Text file: 3320.txt
author: ALLOVE
downvotes: 0
end consideration date: 2012-07-17
id: '3320'
number comments: 6
number views: 3126
proposal type: Competent authority response
response: 'Response by the Ministry of Labour, Family and Social Affairs

  The essential feature of this form of employment is that the worker performs the
  work in his/her own home or in premises of his/her choice, which are outside the
  employer''s premises. Teleworking, which the worker performs using information technology,
  is also considered to be home-based work. Homeworking shall be subject to the appropriate
  agreement between the employer and the worker, expressed by the conclusion of a
  specific contract of employment for homeworking. The Labour Relations Act (Official
  Gazette of the RS, No 42/02, 79/06-ZZZPB-F, 46/07-Odl. US, 103/07, 45/08-ZArbit
  and 83/09-Odl. US, hereinafter referred to as the "LRA") stipulates that the employment
  contract between the employer and the employee shall regulate the rights, obligations
  and conditions which depend on the nature of the homework. It is expressly provided
  that the worker is entitled to compensation for the use of his/her resources in
  homeworking, the amount of the compensation being determined in the employment contract.
  The employer is obliged to ensure safe conditions for homeworking. It is obliged
  to inform the labour inspectorate of its intention to organise homeworking before
  the worker starts work. The labour inspector shall prohibit the employer from organising
  or carrying out homeworking if the homeworking is harmful or if there is a risk
  of it becoming harmful to the homeworkers or to the living and working environment
  in which the work is carried out and in cases where the work is work which may not
  be carried out as homeworking, as provided for by law or other regulation. A worker
  who carries out work at his home or at premises of his choice agreed with the employer
  shall have the same rights as a worker who works at the employer''s premises, including
  the right to participate in management and to organise a trade union. In 2007, an
  analysis of the legal regulation of flexible forms of employment in the light of
  the European social model of flexicurity was carried out, which showed that there
  are no major problems with the current legal regulation of home-based work carried
  out on the basis of a concluded employment contract, but that there is very little
  of this form of work in the context of a formal employment relationship. It was
  suggested that it would be appropriate to provide for more flexible possibilities
  for temporary homeworking or for combining "traditional" work on the employer''s
  premises with homeworking. In the light of the above, in the context of a systemic
  amendment of the HRA, in order to provide for clearer regulation and to motivate
  a wider range of possibilities to combine homeworking with the use of IT, it is
  explicitly proposed to allow the employer and the employee to agree in the employment
  contract that the employee will perform homeworking only for part of the employer''s
  working time (for a particular day of the week or for a few hours). In the light
  of the above, we conclude that the provisions of the HRA governing the possibility
  to carry out homeworking, and the proposed amendments, are appropriate and in line
  with the international instruments concerned. We agree that further action is needed
  to "promote" or "popularise" this type of relationship in order to increase its
  use in practice, including possible subsidies, which of course depends on the financial
  possibilities.'
response date: 2012-08-20
response due date: null
sent date: 2012-06-18
title: Subsidies / incentives for homeworking
upvotes: 29
url: https://predlagam.vladi.si/predlog/3320
