Text file: 7452.txt
author: ahac36 nuncij
downvotes: 9
end consideration date: 2016-05-01
id: '7452'
number comments: 14
number views: 3824
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities\n\
  Thank you for your comments and, with regard to the proposal, we would like to clarify\
  \ that the author is proposing a new regime for landlords, who are only allowed\
  \ to carry out this activity if they are covered by compulsory pension and invalidity\
  \ insurance.\nI would like to clarify that the author's allegations that landlords\
  \ do not pay any contributions and are not covered by pension and invalidity insurance\
  \ are inaccurate. All co-owners are obliged to pay social security contributions,\
  \ but some of them may only pay contributions for special insurance cases. It is\
  \ necessary to distinguish between co-owners according to the size of their business,\
  \ as this determines their status and, consequently, the way in which they are covered\
  \ by compulsory pension and invalidity insurance. In any event, while co-owners\
  \ are obliged to pay contributions to the pension and invalidity insurance scheme,\
  \ the extent of these contributions depends on the scale of their activity.\nArticle\
  \ 13 The Pension and Disability Insurance Act (Official Gazette of the RS, No 96/12,\
  \ 39/13, 99/13 - ZSVarPre-C, 101/13 - ZIPRS1415, 44/14 - ORZPlZ206, 85/14 - ZUJF-B,\
  \ 95/14 ZUJF-C, 90/15 - ZIUPTD, 102/15 and 40/17) ZPIZ-2 provides that natural persons\
  \ who meet the conditions for insurance under the Act shall be compulsorily covered\
  \ by the insurance. If a person simultaneously fulfils the conditions for compulsory\
  \ insurance under more than one of the insurance grounds laid down in this Act,\
  \ he shall be compulsorily insured under the insurance ground which is listed before\
  \ the others in this Act. Article 14 regulates the obligation to be insured for\
  \ workers in an employment relationship, Article 15 for the self-employed, Article\
  \ 16 for farmers and Article 20 regulates the obligation to be insured for special\
  \ cases.\nArticle 14 of the Hospitality Act defines who constitutes a room-keeper\
  \ and stipulates that, under this Act, room-keepers are natural persons, sole proprietors,\
  \ associations or legal persons who provide accommodation to guests, with or without\
  \ breakfast, in their own or a rented flat or holiday home, or, with the consent\
  \ of the competent authority of the self-governing local community, may, notwithstanding\
  \ the provision of Article 5(2) of this Act, also provide accommodation in other\
  \ premises. A natural person may be a room host if he/she carries out the activity\
  \ only occasionally (for a total of no more than five months in a calendar year),\
  \ offers up to 15 beds to guests and is entered in the Business Register of Slovenia.\n\
  Therefore, even in the case of room-keepers, their inclusion in the insurance depends\
  \ on the legal relationship under which they carry out their work. Roommates who\
  \ work as self-employed persons are covered by compulsory pension and invalidity\
  \ insurance under Article 15 of the Pension and Disability Insurance Act (ZPIZ-2)\
  \ as self-employed persons and are obliged to pay all the statutory pension and\
  \ invalidity insurance contributions on the basis of their activity in the same\
  \ way as other individuals, unless they are covered by the insurance on the basis\
  \ of an employment relationship on the basis of a first-come, first-served basis.\
  \ In the latter case, they pay only flat-rate contributions in respect of their\
  \ activity.\nTo the extent that this activity is carried out by associations or\
  \ other legal persons, persons who work for them under an employment contract, as\
  \ partners, etc., are covered by compulsory pension and invalidity insurance under\
  \ the same conditions as for other activities.\nHowever, the exception to this rule\
  \ is that, in the context of pension and invalidity insurance, room and board operators\
  \ who carry out this activity as natural persons only occasionally, for a maximum\
  \ of 5 months per year, and in accordance with the Hospitality Act, are not persons\
  \ who are obliged to be compulsorily covered by compulsory pension and invalidity\
  \ insurance under Article 15 of the Law on the provision of services to persons\
  \ with disabilities. These persons are only obliged to be insured for special cases\
  \ under Article 20 of the Social Insurance Act (the so-called lump sum), namely\
  \ for the occurrence of disability and death resulting from an occupational injury.\
  \ Special cases of insurance are also provided for other jobs and activities which\
  \ do not give rise to compulsory insurance (individuals on voluntary internships,\
  \ pupils and students on practical training, as well as individuals participating\
  \ in organised labour actions, rescue actions or protection and rescue in the event\
  \ of natural disasters, as well as firefighters, mountain rescuers, etc.).\nThe\
  \ issue was sought to be amended during the legislative process for the adoption\
  \ of the ZPIZ-2, but the bill was amended in Article 20 in the way described above,\
  \ i.e. that landlords who carry out this activity only occasionally as natural persons\
  \ are obliged to include them in pension and invalidity insurance only for special\
  \ cases. The legislator's reasons for so providing were to take account of the specific\
  \ characteristics of persons engaged in the occupation of room-keeper and in the\
  \ occupation of craftsman and craftswoman. Due to the nature and scope of their\
  \ activity, these persons had never previously been insured under the legislation\
  \ previously in force, but had always paid a flat-rate contribution, with the special\
  \ advantage of paying, for the entire year of insurance, contributions equivalent\
  \ to five months' flat-rate contribution, which could be paid monthly in twelfths\
  \ or in a single annual amount. A new eighth indent is therefore added in the third\
  \ paragraph to maintain their status.\nWe would also point out that there has been\
  \ a tendency recently, which has been widely reported in the media, to reduce the\
  \ burden on landlords, i.e. to abolish the obligation to pay, or even to reduce,\
  \ the contributions for special insurance cases (Article 20 of the Social Insurance\
  \ Act-2) for this category of landlords, who carry out the activity only occasionally\
  \ as natural persons, which the Ministry of Social Affairs and Social Security has\
  \ not been in favour of.\nIn the light of the various proposals to change the regime\
  \ (abolition of insurance or payment of lower contributions; full coverage of room-keepers),\
  \ we note that, in the event of a possible reform of the pension system, special\
  \ attention will also have to be paid to this area, with appropriate analyses being\
  \ carried out, and reasons being sought for maintaining the current regime or changing\
  \ it. In any event, it will also be necessary in future to justify any deviation\
  \ in the treatment of landlords compared with other individuals engaged in the occupation\
  \ with valid arguments justifying such a deviation, or to find reasons why it would\
  \ make sense to regulate this area in the same way as other areas of the occupation\
  \ are regulated. The temporary nature or limited scope of the work of these landlords\
  \ (for a maximum of 5 months per year) is certainly a reason for regulating this\
  \ category of insured persons differently, also from the point of view of pension\
  \ and invalidity insurance, but on the other hand there are also reasons why it\
  \ might make sense to bring all individuals engaged in the activity into the same\
  \ category of persons.\nWe would also like to point out the tendency, both in the\
  \ public domain and in the White Paper on pensions, to establish the principle of\
  \ 'every job counts' in full, and to unify the bases of insurance and the bases\
  \ of insurance, where greater emphasis might be placed on the actual total amount\
  \ of an individual's benefit, rather than on the basis on which the individual received\
  \ that benefit, in the case of insurance.\nIn any case, future changes to the pension\
  \ system will have to be made prudently and in a way that is as fair as possible\
  \ for all generations, while preserving the basic principles of social insurance\
  \ and with a broad social consensus that will also build greater confidence of the\
  \ insured in the pension and invalidity insurance system itself.\n "
response date: 2017-10-02
response due date: null
sent date: 2016-04-02
title: Landlords should pay full pension and invalidity contributions
upvotes: 11
url: https://predlagam.vladi.si/predlog/7452
