Text file: 11192.txt
author: Fizio
downvotes: 1
end consideration date: 2020-04-28
id: '11192'
number comments: 0
number views: 413
proposal type: Competent authority response
response: 'Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities

  To begin with, with regard to the legal regulation of wage compensation in the event
  of waiting for work, we would like to clarify that the Labour Relations Act (Official
  Gazette of the Republic of Slovenia, No 21/13, 78/13 - corrected, 47/15 - ZZSDT,
  33/16 - PZ-F, 52/16, 15/17 - Decree of the US, 22/19 - ZposS and 81/19; hereinafter
  referred to as "ZDR-1") regulates the institute of temporary inability to provide
  work for a business reason in Article 138. As follows from Article 138(2), during
  the period of waiting for work, the worker is entitled to a wage allowance equal
  to 80 % of the base referred to in Article 137(7) of the ZDR-1, which lays down
  a general rule as to the amount of the wage allowance for all workers. The basis
  for calculating the wage allowance is the worker''s average monthly full-time wage
  over the last three months or the period of work over the last three months. According
  to Article 126(2) of the ZDR-1, the salary consists of the basic salary, a performance
  component and allowances, including a length-of-service allowance. The salary also
  includes performance pay, if agreed in the collective agreement or employment contract.If
  the employee has not worked during the last three months of the employment period
  and has received wage compensation for the entire period, the basis for compensation
  is equal to the basis for wage compensation in the last three months before the
  absence began. If the worker has not received a single month''s salary during the
  whole of the last three months, he shall be entitled to a salary allowance equal
  to the basic salary laid down in the employment contract. The amount of the salary
  allowance may not exceed the amount of the salary the worker would have received
  if he had been working.

  The amount of the wage allowance for the period of temporary waiting for work due
  to the consequences of the epidemic is also regulated by Article 26 of the Act on
  Intervention Measures to Curb the COVID-19 Epidemic and to Mitigate its Consequences
  for Citizens and the Economy (Official Gazette of the Republic of Slovenia, No.
  49/20), which stipulates that a worker who is temporarily absent from work due to
  a temporary waiting period or force majeure is entitled to wage compensation in
  the amount set by the law regulating labour relations in the event of temporary
  inability to provide work for a business reason (80% of the base), and further stipulates
  that the compensation for the period of temporary waiting period due to the consequences
  of the epidemic may not be lower than the minimum wage in the Republic of Slovenia.

  To clarify, the Ministry has published on its website key information and answers
  to frequently asked questions on the exercise of rights and obligations under the
  employment relationship in times of special circumstances due to the reduction of
  the spread of the SARS-CoV-2 coronavirus. The information, which we are also updating,
  is available at: https://www.gov.si/drzavni-organi/ministrstva/ministrstvo-za-delo-druz...
  and https://www.gov.si/assets/ministrstva/MDDSZ/Koronavirus/Pravice-in-obv... respectively.'
response date: 2020-04-28
response due date: null
sent date: 2020-03-26
title: 100% compensation for waiting time or sickness during coronavirus for a PART-TIME
  INVALID with a 4h job and a STAFF CREDIT..
upvotes: 26
url: https://predlagam.vladi.si/predlog/11192
