Text file: 1462.txt
author: Anti NWO
downvotes: 4
end consideration date: 2011-03-10
id: '1462'
number comments: 6
number views: 4742
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family and Social Affairs\nThe informal\
  \ economy is a phenomenon that can be found in all countries, in all economies and\
  \ in all political systems. Its negative impacts are significant for both employers\
  \ and employees, as well as for the state, social security, property, and human\
  \ and environmental safety. The impact of the informal economy includes loss of\
  \ tax revenue, loss of social security contributions, unjustified claiming of social\
  \ benefits, higher tax and benefit burdens for companies and workers working legally.\
  \  In the Republic of Slovenia, the informal economy is significant, accounting\
  \ for between 17 and 25% of GDP according to various estimates. Given that informal\
  \ work and employment are present in many sectors and environments, the Government\
  \ of the Republic of Slovenia has taken measures to effectively detect and prevent\
  \ these two phenomena and to eliminate their negative consequences. The extent and\
  \ strength of the informal economy in Slovenia has been continuously highlighted\
  \ in recent years by various studies and analyses and by various organisations.\
  \  The legal basis in the field of black labour and employment is the Law on Prevention\
  \ of Black Labour and Employment (Official Gazette of the Republic of Slovenia,\
  \ No 118/06, 29/2010, hereinafter: the Law). Article 3 of the Law clearly states\
  \ what is considered to be black labour, namely: \"(1) The following shall be considered\
  \ to be black labour: \"(1) The following shall be considered to be the performance\
  \ of an activity or work:\n if a legal person carries out an activity which is not\
  \ registered in the court register, or if it does not have the documents prescribed\
  \ by law on the fulfilment of the conditions for carrying out a registered activity,\
  \ if a private person carries out an activity which is not notified to the competent\
  \ authority, or if it does not have the documents prescribed by law on the fulfilment\
  \ of the conditions for carrying out a notified activity, if a legal person or a\
  \ private person carries out an activity in spite of a temporary prohibition on\
  \ carrying out the activity, if a foreign legal person or private individual with\
  \ its seat or residence outside the Republic of Slovenia carries out an activity\
  \ in the territory of the Republic of Slovenia, or if it carries out certain services\
  \ in the territory of the Republic of Slovenia without fulfilling the conditions\
  \ and registering the commencement of the provision of services with the competent\
  \ tax office, if an individual carries out an activity or work and is not registered\
  \ or notified as provided for in this or other laws.\"\n Work and employment in\
  \ the black economy can undermine the foundations of the welfare state and make\
  \ impossible or significantly reduce the scope of certain public services that we\
  \ currently take for granted, such as free education, health services, childcare\
  \ leave, social assistance and unemployment benefits, and other public services\
  \ such as libraries, public kindergartens, etc. The payment of taxes and contributions\
  \ enables individuals to access the above public services. From an economic point\
  \ of view, undeclared work and employment is also extremely problematic, as it creates\
  \ unfair competition in the market. Commercial services and sole traders who carry\
  \ out their activities in accordance with the regulations cannot compete with those\
  \ who work in the black, as they can offer their customers significantly lower prices,\
  \ which are not subject to contributions and taxes. On the other hand, they offer\
  \ a service without guarantee and without insurance. Consumers also have no right\
  \ to make claims for damages and guarantees. Work and employment in the black economy\
  \ present risks and negative consequences for the welfare state, the economy and\
  \ the individual citizen. Although it can complement the legal economy and relieve\
  \ social tensions in some periods, its negative impact makes it morally and legally\
  \ reprehensible and prosecutable by states. One of the key problems in preventing\
  \ undeclared work and employment is the demand for such services. By properly informing\
  \ individuals about the negative effects on them personally (e.g. service without\
  \ an invoice = service without a guarantee), the demand for undeclared services\
  \ is reduced. The current legal framework also allows for some other forms of work\
  \ that do not fall under the scope of undeclared work. The law thus provides for\
  \ exceptions which, notwithstanding the provisions of Article 3 of the law, are\
  \ not considered as undeclared work, namely mutual neighbourly assistance, self-employed\
  \ work, emergency work, humanitarian, charitable, voluntary and charitable work\
  \ under this law and under other regulations, and personal complementary work. \
  \ According to the given proposal, the reform of undeclared work cannot be followed\
  \ in the light of the above. However, the review of the existing legislation and\
  \ the formulation of proposals for the necessary changes to prevent the informal\
  \ economy will be addressed in the future by an inter-ministerial working group\
  \ composed of representatives of the Ministry of Economy, the Ministry of Labour,\
  \ Family and Social Affairs, the Ministry of Finance, the Tax Administration of\
  \ the Republic of Slovenia, the Ministry of Environment and Spatial Planning, and\
  \ the Ministry of Agriculture, Forestry and Food.   "
response date: 2011-04-21
response due date: null
sent date: 2011-02-05
title: Labour reform in the CRNO
upvotes: 7
url: https://predlagam.vladi.si/predlog/1462
