Text file: 10262.txt
author: flamant
downvotes: 1
end consideration date: 2019-08-27
id: '10262'
number comments: 4
number views: 1652
proposal type: Competent authority response
response: 'Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities


  Working time is a category of labour law which is important for both workers and
  the company and the organisation of work within the company. Economic and technological
  developments, developments in the organisation of work, the situation on the labour
  market, the process of globalisation and increasing competition, and other similar
  factors are influencing innovations in the forms and methods of organising working
  time. From the workers'' point of view, the various changes in the organisation
  of working time which entail a departure from the normal full-time working week
  are important. Of course, the interests of employers are also relevant to working
  time, since, in the face of increasing competition within the global economy, they
  are introducing new working methods and changing the organisation of work with the
  aim of maximising productivity and minimising labour costs. However, the introduction
  of different ways of organising working time often leads to increasing tensions
  between employers and their demands and workers'' needs and wishes regarding working
  time. For this reason, both the International Labour Organisation (ILO) and the
  European Community (preamble to Directive 2003/88/EC) point out that improving the
  safety, hygiene and health of workers at work, which is also the aim of proper organisation
  of working time, is an objective that cannot be subordinated solely to the economic
  situation. It is necessary and important to strike a balance between the legitimate
  interests of workers and businesses.


  Working time is regulated not only by legislation but also by a number of autonomous
  sources (collective agreements at various levels of agreement, general acts). Working
  time is also the subject of various international norms, which are characterised
  by the fact that they often deal with various issues relating to working time from
  the perspective of working time as a human right. Of particular relevance to working
  time is Directive 2003/88/EC concerning certain aspects of the organisation of working
  time (hereinafter referred to as the Directive), which lays down the minimum health
  and safety requirements to be observed when organising working time. The Directive
  requires Member States to take measures to meet minimum safety and health requirements
  in the organisation of working time in relation to the duration of daily rest periods,
  breaks, weekly rest periods, maximum working time, annual leave and aspects of night
  work, shift work and patterns of work.


  We consider that the general requirements of the Directive have been adequately
  transposed into the Labour Relations Act (Official Journal of the Republic of Slovenia,
  No 21/13, 78/13 - corrected, 47/15 - ZZSDT, 33/16 - PZ-F, 15/17 US Decree-Law and
  22/19 - ZPosS, hereinafter referred to as ZDR-1) in the provisions regulating working
  time, night work, breaks, rest periods and annual leave. The ZDR-1 limits the maximum
  duration of full-time work to 40 hours per week. Although it is stipulated that
  full-time working time may not exceed 40 hours per week, this does not imply an
  absolute weekly limit on full-time working time. In the case of unequal distribution
  and temporary reallocation of working time, full-time work is taken into account
  as an average work commitment over a period of not more than six months and, exceptionally,
  over a period of not more than 12 months. It should be noted that, in the case of
  uneven distribution and temporary redeployment of full-time working time, the law
  imposes an absolute limit on the weekly working time, namely that the working time
  in these cases may not exceed 56 hours per week. Only exceptionally, in cases where
  objective or technical reasons or the organisation of work so dictate, may a collective
  agreement at the level of the industry provide for full-time working time of 40
  hours to be taken into account as an average work commitment over a period of not
  more than 12 months. In addition, the provisions of the ZDR-1 governing daily and
  weekly rest periods must be taken into account in the allocation of working time.
  A worker has the right to rest for a continuous period of 12 hours during a 24-hour
  period, while a worker whose working time is irregularly or temporarily scheduled
  has the right to rest for a continuous period of 11 hours during a 24-hour period.
  In addition, in addition to the daily rest entitlement, a worker shall be entitled
  to a minimum of 24 continuous hours of rest in a period of seven consecutive days.
  The minimum weekly rest period shall be taken as an average over a period of 14
  consecutive days. In this respect, the ZDR-1 allows the possibility that, in the
  case of jobs or occupations, the following may be laid down by law or by collective
  agreements at the level of the industry

  where the nature of the work requires constant presence, or where the nature of
  the activity requires the continuous provision of work or services, or in cases
  of foreseeable irregular or increased workloads, daily and weekly rest periods of
  the average minimum duration laid down by law shall be provided over a specified
  longer period, which may not exceed six months.

  In the light of the above-mentioned statutory provisions, we conclude that the provisions
  of the ZDR-1 governing working time, breaks and rest periods constitute, in the
  first place, minimum standards which, in the interests of the legal protection of
  the worker as the weaker party in the employment relationship, must be guaranteed
  to workers. Therefore, in the case of working time issues, further amendments to
  the labour legislation, in the context of the social partners'' preliminary discussions
  and coordination of the law, must weigh particularly carefully the arguments on
  the scope of the minimum legal rights and protection of employees, since this protection
  can only be effective if the regulation is as balanced as possible between the interests
  of labour and the interests of capital. Any further amendments to labour legislation
  must, of course, also take account of the requirements of international instruments.'
response date: 2019-09-30
response due date: null
sent date: 2019-07-27
title: Limit maximum working hours to 7 consecutive days
upvotes: 22
url: https://predlagam.vladi.si/predlog/10262
