Text file: 7966.txt
author: toxico
downvotes: 0
end consideration date: 2017-01-05
id: '7966'
number comments: 2
number views: 3131
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities\n\
  In order to have a preventive and deterrent effect, the new Labour Relations Act\
  \ (Official Journal of the Republic of Slovenia, No 21/13, 78/13 - corrected, 47/15\
  \ - ZZSDT, 33/16 - PZ-F and 52/16; hereinafter referred to as: ZDR-1) redefined\
  \ and repositioned certain offence provisions. The Act thus placed certain offences\
  \ under the most severely sanctioned provision (e.g. The Act also redefined certain\
  \ offences as misdemeanours (harassment and ill-treatment, adoption of a general\
  \ act, notification of measures taken to ensure dignity at the workplace, specificities\
  \ in disciplinary proceedings, ensuring the absence of an employee for the performance\
  \ of an official function or other obligation under the law, the employer's obligations\
  \ towards the trade union, the return of a posted employee to the Republic of Slovenia,\
  \ failure to provide funds for work, etc.).Among the provisions which are now most\
  \ severely sanctioned is the offence of failure by an employer to pay wages or to\
  \ issue a written statement of account to an employee in accordance with Articles\
  \ 134 and 135 of the ZDR-1, which carries a fine for the employer of between EUR\
  \ 3 000 and EUR 20 000. In the previous law, such an offence was punishable by a\
  \ fine of between EUR 750 and EUR 2 000.\nWith regard to the infringement of the\
  \ provisions relating to the ordering of overtime, we consider that the penalty\
  \ for the offence is proportionate to the gravity of the infringement, and we would\
  \ also like to clarify that, pursuant to the second paragraph of Article 135(2)\
  \ of the Labour Code, the penalty for the offence is proportionate to the gravity\
  \ of the infringement. Article 135(1) of the ZDR-1, the employer is obliged to issue\
  \ to the employee, by the end of the payday, a written statement showing details\
  \ of the wage, wage compensation, reimbursement of work-related expenses and other\
  \ benefits to which the employee is entitled under the law, the collective agreement,\
  \ the employer's general act or the employment contract, the calculation and payment\
  \ of taxes and contributions, and the payday. The written statement shall also show\
  \ the details of the worker and the employer.\nAlso important is the newly introduced\
  \ provision that the inspectorate, as the offending authority, may impose a fine\
  \ of any amount within the prescribed range.\nThe sanctions imposed must be sufficient\
  \ to have a deterrent effect as well as a direct punitive effect. In this respect,\
  \ it is necessary to ensure that the sanctions are proportionate to the material\
  \ benefit to be obtained and, in view of the above amendments, we consider that\
  \ the law follows these principles and that the proposal is therefore not suitable\
  \ for further consideration.\n "
response date: 2017-02-07
response due date: null
sent date: 2016-12-07
title: Increased penalties for employers
upvotes: 17
url: https://predlagam.vladi.si/predlog/7966
