Text file: 3970.txt
author: "jan\u010Di"
downvotes: 0
end consideration date: 2012-12-13
id: '3970'
number comments: 2
number views: 2492
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family and Social Affairs\nAnalysis\
  \ of the current situation. 42/02, 79/06-ZZZPB-F, 46/07 US Decree No. U-I-45/07,\
  \ Up-249/06-22, 103/07, 45/08-ZArbit, 83/09 US Decree No. U-I-284/06-26; hereinafter:\
  \ ZDR), according to which an employer recruiting new employees must publicly announce\
  \ the vacancy or type of work. Employers are obliged to send to the Institute applications\
  \ for vacant posts or types of work with a specified deadline for applications and\
  \ the conditions that the worker must fulfil in order to perform the work, except\
  \ where they conclude a new employment contract for a fixed or indefinite period\
  \ for the same post or type of work with a worker who is already employed, or where,\
  \ under the ZDR and under the ZUTD, an employment contract is concluded without\
  \ public announcement. When the institution receives an application for a vacancy,\
  \ it shall publish the vacancy publicly at the employer's request (the employer\
  \ may also provide for public publication by other means), in which case it shall\
  \ carry out all the procedures relating to the placement of the job.   The content\
  \ and manner of publication of a vacancy is regulated in more detail by the Regulation\
  \ on the Notification and Publication of a Vacancy or Type of Work, the Procedure\
  \ for the Mediation of Employment, and the Content and Manner of Reporting Information\
  \ to the Employment Service of the Republic of Slovenia (Official Gazette of the\
  \ Republic of Slovenia No 105/10; hereinafter referred to as the 'Regulation'),\
  \ which stipulates in Article 6(1) that publication on the premises of the Employment\
  \ Service and on the Employment Service's website shall be deemed to be public publication.\
  \ The Institute, in agreement with the employer, also publishes vacancies or types\
  \ of work in the media. In accordance with the provisions of the Regulations, on\
  \ receipt of an application for a vacancy or type of work in which the employer\
  \ indicates that it wishes to participate in the placement of candidates for employment,\
  \ the institution must ascertain whether there are any persons registered in the\
  \ records kept by the institution pursuant to the provisions of the TECL for whom\
  \ employment in that vacancy or type of work would constitute suitable or appropriate\
  \ employment and:\n offer the vacant post or type of work to those persons who meet\
  \ the conditions of the vacant post or type of work, verify their qualifications\
  \ and willingness, agree with the employer on the modalities of cooperation, and\
  \ make a referral of an agreed number of the most suitable candidates.\nOn the expiry\
  \ of the deadline for applying for the vacancy or type of work, the Jobseeker's\
  \ Centre will provide the employer with information on the candidates referred and\
  \ request the delivery of a notification of the outcome of the placement, and may\
  \ also participate in the job interviews.\nHowever, in accordance with Article 27\
  \ of the LSA, the Institute has the possibility to refuse to refer candidates to\
  \ employers with negative references, on whom it keeps a register in accordance\
  \ with Article 123(1)(5) of the LSA, as long as they are entered in the register\
  \ of employers with negative references.\n Analysis of the proposal and reasons\
  \ for its (in)suitability:\nNotwithstanding the fact that the intention of the proposer\
  \ is good and perfectly understandable, it is necessary to clarify, from the point\
  \ of view of the competence of the Ministry of Labour, Family and Social Affairs,\
  \ that it is not within the competence of the Institute to make all vacancies in\
  \ the public sector (i.e. in the bodies of the sub-national administration, the\
  \ bodies attached to ministries, the holders of public authority and the bodies\
  \ of local self-government) publicly available in accordance with the legislation\
  \ in force, through which employers are merely given the opportunity to ensure that\
  \ they comply with the obligation to make public the vacancy or the type of job\
  \ in question in question in accordance with Article 2(1) of the Labour Code. According\
  \ to the ZDR, the fundamental obligation of any employer wishing to advertise a\
  \ vacancy or type of job is to make it public; an element of the constitutionally\
  \ protected freedom to work (Article 49 of the Constitution of the Republic of Slovenia)\
  \ is the right to equal access to every job on equal terms, which can only be realised\
  \ if the available jobs are made public. Although the ZDR does not explicitly define\
  \ the means of publication which are to be regarded as public publication, it can\
  \ be concluded from the entire text of Article 23 that public publication refers\
  \ to publication in the media or through an institution. The purpose of publicising\
  \ vacancies or types of work is to make the widest possible circle of potential\
  \ candidates for the vacancy or the work concerned aware of the possibility of employment\
  \ or work, and the role of the institute in this respect is limited under the Housing\
  \ Act to ensuring that vacancies are publicly advertised, which employers themselves\
  \ decide to do, whereas the institute's obligations under the LFSA in this respect\
  \ are imposed on it by virtue of its function only in relation to the referral of\
  \ unemployed persons to advertised vacancies or types of work.\nGiven that the applicant\
  \ is limiting himself to the publication of vacancies in the public sector, it should\
  \ be further clarified that, pursuant to Article 58(5) of the Civil Servants Act\
  \ (Official Gazette of the Republic of Slovenia, No 63/07-UPB3, 65/08, 69/08-ZTFI-A,\
  \ 69/08-ZZZavar-E, 74/09 Official Journal of the Republic of Slovenia, No.U-I-136/07-13\
  \ and 40/12-ZUJF), the Ministry of Justice and Public Administration publishes the\
  \ public competition for public administration bodies on its website, while other\
  \ public authorities and local authorities publish the public competition on their\
  \ websites. A public competition may also be published in the Official Gazette of\
  \ the Republic of Slovenia or in a daily newspaper under the above-mentioned legal\
  \ basis.\nIn view of this arrangement for the publication of vacancies in the public\
  \ sector, we suggest that the petitioner address its proposals directly to the Ministry\
  \ of Justice and Public Administration, as the body responsible for ensuring the\
  \ public publication of vacancies by employers in the public sector.\n \nResponse\
  \ from the Ministry of Justice and Public Administration\nGiven that the Ministry\
  \ of Justice and Public Administration is responsible for the civil service system,\
  \ under which the Civil Servants Act (Official Journal of the Republic of Slovenia,\
  \ No 63/07-upb3 and 65/08) regulates employment relationships for state and local\
  \ authorities, we would like to provide clarifications on the regulation of the\
  \ publication of vacancies in the Act. By way of introduction, we would like to\
  \ clarify that public competitions are regulated by Article 122 of the Constitution\
  \ of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, No\
  \ 33/91 and amendments in force), which stipulates that recruitment to administrative\
  \ services may be made only on the basis of a public competition, except in the\
  \ cases provided for by law.  In accordance with the Constitution of the Republic\
  \ of Slovenia, the institution of public competition is also regulated in more detail\
  \ in the ZJU, in Part II, which applies to civil servants in State bodies and local\
  \ government administrations. Article 57 of the ZJU lays down the procedure for\
  \ the conclusion of employment relationships in State bodies and local community\
  \ administrations. Before a new recruitment procedure is initiated, the head of\
  \ the authority shall assess whether the vacant post can be filled by transferring\
  \ a civil servant from the same authority or from another authority as an internal\
  \ competition. The internal competition shall be the subject of a specific agreement\
  \ between the national authorities and the local authorities. If the vacancy is\
  \ not filled by transfer of a civil servant from the same or another body, a new\
  \ recruitment procedure shall be initiated. Given that Article 49 of the Constitution\
  \ of the Republic of Slovenia provides, inter alia, that every post shall be open\
  \ to everyone under equal conditions, the above principle is also regulated in the\
  \ ZJU, in the first part as the principle of equal accessibility (Article 7), according\
  \ to which the recruitment of civil servants shall be carried out in such a way\
  \ as to ensure equal accessibility of posts to all interested candidates under equal\
  \ conditions and in such a way as to ensure the selection of the most professionally\
  \ qualified candidate for the performance of the duties of the post.  In the light\
  \ of the above provisions, a public competition should therefore be held for clerical\
  \ posts, while for professional-technical posts the procedure under the Labour Relations\
  \ Act (Official Journal of the RS, No 42/02, 103/07), namely the advertising of\
  \ a vacancy, should be applied. As regards the publication of the public competition,\
  \ Article 58 of the ZJU provides that, in the case of public administration bodies,\
  \ it shall be published on the website of the Ministry responsible for Justice and\
  \ Public Administration, while other public bodies and local authorities shall publish\
  \ the public competition on their websites. The competition may also be published\
  \ in the Official Gazette of the Republic of Slovenia or in a daily newspaper. In\
  \ the light of the above, we consider that the publication of vacancies, as well\
  \ as the publication of open competitions on the websites of the Ministry of Justice\
  \ and Public Administration, other State bodies and local authorities, ensures transparency\
  \ and accessibility of information on vacancies in State bodies and local authorities."
response date: 2013-01-10
response due date: null
sent date: 2012-11-14
title: CALLS for a post in the public sector
upvotes: 16
url: https://predlagam.vladi.si/predlog/3970
