Text file: 3715.txt
author: Samoslo
downvotes: 0
end consideration date: 2012-10-30
id: '3715'
number comments: 4
number views: 3169
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 and 40/12-ZUJF, hereinafter: ZUTD), ceased to apply as of 1 January 2011.\
  \ 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 until the date of its\
  \ application; in accordance with the transitional provision 192. Thus, the provisions\
  \ of Articles 5, 6, 6a, 6b, 6c, 6c, 6d, 6e, 7 and 8 of the ZZZPB apply to the provision\
  \ of temporary and casual work to students until the application of the law regulating\
  \ the provision of temporary and casual work to students.\nWith the entry into force\
  \ of the Act on balancing public finances (Official Journal of the RS, No 40/12;\
  \ hereinafter: ZUJF) on 31 May 2012, a new amount of the concession levy (increased\
  \ from 12% to 23%) was set and redistributed in order to increase the volume of\
  \ funding for scholarships. The ZUJF did not materially affect the very institution\
  \ of mediation and provision of student work, so that the provisions of the ZZZPB\
  \ determining the beneficiaries and the manner of mediation of student work are\
  \ still applicable.\nAccording to Article 6 of the ZZZPB, temporary and occasional\
  \ work is provided by the institution to pupils who have already reached the age\
  \ of 15, students and adult learners under the age of 26 who are educated according\
  \ to publicly valid programmes of primary, vocational, secondary and higher vocational\
  \ education. However, the Ministry responsible for labour may, by means of a concession\
  \ agreement, authorise an organisation or an employer that meets the human resources,\
  \ organisational and other conditions to carry out the professional tasks of job\
  \ placement, which includes (inter alia) the placement of temporary and casual work\
  \ for pupils and students.\nPursuant to Article 6b of the LZZPB, such persons may\
  \ perform temporary and occasional work only on the basis of a referral from an\
  \ institution or an authorised organisation carrying out the activity of placement\
  \ of work for school pupils and students.\nArticle 6c provides (inter alia) that\
  \ an organisation or employer wishing to provide employment or work must apply for\
  \ a concession to the Ministry responsible for labour. The Ministry responsible\
  \ for labour decides on the application for a concession by means of a decision\
  \ in an administrative procedure. The applicant may start to provide employment\
  \ or work by concluding a concession contract. There is no right of appeal against\
  \ the decision granting the concession, but an administrative dispute is possible.\n\
  \ Analysis of the proposal and reasons for its (in)suitability:\nHaving examined\
  \ the proposal submitted, we would like to inform you that its implementation is\
  \ not possible under the legislation currently in force, since, in the form of granting\
  \ concessions to private entities to carry out labour brokerage activities, it only\
  \ legalises the performance of casual and temporary work by the beneficiaries mentioned\
  \ above (which could otherwise be considered as work or employment in undeclared\
  \ employment), while ensuring that part of the funds from this activity are earmarked\
  \ for scholarships, in the form of a concession levy levied and paid on the earnings\
  \ from student work. An attempt to regulate this area in a systemic way was made\
  \ by the proposal for a Small Labour Act, which also provided for certain sanctions\
  \ in cases of non-compliance by employers, but this proposal was rejected in a referendum\
  \ in 2011 on the basis of a majority vote of the citizens and was consequently never\
  \ put into effect. Student work is therefore still carried out in the way provided\
  \ for in the PPLA - on the basis of a referral form, the confirmation of which establishes\
  \ a special contractual relationship between the employee and the employer, with\
  \ the institution or student services as concessionaires merely acting as an intermediary\
  \ for this work. In the case of student work, the beneficiary is not entitled to\
  \ the rights to which workers in an employment relationship are otherwise entitled,\
  \ nor is he or she covered by compulsory social security schemes on that basis;\
  \ under such a flexible arrangement, employers therefore have a 'free hand' when\
  \ it comes to 'hiring' persons to work for them through a student referral, and\
  \ the competent inspection services do not have an adequate legal basis for taking\
  \ action, both in the case described by the applicant and in other similar cases.\n\
  The Ministry of Labour, Family and Social Affairs is aware of the inadequacy of\
  \ such regulation of the area, which is one of the causes of the high level of segmentation\
  \ on the labour market in the Republic of Slovenia, but no decision has yet been\
  \ taken on when the area of student work will be comprehensively regulated in a\
  \ systemic regulation. However, when such a systemic regulation is being drafted,\
  \ the drafter will undoubtedly try to take into account as much as possible the\
  \ useful and appropriate suggestions of the interested public.\n "
response date: 2012-11-15
response due date: null
sent date: 2012-10-01
title: Making the most of student induction
upvotes: 14
url: https://predlagam.vladi.si/predlog/3715
