Text file: 12015.txt
author: Izbrisan Uporabnik 31377
downvotes: 10
end consideration date: 2020-09-23
id: '12015'
number comments: 16
number views: 593
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities\n\
  The Act on Agriculture (Official Gazette of the Republic of Slovenia, No 45/08,\
  \ 57/12, 90/12 - ZdZPVHVVR, 26/14, 32/15, 27/17 and 22/18, hereinafter referred\
  \ to as ZKme-1) regulates temporary or occasional work in agriculture in Article\
  \ 105a:\n Temporary or occasional agricultural work is a temporary or occasional\
  \ form of work which, directly depending on the growing season, season or nature\
  \ of the work, is characterised by a marked increase in the need for labour in the\
  \ agricultural sectors of fruit-growing, viticulture, hops-growing and vegetable-growing.\
  \ The contractor may be the holder or a member of the agricultural holding registered\
  \ in the RKG, for whom the contractor will carry out certain work on the basis of\
  \ a contract for temporary or occasional agricultural work. The contractor of temporary\
  \ or occasional agricultural work (hereinafter referred to as 'the contractor')\
  \ is the natural person who carries out the work under the contract referred to\
  \ in the preceding paragraph.\nThe Law on temporary or occasional agricultural work\
  \ provides for the conclusion of civil-law contracts.\nArticle 76 of the Act on\
  \ intervention measures to contain the COVID-19 epidemic and mitigate its consequences\
  \ for citizens and the economy (Official Journal of the Republic of Slovenia No\
  \ 49/20; 61/20, hereinafter: ZIUZEOP) regulates temporary and occasional work in\
  \ agriculture:\n Notwithstanding Article 105c(3) of the Law on Agriculture and Rural\
  \ Development (ZKme-1), until the end of 2020, a person performing temporary or\
  \ occasional work in agriculture may work intermittently or continuously without\
  \ limitation as to the number of days. A worker who has been placed on temporary\
  \ standby due to an epidemic shall be informed by the Employment Service of the\
  \ holder or member of the agricultural holding referred to in the Law on Agricultural\
  \ Holdings who expresses the need for temporary or occasional agricultural work\
  \ in order to conclude a contract in accordance with the provisions of the Law on\
  \ Agricultural Holdings. A worker who is temporarily on standby for an epidemic\
  \ must obtain the employer's written consent for the duration of the temporary or\
  \ occasional agricultural work before commencing the temporary or occasional agricultural\
  \ work. Notwithstanding Articles 12 and 13 of the LFPR, the Employment Service of\
  \ the Republic of Slovenia may also refer a person entered in the register of unemployed\
  \ persons to a holder or member of an agricultural holding referred to in the LFPR\
  \ who expresses a need for temporary or occasional agricultural work, to conclude\
  \ a contract in accordance with the provisions of the LFPR. Notwithstanding Article\
  \ 67(1) of the Unemployment Benefit Act, the unemployment benefit shall be reduced\
  \ for an insured person who, during the period of entitlement to the benefit, performs\
  \ temporary or occasional work in agriculture for which he receives or is entitled\
  \ to receive income from work which, after payment of taxes and compulsory contributions,\
  \ exceeds EUR 400 per month.\nIn Slovenia, the need to hire more seasonal workers\
  \ in agriculture arises every year. During the spring period, when more manual work\
  \ has to be done in a limited time or at a certain stage of plant development, the\
  \ need for additional labour is particularly acute in permanent crops (hops, vineyards,\
  \ orchards) and also in horticulture. Seasonal work is regulated by the law on labour\
  \ relations, while temporary and intermittent work is regulated by the Law on Labour\
  \ Relations and Article 105a deals with the conclusion of civil law contracts under\
  \ the Law on Labour Relations. The Employment Service of the Republic of Slovenia\
  \ keeps records of unemployed persons in accordance with the Labour Market Act,\
  \ but has no legal basis for referring them for civil law contracts under the Zkme-1.\
  \ The ZIUZEOP provides exceptionally that an unemployed person registered in the\
  \ register of unemployed persons at the Employment Service of the Republic of Slovenia\
  \ may be referred to a holder or member of an agricultural holding referred to in\
  \ the ZKme-1, who expresses the need for temporary or occasional work in agriculture,\
  \ in order to conclude a contract in accordance with the provisions of the ZKme-1.\
  \ The Labour Market Regulation Act stipulates that the RS RS can only refer unemployed\
  \ persons to suitable or appropriate employment, and therefore the ZIUZEOP already\
  \ provides for an exception to the referral to suitable or appropriate employment,\
  \ since a civil law contract is concluded for temporary agricultural work. The provision\
  \ on the reduction of the cash allowance for the purpose of generating additional\
  \ income is also intended to encourage the work activity of unemployed persons or\
  \ to maintain their motivation to work. Another exception is that recipients of\
  \ the cash benefit are allowed to perform temporary and occasional work for a remuneration\
  \ of up to EUR 400 and only from this amount is the cash benefit reduced by 50 per\
  \ cent of the additional income, as provided for in Article 67 of the Labour Market\
  \ Act.\nThe Ministry of the Interior considers that the proposal is unfounded, since\
  \ the performance of temporary and occasional work is already adequately regulated\
  \ in the legislation in force."
response date: 2020-09-29
response due date: null
sent date: 2020-08-21
title: Work on the farm
upvotes: 43
url: https://predlagam.vladi.si/predlog/12015
