Text file: 3469.txt
author: Sony Globokar
downvotes: 3
end consideration date: 2012-09-01
id: '3469'
number comments: 6
number views: 3321
proposal type: Competent authority response
response: "Response from the Ministry of Justice and Public Administration\nThe provisions\
  \ on the termination of employment contracts (Article 188) fall under Chapter 8\
  \ of the Act on Balancing Public Finances (Official Journal of the Republic of Slovenia,\
  \ No 40/2012; hereinafter: ZUJF), where Article 154. Article 154 specifies that\
  \ this Chapter applies to public servants and officials in State bodies, administrations\
  \ of self-governing local authorities, public agencies, public funds, public institutions,\
  \ public economic institutions and other public law entities which are indirect\
  \ users of the State budget or the budget of a self-governing local authority (hereinafter:\
  \ the public sector). Thus, the ZUJF in this part does not apply only to employees\
  \ in the state administration, but applies to the entire public sector, while the\
  \ provisions of Articles 188 and 246 of the ZUJF apply only to public servants.\n\
  We further clarify that Articles 188 and 246 of the ZUJF lay down the conditions\
  \ for the termination of an employment contract and not the conditions or obligations\
  \ for retirement. The ZUJF therefore does not regulate the compulsory retirement\
  \ of civil servants, as incorrectly stated in the proposal. In its transitional\
  \ and final provisions, i.e. in Article 246, the ZUJF regulates the termination\
  \ of the employment contract of those civil servants who fulfil the conditions for\
  \ entitlement to an old-age pension on the basis of certain articles of the Law\
  \ on Pension and Invalidity Insurance, to which the ZUJF refers in this Article.\
  \ These are those civil servants who, on the date of entry into force of the ZUJF,\
  \ i.e. on 31 May 2012, fulfilled the conditions for entitlement to an old-age pension\
  \ in accordance with specific provisions or articles of the law governing pension\
  \ and invalidity insurance, where the ZUJF explicitly refers to these articles of\
  \ the law governing pension and invalidity insurance. The employment contract of\
  \ the civil servants was terminated on the basis of a final decision issued by the\
  \ Head of the Civil Service on the first working day following the expiry of two\
  \ months from the entry into force of the ZUJF, i.e. 1 August 2012. A civil servant\
  \ whose employment contract was terminated in this way was entitled to a severance\
  \ payment equal to two average monthly salaries of an employee in the Republic of\
  \ Slovenia for the preceding three months, or the last two monthly salaries of the\
  \ employee, if more favourable to him/her. However, if such a civil servant retired\
  \ within two months of the entry into force of the ZUJF, he was entitled to a severance\
  \ payment equal to three average monthly salaries of an employee in the Republic\
  \ of Slovenia for the preceding three months or, if more favourable, three last\
  \ monthly salaries of the employee.\nHowever, the ZUJF also provides for the possibility\
  \ of continuing the employment relationship if an agreement on the continuation\
  \ of work is concluded. The ZUJF provides that if the termination of the employment\
  \ contract would disrupt the working process, the employer and the public servant\
  \ may agree on the continuation of the employment relationship within two months\
  \ of the entry into force of the ZUJF, in order to ensure the continuation of the\
  \ working process. The agreement on the continuation of the employment relationship\
  \ must state the reasons for the continuation of the employment relationship and\
  \ the duration of the employment relationship must be specified in the agreement,\
  \ and the duration of the employment relationship must be determined in a manner\
  \ appropriate to the reason given.\nHowever, the provision of Article 188 of the\
  \ ZUJF regulates the status of civil servants who will fulfil the conditions for\
  \ termination of their employment contract as laid down in the ZUJF after its entry\
  \ into force. That Article therefore provides that the employment contract shall\
  \ terminate for those civil servants who fulfil the conditions for entitlement to\
  \ an old-age pension pursuant to Article 36(1) in conjunction with Article 54(1)\
  \ or Article 430(4) or Article 402 or Article 404 of the ZPIZ-1, unless such a civil\
  \ servant agrees with the head of the institution to continue the employment relationship.\
  \ The contract of employment shall terminate on the basis of a final decision issued\
  \ by the head on the first working day following the expiry of two months from the\
  \ date on which the conditions have been fulfilled, and the civil servant shall\
  \ be entitled to a severance payment equal to two average monthly salaries of an\
  \ employee in the Republic of Slovenia for the preceding three months or, if more\
  \ favourable, the last two monthly salaries of the employee.\nWe reiterate that\
  \ the ZUJF does not regulate the conditions for retirement, nor does it provide\
  \ for compulsory retirement, but it does provide for a specific case of termination\
  \ of employment, and each civil servant who fulfils the conditions and whose employment\
  \ is terminated decides whether to exercise the right to an old-age pension or to\
  \ continue working for another employer or in some other form of employment.\nAs\
  \ regards the decision of the head of the institution which issues the final decision\
  \ terminating the contract of employment of a civil servant, it should be clarified\
  \ that this is the person who manages the work of a State body, a local authority,\
  \ a municipal administration and, in the case of bodies governed by public law,\
  \ the management authority. The final decision will therefore be issued by the person\
  \ who, on behalf of the employer, concluded the employment contract with the civil\
  \ servant. It is the head of the authority or, in the case of public-law bodies,\
  \ the management authority, who determines posts according to need in accordance\
  \ with the rules in force. It is also the head or manager who is familiar with the\
  \ entire working process, and it is therefore up to the head or manager to decide\
  \ with which of the civil servants who otherwise meet the conditions for termination\
  \ of employment under the ZUJF to agree on the continuation of the employment relationship.\
  \ The head of the authority or the management body in public law entities is also\
  \ the person responsible for ensuring the smooth functioning of the working process,\
  \ and therefore the assessment of the disruption of the working process, which,\
  \ according to the provisions of the ZUJF, is a reason for concluding an agreement\
  \ on the continuation of the employment relationship, must also be within his/her\
  \ competence.\nThe Government of the Republic of Slovenia is therefore not in a\
  \ position to decide on the termination of the employment relationship of civil\
  \ servants in all bodies of the State administration. In the civil service, the\
  \ decision is taken by the head of the civil service, depending on the needs of\
  \ the work process and taking into account the tasks of the authority and the individual\
  \ concerned.\n "
response date: 2012-09-28
response due date: null
sent date: 2012-08-03
title: Consistency in the retirement of civil servants under the ZUJF (those who meet
  the first conditions)
upvotes: 16
url: https://predlagam.vladi.si/predlog/3469
