Text file: 7190.txt
author: roxy5
downvotes: 0
end consideration date: 2016-01-12
id: '7190'
number comments: 7
number views: 3397
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities\n\
  The public works are carried out on the basis of the provisions of Articles 49,\
  \ 50, 50a, 51, 52, 53 and 116 of the Labour Market Act (Official Gazette of the\
  \ RS, No 80/10, 40/12-ZUJF, 21/13, 63/13, 10011 3, 32/14-ZPDZC-1 and 47/15-ZZZSDT;\
  \ hereafter: ZUTD), and are aimed at activating the long-term unemployed.\nIn addition\
  \ to the Employment Service of the Republic of Slovenia (hereinafter: the Employment\
  \ Service), the partners in the implementation of public works are the providers\
  \ of public works (the employer who concludes an employment contract with the long-term\
  \ unemployed) and the contracting authorities (e.g. the municipality), which certifies\
  \ the existence of a public interest in a particular public works programme.\nThe\
  \ fields of implementation, the titles and the content of the public works programmes\
  \ are defined in the Catalogue of Public Works Programmes (hereinafter: the Catalogue).\
  \ Individual public works programmes are selected through an annual public call\
  \ for the selection of public works programmes (hereinafter: the call for tenders).\
  \ Only non-profit-making employers may submit a tender for the implementation of\
  \ a public works programme in response to the call for tenders, and they must fulfil\
  \ all the conditions of the call for tenders, including the following conditions:\n\
  there is a public interest of the contracting authority (e.g. municipality) in the\
  \ public works programme which is the subject of the offer,\nthe content of the\
  \ proposed public works programme is consistent with the catalogue,\nthat the proposed\
  \ public works programme does not include works which constitute the exercise of\
  \ the ordinary activities of the contractor; and\nthat the participants must not\
  \ be used to replace the work of 'regular' employees who carry out the contractor's\
  \ regular activity.\nThe selection of the public works programmes is carried out\
  \ by expert committees in each of the regional offices of the Institute. A non-profit-making\
  \ contractor's offer may be selected in each annual call for proposals, provided,\
  \ of course, that it meets the conditions of the call for proposals and that the\
  \ volume of the call for proposals is sufficient to cover all the bids received.\
  \ However, it should not be overlooked that a long-term unemployed person may be\
  \ employed by the same public works contractor for a maximum period of 24 months\
  \ (Article 50(2) of the LWPA).\nSupervision of the implementation of public works\
  \ programmes is carried out by the competent regional offices of the Institute in\
  \ cooperation with the Central Office of the Institute. In 2015, the Institute carried\
  \ out 170 inspections, and on 22 April 2015 it also carried out an inspection of\
  \ the implementation of the content of the public works programme at the Radgona\
  \ Fishing Family in the municipality of Apache. The Institute found no irregularities\
  \ in the supervision, the participant of the public works programme was mowing the\
  \ grass or landscaping at the time of the supervision.\n Analysis of the proposal\
  \ and reasons for its (in)suitability The business register of the Agency of the\
  \ Republic of Slovenia for Public Law Records and Services (hereinafter: AJPES)\
  \ shows that the Radgona Fishing Family has the legal form of an association and,\
  \ on the basis of its sectoral affiliation, it is a non-profit institution (sectoral\
  \ affiliation - SKIS: 8.15). The Radgona Fishing Family has a number of basic units\
  \ (hereinafter: BUs), and according to the information provided by the Institute,\
  \ only the BUs of Ti\u0161ina (hereinafter: Ti\u0161ina BU) and Apache (hereinafter:\
  \ Apache BU) have been carrying out public works for many years. In 2015, these\
  \ two TEs implemented a public works programme entitled 'Rural social activities',\
  \ under which, in accordance with the content defined in the catalogue, work could\
  \ be carried out to assist in the implementation of the fishing families' programmes.\n\
  The non-profit status shown in the AJPES business register allows the Radgona Fishing\
  \ Family (non-profit institution - association, sectoral affiliation 3.15) to submit\
  \ a tender for each annual public call for tenders.\nThe citizen's suggestion should\
  \ certainly be understood as a direction to the Institution to strengthen its control\
  \ over the implementation of the content of the public works programmes.\n "
response date: 2016-02-02
response due date: null
sent date: 2015-12-14
title: Public works
upvotes: 15
url: https://predlagam.vladi.si/predlog/7190
