Text file: 1764.txt
author: mlad26
downvotes: 7
end consideration date: 2011-05-28
id: '1764'
number comments: 14
number views: 7147
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family and Social Affairs\nCurrently,\
  \ student work is regulated by the Employment and Unemployment Insurance Act (Official\
  \ Gazette of the Republic of Slovenia, No. 107/06 - UPB-1, 114/06 - ZUTPG and 59/07\
  \ - Z\u0161tip. (63/07 am.), 51/10 US Decree, 80/10-ZUTD; hereinafter: ZZZPB) and\
  \ the Regulation on the Conditions for the Activities of Employment Agencies (Official\
  \ Gazette of the Republic of Slovenia, No. 139/06).\nThe Ministry of Labour, Family\
  \ and Social Affairs agrees that student work needs to be regulated, which is why\
  \ it was regulated as one of the flexible forms of work in the Small Labour Act,\
  \ which was rejected in the referendum.\nThe failure to adopt the Small Labour Act\
  \ means a continuation of the status quo in the labour market, where students have\
  \ the exclusive right to carry out casual and occasional work through referrals.\
  \ The Small Work Act would have allowed pensioners and the unemployed to carry out\
  \ this type of work, albeit to a limited extent, and would also have provided social\
  \ security rights.\nStudents can already work on the basis of a sub-contract under\
  \ the current legislation. Therefore, if a student decides that working under a\
  \ subcontract is more suitable and advantageous for him/her, he/she can conclude\
  \ a subcontract with the client.\nIt follows from the regulation of the subcontract\
  \ that the subcontractor (the student) organises the work himself. This means that\
  \ he/she must provide himself/herself with everything he/she needs to get the job\
  \ done (tools, machinery, etc.). The materials can be provided either by the subcontractor\
  \ or by the client, depending on the agreement. In the work, the contractor is independent,\
  \ responsible for the result of the work and not subordinate to the client, unlike\
  \ in student work where the employer supervises and instructs the student. It is\
  \ true that the contractor must also comply with the client's instructions and allow\
  \ the client to supervise the progress of the work, but this supervision is less\
  \ intense than the employer's supervision of the student in student work.\nHowever,\
  \ it is not the case that the proposer's argument that students will also be subject\
  \ to the same contributions as other employees (i.e. workers employed under an employment\
  \ contract) in the case of sub-contracting work is incorrect.\nContributions on\
  \ the basis of a subcontracting agreement:\n Invalidity pension insurance Persons\
  \ performing work on the basis of a subcontracting contract are compulsorily insured,\
  \ as insured persons performing work for remuneration in the context of another\
  \ legal relationship, against invalidity, physical impairment or death resulting\
  \ from an occupational injury or occupational disease in the course of that work,\
  \ as provided for in Article 27(2) of the EC Treaty. Article 27 of the Pension Disability\
  \ Insurance Act - ZPIZ-1 (Official Journal of the RS, No. 109/06 - officially consolidated\
  \ text, 112/06 US Decree No. 114/06-ZUTPG, 10/08-ZVarDod, 98/09-ZIUZGK, 27/2010\
  \ Decree No.The contribution to pension and invalidity insurance is paid by the\
  \ payer under the subcontract (the client) in the amount of 6 per cent of the gross\
  \ amount of the remuneration. Special tax The company (the client) is also obliged\
  \ to levy a special tax on certain remuneration on the amount of the income in accordance\
  \ with the Act on Special Tax on Certain Remuneration (Journal of Laws of the Republic\
  \ of Slovenia, No. 72/93, 22/94, 45/95, 12/96, 82/97 Coll.). The tax rate is 25\
  \ per cent and is calculated on the gross remuneration in the contract. Health insurance\
  \ Persons performing work on the basis of a labour contract are insured for occupational\
  \ injury and occupational disease in accordance with Article 17(5) of the Health\
  \ Care and Health Insurance Act (Official Gazette of the Republic of Slovenia, No.\
  \ 72/06 - officially consolidated text, 114/06-ZUTPG, 91/07, 76/08, 62/10-ZUPJS).\
  \ The legal and natural persons with whom they work pay a flat-rate health insurance\
  \ contribution of EUR 3,08 for each subcontract concluded in a given month. The\
  \ health insurance is paid monthly.\nContributions based on the employment contract:\n\
  The amount of the employee's and employer's contributions calculated on the basis\
  \ of an employment contract differs substantially from the contributions calculated\
  \ on the basis of a subcontract as presented above.\nSocial security contributions\
  \ are the employer's statutory social security contributions and additional payments\
  \ to be borne by the employer for the social security of employed persons.\n Total\
  \ social security contributions Employee social security contributions 15.50% Employer\
  \ social security contributions 8.85% Total social security contributions Employee\
  \ social security contributions 6.36% Employer social security contributions 6.56%\
  \ Work injury contributions 0.53% Total other contributions Employee parental care\
  \ contributions 0.10% Employer parental care contributions 0.10% Employee employment\
  \ contributions 0.14% Employer employment contributions 0.06%\nIt follows from the\
  \ above that the same rights cannot be derived from an employment contract and from\
  \ a subcontract, as different contributions are payable.\nThe Ministry of Labour,\
  \ Family and Social Affairs therefore considers, for all the above reasons, that\
  \ it is necessary to regulate the issue of student work, and a decision on concrete\
  \ steps in this area will be taken after discussions with the social partners and\
  \ consideration of their proposals.   "
response date: 2011-06-15
response due date: null
sent date: 2011-04-29
title: Restriction of student work to subcontracting
upvotes: 16
url: https://predlagam.vladi.si/predlog/1764
