Text file: 2883.txt
author: Daniel
downvotes: 2
end consideration date: 2012-05-11
id: '2883'
number comments: 6
number views: 5267
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family and Social Affairs\nAnalysis\
  \ of the status quo:\nTemporary and occasional work of pupils and students (hereinafter:\
  \ student work) was regulated by the Employment and Unemployment Insurance Act (Official\
  \ Journal of the Republic of Slovenia, No. 107/06 - official consolidated text,\
  \ 114/06-ZUTPG and 59/07-Z\u0161tip, hereinafter: ZZZPB), which, due to the adoption\
  \ of the new Labour Market Act (Official Journal of the Republic of Slovenia, No.\
  \ 80/10, hereinafter: ZUTD), ceased to apply on 1 January 2007. Given that during\
  \ the period of adoption of the ZUTD, a new systemic regulation on student labour\
  \ was being prepared at the same time, the ZUTD extended the validity of those provisions\
  \ of the ZZZPB regulating student labour, namely Articles 5, 6, 6a, 6b, 6c, 6\u010D\
  , 6d, 6e, 7 and 8 of Chapter II Employment and labour brokering, until the ZZZPB\
  \ entered into force on the date of its application. However, a systemic regulation\
  \ that would have re-regulated student work (i.e. the Small Labour Act) was rejected\
  \ in a referendum in 2011.\nThe field of student work was partly re-regulated in\
  \ the just adopted but not yet enacted Act on Balancing Public Finances (ZUJF),\
  \ which will increase the concession tax on student work from the current 12% to\
  \ 23% in order to provide additional funds for state grants; to this percentage\
  \ should be added the 2% additional concession levy under the Law on the additional\
  \ concession levy on remuneration paid for temporary and temporary work of students\
  \ (Official Gazette of the RS, No. 24/07 - Official consolidated text), which remains\
  \ unchanged. The total burden on student labour will therefore be 25 % with the\
  \ entry into force of the ZUJF, and the funds will be collected in a special budgetary\
  \ fund managed by the Ministry of Labour, Family and Social Affairs (hereinafter:\
  \ the budgetary fund). At the same time, the funds collected in previous years from\
  \ the concession levy, which are currently collected by the Public Fund for Human\
  \ Resources Development and Scholarships and earmarked for scholarships (but under\
  \ the current regime only for Ad Futur and staff scholarships), will be transferred\
  \ to the Budget Fund.\nThe distribution of the 23% of the concession levy will take\
  \ place in two phases, as the drafting of the legal text had to take into account\
  \ that concession contracts under the PPAA have already been concluded for the whole\
  \ of 2012, which cannot be unilaterally interfered with without compensation to\
  \ the existing concession holders. Thus, for 2012 (i.e. until the expiry of the\
  \ existing concession contracts), the distribution of 23% of the concession fee\
  \ is modified in such a way that the Student Organisation of Slovenia would receive\
  \ 17.4% of the calculated concession fee instead of the current 37.5% (i.e. 4 percentage\
  \ points) and the Student Services would receive the same amount as before (taking\
  \ into account the increased concession fee of 4.5 percentage points or 19.6% of\
  \ the calculated concession fee, which is the same as the 37.5% of the lower concession\
  \ fee), and 63% of the calculated concession fee would be allocated to the Budget\
  \ Fund for the purposes of scholarships and youth employment programmes instead\
  \ of the current 25% (i.e.For the period from 1 January 2013 onwards, the budget\
  \ fund would be increased to 67% of the calculated concession fee (i.e. 15.4 percentage\
  \ points), as the share of the Students' Organisation of Slovenia and student services\
  \ would be reduced accordingly (to 16.5% of the calculated concession fee, or 3.8\
  \ percentage points).\n Analysis of the proposal and reasons for its (in)appropriateness:\n\
  Having examined the submitted proposal, we would like to inform you that the proposal\
  \ is in fact one of the options that the Ministry of Labour, Family and Social Affairs\
  \ has already considered when preparing the starting points for the systemic regulation\
  \ of student work, and which were almost fully taken into account in the proposal\
  \ for a Small Labour Act, which, as mentioned above, was never implemented. Thus,\
  \ until further notice, assuming of course that the austerity measures are implemented,\
  \ the arrangements described in the ZUJF will remain in force, but we will consider\
  \ the possibility of taking the forwarded proposal into account when drafting a\
  \ proposal for a systemic regulation in this area.\n "
response date: 2012-05-29
response due date: null
sent date: 2012-04-12
title: Restrictions on student work
upvotes: 18
url: https://predlagam.vladi.si/predlog/2883
