Text file: 5321.txt
author: janez_pe
downvotes: 21
end consideration date: 2014-01-01
id: '5321'
number comments: 22
number views: 2645
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities\n\
  Analysis of the current situation:\nThe status of an unemployed person, the conditions\
  \ for obtaining this status and the rights and obligations of unemployed persons\
  \ are regulated by the Labour Market Act (Official Gazette of the Republic of Slovenia,\
  \ No. 80/10, 40/12-ZUJF, 21/13, 63/13-ZIUPTDSV, 63/13 and 100/13; hereinafter: ZUTD),\
  \ which sets out the grounds for the termination of a person's registration as an\
  \ unemployed person, which is a prerequisite for the receipt of the unemployment\
  \ benefit, in accordance with Article 28(1) of the Act. The 28th Article of the\
  \ Act on Social Security Benefits (Official Journal of the RS, No 61/10, 40/11,\
  \ 110/11-ZDIU12, 40/12-ZUJF, 14/13 and 99/13; hereinafter: ZSVarPre) is also a condition\
  \ for obtaining or retaining the right to social assistance benefits (hereinafter:\
  \ ZSVarPre).\nIn accordance with Art. Article 129 of the UPLA, the registration\
  \ of unemployed persons shall be terminated, inter alia, if the person refuses to\
  \ be included in an active employment policy (AEP) programme or breaches the obligations\
  \ assumed in the contract on inclusion in an AEP programme, if the person refuses\
  \ suitable or suitable employment or fails to make an effort to obtain employment\
  \ in a job interview, if the person is not an active jobseeker, unless he or she\
  \ is exempted from this obligation by an employment plan, or if the person refuses\
  \ to sign an employment plan in accordance with the sixth paragraph of Article 113(1)\
  \ of Regulation (EC) No 73/2009. Article 6, paragraph 5, of the Employment Placement\
  \ Agreement.\nPursuant to Article 28. Article 28 of the LWVARPre, a person who (inter\
  \ alia) refuses, avoids or abandons activities which could or might lead to his/her\
  \ employment without justified reasons is not entitled to financial social assistance;\
  \ such reasons include, inter alia, non-registration with the institution where\
  \ the person could be considered unemployed under the labour market regulations\
  \ and reasons for which the institution ceases to keep the person in the register\
  \ of unemployed persons (identical to those already listed above in the UPLA).\n\
  \ Analysis of the proposal and reasons for its (in)appropriateness:\nUnemployment\
  \ is unfortunately quite commonplace in the current economic crisis. Given the number\
  \ of unemployed persons on the one hand, and the volume of job vacancies advertised\
  \ through the Employment Service of the Republic of Slovenia (hereinafter: the Employment\
  \ Service) and other employment intermediaries, it is clear that in the Republic\
  \ of Slovenia quite a number of persons stay at home every day and need financial\
  \ assistance from the State to survive and to support their family members, which\
  \ at the same time also represents a great potential for exploiting the system of\
  \ allocating individual social benefits. However, the current legislation also provides\
  \ for a number of obstacles. There are also some \"safeguards\" in the current legislation\
  \ to ensure that those who do not fulfil the obligations laid down in the relevant\
  \ legislation are not entitled to social transfers and various social security benefits.\n\
  In our view, the above-mentioned area is already covered by the legislation falling\
  \ under the competence of the Ministry of Labour, Family, Social Affairs and Equal\
  \ Opportunities (ZUTD, Social Security Benefits Act) and does not require further\
  \ standardisation. Compliance with the conditions for being entered in the register\
  \ of unemployed persons is consistently checked and, if a specific breach of the\
  \ obligation to actively seek employment is found, the institution ex officio ceases\
  \ to enter the unemployed person in the register of unemployed persons, and the\
  \ person cannot re-enter the register for 6 months after ceasing to be entered in\
  \ the register of unemployed persons. The competent social work centre shall also\
  \ decide ex officio, upon receipt of notification of such a decision, to discontinue\
  \ the payment of social assistance. As can be seen from the explanations given,\
  \ unemployed persons who fail to fulfil their obligations under active job search\
  \ are sanctioned accordingly.  \n "
response date: 2014-01-20
response due date: null
sent date: 2013-12-03
title: tax on the lazy
upvotes: 26
url: https://predlagam.vladi.si/predlog/5321
