NATIONAL REPORT ON THE ACTIVITY OF GLOSA TRADE UNION FROM SLOVENIA

Since our independence in 1991 and throughout the period of transition, the Slovenes have been concerned with the position of culture and art as well as with the respective social attitude in the new State. This has led to the two fundamental legal documents: the Resolution on the Slovene National Cultural Programme and the Act on Exercising Public Interest in Culture (ZUJIK). The inconvenience that the national programme was adopted after the ZUJIK (in principle the Act should determine the implementation of the programme) is manifested in certain inconsistent provisions, e.g. different determining of plans and tasks, which in turn influences authors' and other artists' work conditions, including those in theatres. Moreover, it is reflected in the fact that theatre activity is planned from autumn till summer, while business plans always span from January till December.

Recently, the Trade Unions spent much time on influencing the reform of labour, pension and health legislation. Our efforts turned out quite successful – the results are comparable with those in the EU and many a solution may even be better than noticed abroad. Nevertheless, Slovene Trade Unions note a trend of reducing labour rights in spite of a comparably favourable economic position in the country. The new proprietors and the government, that sometimes still remains a majority owner, are rather aggressive.

The above situation also involves the reform of the public sector, including most cultural and artistic activities, because as a rule this domain predominantly depends on the national budget and partly on budgets of local communities. Due to this interconnection, on one hand, and due to big non-system differences occurring in the initial transition period between individual activities and in the interest of both the State and even more of the employees, on the other hand, two new acts were adopted after long bargaining and harmonization proceedings: the Public Employees Act and the Act on Public Sector Salary System, both adopted in 2002. The latter, however, entered in force as late as on 1 January 2004, yet only in part, because its full enforcement requires the conclusion of the Collective Agreement relating to the public sector as well as the conclusion of collective agreements on individual sector activities, based on the above Acts. In this way it is expected that by 2009 this sector would achieve a balanced evaluation of jobs and a comparable balancing of salaries in individual activities, because for the time being salaries in culture are even by 30 per cent below the average in the respective sector. On passing the Act the State set itself the aim to achieve the balance by keeping the salaries unchanged in spite of the introduction of the reform.

This has led to the situation in which the bargaining for the Collective Agreement has become painful, longlasting and destructive, because the "more wealthy" trade unions refuse to abandon their privileged position. On the other hand the State as the employer abuses this position by drawing direct benefits from such procrastination of bargaining because non-exercising the Act involves a saving in the national budget. However, the sector of culture and art are proved to be the most affected, with a minimum budget envisaged for financial improvement because it is the least demanding budget consumer. To illustrate this problem – the joint public sector bargaining team had about 150 meetings, the Government and the Trade Union together had about 60 meetings, the bargaining continues for the third year, but all fundamental problems still remain open: both the methodology and the comparative evaluation of selected jobs, titles, their further evolution, methods of promotion etc. Besides, problems also arise due to the fact that both the Government and the Trade Unions tend to close their eyes to specific features. They anyway try to solve the problems through generalization, which on the other hand makes the way to common solutions more difficult.

Moreover, it is harmful that the Government keeps postponing the final balancing of salaries from one year into another. The Government shifted the initial desire to arrive at the targeted result from 2004 to 2009, although it seems that in the given situation this will not be possible either. In the Parliament, the proposal by Glosa that salaries should be balanced at least by half until 2006 was met with absolute lack of understanding, which we understand as a sign that the State (being practically the only source of financing) is deaf to proper cultural and artistic development, such as declared in the National Cultural Programme.

At this point it is indicative that the Government has not pursued the same trend with reference to the salaries of directors of public institutes. A similar process is under preparation for salaries of mayors and functionaries. According to the decree in force, their salaries will significantly rise already in 2006.

In addition, it is very unfavourable for culture that the Government tends to treat artists according to the same promotional criteria as applied for evaluation of the performance of their bureaucracy. These criteria are simply opposite to those required for evaluation of artistic creativity. The bargainers on the opposite side are simply unable to grasp that they do not include a single expert in culture and art. Moreover, it should be stressed that in such situation the civil society has been pushed into the corner.

Such situation is very depressive for the employees. However, the Trade Unions have not yet found the way how to make their members much more eager for the unionist struggle.

The provisions of ZUJIK have awkwardly introduced into culture and in particular into management of artistic institutions the possibilities of significantly higher influence of the governing political parties. Such situation is harmful irrespective of the ideological structure of the Government because it essentially limits the autonomy of artistic creativity. All members of Management Councils of Public Institutes are appointed by the Government or by local communities, which involves government coalition; however, there is no room either for the representatives of public interest or for the employees. The latter are allowed to sit in the so-called expert councils that play a consultative role only. Directorates and councils of institutes are not obliged to follow their advice. The Trade Unions find such situation detrimental for successful development of the activity. Since the budgets are financed by Slovene tax-payers we strive for much greater influence on the part of experts and public interest.

At the moment the above situation in culture is also spreading to media, in particular to the public radio and television, for the recently adopted Act limits the influence of the civil society through appointment of representatives of RTV Council by the qualified majority in the Parliament. As a result it may be expected that the programme policy of the public television will also depend on political views. This conflict has become so acute that these days Slovenia will launch a referendum focused on pros and cons regarding the new Radio & Television Act. Accordingly, on this occasion we ask FIA to join our requirements for autonomous public television in Slovenia .

We are sure that an appropriate warning by FIA could be efficient. This is also proved by the fact that our Ministry of Culture revoked its unfair decision on denied health and social security benefits as well as status rights for certain self-employed artists immediately after the Government of the Republic of Slovenia received the Letter of Protest by FIA.

Glosa has been noting for several years that in Slovenia independent and self-employed artists do not enjoy the same social and working rights as those employed in various institutes, although they also work there and/or in various periodical formations that are rarely recognized as a distinctive legal subject. Glosa Trade Union has been pointing out to this issue for more than ten years. Although the Government admits that this issue has not been properly regulated, it wanted to regulate it independently and without cooperation of Trade Unions on presumption that the self-employed also act as their own employers and are accordingly not entitled to unionist organization. However, on the occasion of the this year's protest by President Bolme, addressed to the Government of the Republic of Slovenia, Ministry of Culture along with Ministry of Labour unofficially shows some softening of their position that in this case, too, collective bargaining is recommended by law, while trade unionist organization is a voluntary activity.

Sindikat kulture in narave Slovenije - GLOSA, Dalmatinova ulica 4, 1000 Ljubljana
tel: 01/43 41 254, 01/43 41 294, telefaks:01/23 17 298
e-pošta: glosa@sindikat-zsss.si