Text file: 12758.txt
author: "Pravi\u010Dna"
downvotes: 0
end consideration date: 2021-02-05
id: '12758'
number comments: 4
number views: 384
proposal type: Competent authority response
response: "Response from the Ministry of Finance\nThe Ministry of Finance points out\
  \ that the proposal is a general proposal to determine the validity (vacatio legis)\
  \ of the adopted regulations after their publication in the Official Journal, which\
  \ does not fall within the scope of the Ministry of Finance's work.\nNotwithstanding\
  \ the above, we would like to clarify that the general vacatio legis is already\
  \ laid down in Article 154 of the Constitution of the Republic of Slovenia (15 days,\
  \ unless otherwise provided for in a regulation) and is also followed by the Ministry\
  \ of Finance when drawing up regulations in its field of activity.\nIn the tax area,\
  \ a specific nomotechnical practice has even been developed to determine the separate\
  \ validity and application of (in particular) laws, in order to adopt by-laws, which\
  \ means that the law is applied with a delay, even with regard to the vacatio legis.\
  \  When drafting regulations in the field of the Ministry of Finance, we are also\
  \ bound by European Union legislation and the deadlines set for transposing European\
  \ Union legislation into the Slovenian legal order. This also means that all stakeholders\
  \ affected by the regulation are already aware of the deadlines when the regulations\
  \ are adopted at EU level.\nGiven that the forwarded proposal also mentions a practical\
  \ example related to the transitional period of the Act on intervention measures\
  \ to help mitigate the consequences of the second wave of the epidemic COVID-19\
  \ (Official Journal of the Republic of Slovenia, no. 203/20 and 15/21 - COVID),\
  \ we would like to inform you that the measures provided for in the Intervention\
  \ Act are being adopted in an expedited or even urgent procedure, mainly in order\
  \ to ensure that the assistance provided for in the Intervention Act reaches the\
  \ target groups as soon as possible, which is why it is appropriate to implement\
  \ them as soon as possible.\n \nResponse from the Ministry of Labour, Family, Social\
  \ Affairs and Equal Opportunities\nIn the light of the above, we would like to clarify\
  \ that the Employment Relations Act (hereinafter: 'the Employment Relations Act')\
  \ (hereinafter: 'the Employment Relations Act-1') provides for the right to a minimum\
  \ annual leave entitlement of no less than four weeks per calendar year, and that,\
  \ in addition to the minimum annual leave entitlement, the Employment Relations\
  \ Act-1 provides for cases in which an employee is entitled to additional annual\
  \ leave days on the basis of his or her personal and social circumstances. These\
  \ circumstances are: the status of an older worker, the worker's disability, a physical\
  \ impairment of at least 60 %, the care and protection of a child in need of special\
  \ care and protection in accordance with the regulations governing family benefits\
  \ and a child under the age of 15. Moreover, the ZDR-1 itself, in the provision\
  \ of Article 160(1), provides that a longer duration of annual leave than that laid\
  \ down in the law may be determined by a collective agreement or an employment contract.\
  \ Labour law thus lays down minimum labour law standards, which may be supplemented,\
  \ i.e. regulated more favourably for the worker, by a collective agreement or an\
  \ employment contract. This also follows from the rules of the hierarchy of labour\
  \ law sources.\nIn the light of the above, it can be concluded that the above-mentioned\
  \ initiative concerning additional annual leave days in the event of increased workloads\
  \ for the worker does not require a change in the systemic legislation which establishes\
  \ a minimum of rights for the worker. The additional annual leave days (both the\
  \ conditions for entitlement and the number of days) can be laid down in the collective\
  \ agreement or the employment contract itself for these cases."
response date: 2021-03-01
response due date: null
sent date: 2021-01-07
title: Adoption of rules to define the timeline (transition period) for newly adopted
  laws, rules, regulations, etc.
upvotes: 30
url: https://predlagam.vladi.si/predlog/12758
