments to sector-specific acts. The Ministry of Public Administration drafted an amendment to the Public Servants Act which would prevent voluntary traineeship; the amendment has not been adopted yet. The observation of the Ombudsman’s recommendations on bar exams was anticipated by the Ministry of Justice. The Ministry of Education, Science and Sport also discontinued publication of voluntary traineeships. The Ministry of Labour, Family, Social Affairs and Equal Opportunities did not explicitly state its opinion on voluntary traineeship, which is mandatory in social protection. 2.10 EMPLOYMENT RELATIONS Non-payment of salaries and social security contributions Several complainants claimed that they had not been paid for work they had done; that their social security contributions were not paid, and that they received payments in cash, which were not registered accordingly. If the chaining of companies and the bankruptcy of companies with no assets or bankruptcy estate were also involved, the despair and uncertain situation of the employees were even greater. Unfortunately, the state has been unsuccessful in establishing a system to ensure employees’ dignity and minimum wages and prevent situations and cases in which employees work and fail to receive payment, and it is only when employees wish to retire that they discover that their social security contributions have not been settled and they will be deprived of higher pensions. 2.10.3 R  ound table: Let us open the doors to young people – enforcing labour rights On the occasion of Human Rights Day, we prepared a round table with the Slovene Ethnographic Museum at their premises on the topic of employment and employment relationships of young people. With representatives of the National Youth Council of Slovenia, the Mladi Plus Trade Union, the Labour Inspectorate of the Republic of Slovenia, the Financial Administration of the Republic of Slovenia, the Health Insurance Institute of Slovenia, the Chamber of Commerce and Industry of Slovenia, the Faculty of Social Sciences and the Faculty of Social Work, we discussed problems encountered by the young when leaving the education system and seeking employment. We dedicated special attention to uncertain forms of work due to which the young cannot become independent and are forced to live with their parents; they are unable to start their own families and their dignity is affected. - The state must improve its supervision of insecure forms of work, including the payment of social security contributions; otherwise intergenerational solidarity will be at risk. - Coherence between education and training programmes and the needs of the labour market must be increased. Because coherence is lacking, young people are forced to create their own workplaces. With active employment policy measures, the Employment Service of Slovenia is trying to help and adjust to different needs. - Systemic changes are required to improve the situation; the young expect the Government to devise a youth employment strategy. -T  he transfer from education to employment is of the utmost importance, and in this regard, traineeship and apprenticeship must not be neglected. -V  oluntary traineeship must be condoned, since it is a form of an extreme form of exploitation. - In a society in which insecure work forms prevail, where there is no job security, where payment for work is uncertain and the position of a worker compared to the employer is even weaker than in permanent forms of work, the organisation of trade unions and collective enforcement of rights are very important. - Economic marginalisation leads to social marginalisation and isolation from political action and public attention. Some manage, while others go to the wall. Is the Government aware that its inactivity enables the loss of the potential in young people? We published a special bulletin on exercising labour rights on the occasion of Human Rights Day, which is available both in paper form and also electronically on the Ombudsman’s website. The bulletin addresses many issues related to unemployment and employment. It also contains recommendations for changes which are required and have not been addressed yet, and cases that we discussed in the field of labour law. 2.10.4 Problem of issuing A1 forms for workers posted abroad On its own initiative, the Ombudsman discusses the issue of workers seconded to temporary work abroad. We are familiar with cases from the media in which workers were posted abroad by Slovenian employers and received no payment, while their social security contributions were also not paid. Many even had no means to return home. It was later revealed that such employers were frequently ‘shell companies’, which nevertheless had no problems when obtaining A1 forms prior to seconding workers abroad from the competent Health Insurance Institute of Slovenia (ZZZS), by means of which workers abroad prove that during their work abroad they are still insured in the social security system of the country from which they were posted abroad. Later on, it is frequently revealed that their insurances were not covered. Trade unions have already expressed the need to regulate this field. We submitted inquiries to the MDDSZ, the FURS and the ZZZS; we also met their representatives in person. We wrote to the Government, which explained that the MDDSZ and the Ministry of Health would immediately begin preparing a government decree on the implementation of EU regulations on social security coordination; this would regulate all issues concerning the implementation of EU regulations, which require the insurance providers to verify the conditions for issuing an A1 form, which also provide a direct basis for recalling the form. Since there is no direct connection between the ZZZS and FURS databases, which is needed to verify that employers meet the requirements for receiving A1 forms, it is necessary to examine if regulations provide a legal basis for such a connection. Due to the lack of connection, the ZZZS has been issuing A1 forms without fully verifying the conditions for issuing them. At the beginning of 2016, the MDDSZ prepared a draft act on posting workers abroad. The document anticipates stricter conditions for issuing A1 forms, particularly relating to verifying that employers actually conduct a significant share of their activities in Slovenia. The objective of the proposal is to prevent posting by ‘shell companies’. The Ombudsman commends the regulation of the matter of posting workers of foreign employers to Slovenia and the posting of workers of Slovenian employers abroad. The proposed act will be examined thoroughly and we will submit any possible comments to the relevant authorities. The conclusions of the round table include: - Unpaid traineeships and flexible forms of work with the preferred option of self-employment are used to exploit young people. 118 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 119 2.10 EMPLOYMENT RELATIONS The Government failed to state an explicit opinion on our findings on violations of drivers’ rights, which is unsatisfactory. The problems and ignorance of state authorities were evident again in 2015 in the matter of the difficulties of Slovenian road hauliers in Calais, where our intervention was required in order to obtain a response from the competent state authorities. The safety of road users has also yet to be dealt with.