Text file: 8186.txt
author: bombon
downvotes: 4
end consideration date: 2017-03-31
id: '8186'
number comments: 12
number views: 5704
proposal type: Competent authority response
response: "Response from the Ministry of Public Administration\nWe would like to clarify\
  \ at the outset that the Ministry of Public Administration can give opinions and\
  \ clarifications of a systemic nature in relation to those legal provisions or provisions\
  \ of executive regulations that fall within the Ministry's sphere of activity, such\
  \ as the Civil Servants Act (Official Journal of the Republic of Slovenia No. 63/07\
  \ - Official Consolidated Text, 65/08, 69/08-ZTFI-A, 69/08-ZZavar-E, 74/09 Decree\
  \ of the US: U-I-136/07-13 and 40/12-ZUJF, hereinafter referred to as the \"ZJU\"\
  ). In the light of the foregoing, we submit the following reply:\nAccording to Article\
  \ 1 of the ZJU, the public sector includes all state bodies and administrations\
  \ of self-governing local communities, public agencies, public funds, public institutions,\
  \ public economic institutions and other public law entities, if they are indirect\
  \ users of the state budget or the budget of a local community. As regards the legal\
  \ bases governing the employment relationships of public servants in the public\
  \ sector, two systemic laws in particular should be taken into account, namely the\
  \ abovementioned ZJU, which governs employment relationships in State bodies and\
  \ local government administrations, and the 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'), which governs employment\
  \ relationships in other public sector entities. Pursuant to Article 22(1) of the\
  \ ZJU, the second part of that Act applies only to civil servants in State bodies\
  \ and local authority administrations, whereas, pursuant to Article 5 of the ZJU,\
  \ the ZDR-1 applies to the employment relationships of civil servants and to rights\
  \ and obligations arising out of the employment relationship in respect of all matters\
  \ not otherwise regulated by the ZJU or by another special law.\nIn the light of\
  \ the above, it should therefore be noted that the ZJU applies to civil servants\
  \ of public agencies, public funds, public institutions, public economic institutions\
  \ and other public law bodies, if they are indirect users of the State budget or\
  \ the budget of a local community, only up to Article 21, otherwise the ZDR-1, which\
  \ falls within the competence of the Ministry of Labour, Family and Social Affairs,\
  \ applies. Furthermore, it should be borne in mind that both state bodies and municipalities,\
  \ as well as other public sector entities (public institutions, public agencies,\
  \ public funds), are subject to sectoral laws which also regulate the employment\
  \ relationships of public servants. The line ministries are responsible for interpreting\
  \ these.\nWe would like to further clarify that the fundamental obligation of every\
  \ public servant in state bodies and local authorities is to perform his/her work,\
  \ which must be carried out in accordance with the regulations, the collective agreement,\
  \ the employment contract, the general acts of the body and the code of ethics for\
  \ public servants, which is laid down in Article 93 of the Civil Service Code. In\
  \ accordance with the Civil Service Code, the head of the body, who is also responsible\
  \ for the organisation of the working process in the body which he/she heads, decides\
  \ on the public servant's rights and obligations arising from the employment relationship.\n\
  According to the ZJU, the head of the body exercises the rights and duties of the\
  \ employer, the employer being the Republic of Slovenia in the case of a state body\
  \ and the local community in the case of a local community administration. This\
  \ means that the head is responsible for managing the work of the body in accordance\
  \ with the regulations and for deciding on the rights and obligations arising from\
  \ the employment relationship of civil servants, and that the head is also the person\
  \ who identifies possible infringements and takes appropriate action against the\
  \ offenders.\nIn state bodies and local authorities, the Act on Labour and Social\
  \ Security Records (Official Gazette of the Republic of Slovenia, No 40/06, hereinafter\
  \ referred to as ZEPDSV) requires the employer to keep a record of the use of working\
  \ time of employees. Article 18 of ZEPDSV provides that the employer shall enter\
  \ the following information in the record of the use of working time for each employee\
  \ on a daily basis:\n information on the number of hours, the total number of full-time\
  \ and part-time hours worked, with an indication of the type of hours worked, hours\
  \ worked during overtime, hours not worked for which wage compensation from the\
  \ employer's resources is received, with an indication of the type of compensation,\
  \ hours not worked, for which wage compensation is paid to other organisations or\
  \ employers and bodies, with an indication of the type of compensation, hours not\
  \ worked for which no wage compensation is paid, hours worked in the workplace for\
  \ which the insurance period is counted with an increase, or for which supplementary\
  \ pension insurance is compulsory, with an indication of the type of status. \n\
  The employer must keep the record as a document of permanent value and produce it\
  \ at the request of the competent authority, as required by Article 19(2) of the\
  \ EIOPA.\nIt is the duty of all civil servants, including those in post, to keep\
  \ records of their working time or the performance of their duties. The records\
  \ on the use of working time are the basis for the calculation of salaries and salary\
  \ allowances, reimbursement of expenses for meals during work, for transport to\
  \ and from work and for the payment of allowances for special working conditions\
  \ (e.g. overtime, night work, work on Sundays, public holidays and public holidays\
  \ as provided for by law). We would like to clarify in particular the regulation\
  \ of the recording of working time in the public administration bodies (i.e. the\
  \ State administration bodies). This is clarified by Article 20 of the Regulation\
  \ on Working Time in Bodies of the State Administration (Official Journal of the\
  \ RS, No 115/07, 122/07 - corrected and 28/16), where working time may be recorded\
  \ by means of a record hour or by means of entries in a record book. The choice\
  \ of the method of keeping the records is the responsibility of the head of the\
  \ institution, but the records must show the number of hours worked, as provided\
  \ for in Article 18 of the ZEPDSV. This information may be recorded either as the\
  \ arrival and departure of the civil servant at the workplace, as the total daily\
  \ attendance at the workplace, or in any other appropriate manner.\nThe rules on\
  \ recording and monitoring are further regulated by the general acts of the public\
  \ administration bodies, which specify the permitted ways of entering and leaving\
  \ the bodies' premises and the correct way of recording the arrivals and departures\
  \ of employees in this context. It also defines the persons responsible for supervising\
  \ the exits of civil servants and for taking action in the event of any infringement.\n\
  In view of the above, we consider that the current arrangements in place in national\
  \ and local authorities are adequate and the Ministry of Public Administration supports\
  \ the electronic recording of attendance at the workplace. However, as proposal\
  \ No 8186-103 relates to the electronic recording of attendance at the workplace\
  \ more broadly, i.e. in the whole public sector, we suggest that you also forward\
  \ the above proposal to the competent Ministry of Labour, Family and Social Affairs\
  \ for consideration and response.\n Response from the Ministry of Labour, Family,\
  \ Social Affairs and Equal Opportunities\nThe Law on Labour and Social Security\
  \ Records (Official Gazette of the Republic of Slovenia, No 40/06, hereinafter:\
  \ ZEPDSV) defines the types and content of labour and social security records. Article\
  \ 12 stipulates that employers are obliged to keep records on employees, records\
  \ on labour costs, records on the use of working time and records on the forms of\
  \ resolution of collective labour disputes by the employer.\nUnder Article 19 of\
  \ the EAPTWL, the employer is obliged to keep a record of the use of working time\
  \ for each worker for the entire period of employment. Pursuant to Article 18 of\
  \ the EYWTL, the employer must enter in the working time record the following information\
  \ on a daily basis: the number of hours worked, the total number of full-time and\
  \ part-time hours worked, with an indication of the type of hours worked, the hours\
  \ worked during overtime, etc. The employer must keep the records as a document\
  \ of permanent value and produce them at the request of the competent authority,\
  \ as required by Article 19(2) of the EAPSDV Act.\nThe records on the use of working\
  \ time are the basis for the calculation of wages and wage subsidies, reimbursement\
  \ of work-related expenses, payment of allowances for work in special working conditions\
  \ resulting from the allocation of working time. The working time record plays an\
  \ important role in ensuring the provision of breaks and rest periods, in recording\
  \ the number of hours worked in excess of full-time working time, in monitoring\
  \ the balance of hours required in the context of unequal distribution of working\
  \ time and in the temporary redeployment of full-time working time. The keeping\
  \ of records on the use of working time also allows for appropriate monitoring of\
  \ the individual institutes of working time by the inspecting authority.\nIt may\
  \ be noted that the ZEPDSV does not specify the manner or methodology of keeping\
  \ records and leaves this issue to the individual employer. In view of the above,\
  \ the choice of the method of keeping records on the use of working time is the\
  \ domain of the individual employer, unless it is subject to a specific regulation\
  \ (e.g. the Regulation on Working Time in State Administration Bodies, Official\
  \ Journal of the Republic of Slovenia, No. 115/07, 122/07 - corrected and 28/16).\n\
  As the method of record-keeping is not prescribed by law, the employer may, at its\
  \ discretion, adapt the method of record-keeping to the number of employees, the\
  \ organisation of the work process and working time, etc. The employer may regulate\
  \ the method of record-keeping or the method of recording the arrival and departure\
  \ of an employee by a general act of an organisational nature. The manner of adopting\
  \ such a general act is regulated by the Labour Relations Act (Official Journal\
  \ of the RS, No 21/13, 78/13 - corrected, 47/15 - ZZSDT, 33/16 - PZ-F 52/16 and\
  \ 15/17 - Decree of the US; hereinafter: ZDR-1) in Article 10.\nIn this respect,\
  \ it should be added that the organisation of the work process is the responsibility\
  \ of the employer, and both the employer and the employee must comply with the rights\
  \ and obligations as agreed in the employment contract or as laid down by law or\
  \ collective agreement. Having said that, it should be pointed out that the employer\
  \ is responsible for monitoring the work process, which means that it is competent\
  \ to monitor the fulfilment of the worker's work obligations.\nIn view of the above,\
  \ we do not consider that there is a need to amend the EWTPA to make the electronic\
  \ recording of attendance at work compulsory for all employers. However, a solution\
  \ that would impose the proposed obligation under the EIOPA only on workers in public\
  \ sector employers would not be systemic. However, as already explained, the employer\
  \ may determine the manner in which workers' attendance is to be recorded by means\
  \ of a general act.\n "
response date: 2017-05-15
response due date: null
sent date: 2017-03-02
title: Recording attendance at work in the public sector
upvotes: 11
url: https://predlagam.vladi.si/predlog/8186
