Text file: 7505.txt
author: bombon
downvotes: 7
end consideration date: 2016-06-07
id: '7505'
number comments: 19
number views: 3777
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities\n\
  The area of public holidays and public holidays is regulated by the Act on Public\
  \ Holidays and Public Holidays in the Republic of Slovenia (Official Gazette of\
  \ the Republic of Slovenia No. 112/05-UPB1, 52/10, 40/2012-ZUJF and 19/15; hereinafter\
  \ referred to as ZPDPD). The regulation of public holidays falls within the area\
  \ of state regulation in the Republic of Slovenia, which also includes general state\
  \ acts, symbols and public holidays. The definitions of public holidays and public\
  \ holidays are also linked to the solutions in the labour legislation, which entitle\
  \ workers to be absent from work on public holidays and public holidays, with the\
  \ right to wage compensation or to special valuation of work, if workers are obliged\
  \ to work on that day due to the continuous nature of their work or production process\
  \ or the specific nature of their work.\nAlready when the PWDPA was drawn up in\
  \ 1991, there were many dilemmas and a wide variety of views on the days that should\
  \ be properly observed in our country. In drafting the law, the draftsman has considered\
  \ all the views and suggestions submitted and has also taken into account the results\
  \ of an opinion poll which was conducted precisely for the reason of establishing\
  \ by law public holidays which have a general meaning or significance for all or\
  \ most citizens. The regulation of public holidays and public holidays in the Republic\
  \ of Slovenia must certainly correspond to the actual attitudes of our citizens\
  \ regarding the importance of certain dates, which should be given a special commemoration.\n\
  Taking into account all the views, suggestions and the results of the opinion poll,\
  \ the current regulation was adopted, according to which the LFPRD provides for\
  \ six public holidays in addition to public holidays which have a religious significance.\
  \ Taking into account the structure of holidays across European countries, it can\
  \ also be noted that in most of the countries compared, the majority of holidays\
  \ are religious, including Easter and Pentecost Sunday, and in addition to New Year's\
  \ Day and Labour Day, the observance of holidays is also linked to the nationality\
  \ of the country.\nIn fact, since the adoption of the PPSL, several amendments to\
  \ the law have been proposed, three of which were implemented in amendments and\
  \ additions to the law in 2005, 2010 and 2015, and a few of which were not adopted\
  \ by the National Assembly for consideration. The amendments concerned changes or\
  \ additional commemorations of certain events related to the history of the nation\
  \ and the country. The ZUJF also interfered with the regulation of public holidays\
  \ by shortening the celebration of the New Year to one day.\nAs already mentioned,\
  \ workers have the right to be absent from work on a statutory public holiday, with\
  \ the right to wage compensation or to special valuation of work if the work or\
  \ production process is continuous or the nature of the work requires work to be\
  \ carried out also on a public holiday. If a worker is required to work on a public\
  \ holiday or public holiday in accordance with his/her scheduled work commitment,\
  \ he/she shall be entitled to remuneration for work on that day and to an allowance\
  \ for work on the public holiday or public holiday, the amount of which shall be\
  \ determined by a collective agreement at the level of the industry. Pursuant to\
  \ Article 128 of the Labour Relations Act (Official Gazette of the RS, No 21/13\
  \ and 78/13-amended and 47/15 - ZZSDT, hereinafter referred to as 'ZDR-1'), an employee\
  \ is entitled to allowances for work in special working conditions resulting from\
  \ the allocation of working time, namely night work, overtime, Sunday work and work\
  \ on public holidays and public holidays, as provided for by law. The allowances\
  \ shall not be mutually exclusive, with the exception of the Sunday work allowance\
  \ and the statutory public holidays allowance. If a worker works on a Sunday and\
  \ that Sunday is also a public holiday under the law governing public holidays and\
  \ public holidays in the Republic of Slovenia, the worker shall receive only one\
  \ allowance, whichever is the higher.\nThe possible abolition of Easter and Pentecost\
  \ Sundays as statutory public holidays would therefore also mean the abolition of\
  \ the special allowance for work on a statutory public holiday for all workers who\
  \ also work on Sundays, adding, the Sunday and statutory public holiday allowance\
  \ are often defined in different amounts in the collective agreements of the industry,\
  \ with the statutory public holiday allowance most often being defined at a higher\
  \ amount.\nTaking all the above into account, we consider that the regulation of\
  \ public holidays and public holidays in the Republic of Slovenia is adequate and\
  \ comparable to the regulation in other European countries, and therefore we do\
  \ not consider that there are any valid arguments for amending the law in the sense\
  \ of the proposal outlined.\n "
response date: 2016-07-12
response due date: null
sent date: 2016-05-09
title: Easter and Pentecost Sundays to be abolished as public holidays
upvotes: 20
url: https://predlagam.vladi.si/predlog/7505
