Text file: 8289.txt
author: Ana Sols
downvotes: 0
end consideration date: 2017-06-09
id: '8289'
number comments: 0
number views: 2912
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities\n\
  In cases of occasional or temporary work by pupils and students, the provisions\
  \ of the Labour Relations Act (Official Journal of the Republic of Slovenia, No\
  \ 21/13, 78/13 - corrected, 47/15 - ZZSDT, 33/16 - PZ-F, 52/16 and 15/17 - Decree\
  \ of the European Parliament and of the Council of 15 November 2007, hereinafter\
  \ referred to as 'ZDR-1') on the prohibition of discrimination, equal treatment\
  \ according to gender, working hours, breaks and rest periods, special protection\
  \ for workers under 18 years of age and liability for damages are applicable.\n\
  Under the Act on Labour and Social Security Records (Official Gazette of the Republic\
  \ of Slovenia, No 40/06; hereinafter ZEPDSV), employers are also required to keep\
  \ records (including working time records) in respect of the worker, who is also\
  \ considered, for the purposes of the ZEPDSV, to be a person who performs work for\
  \ the employer or carries out a self-employed professional, agricultural or other\
  \ activity on any other legal basis, and a person who performs work for the employer\
  \ for the purpose of training.\nThe Labour Inspectorate of the Republic of Slovenia\
  \ is an inspection body with powers and competences defined by the Labour Inspection\
  \ Act (Official Gazette of the Republic of Slovenia, No 19/14, in the following:\
  \ ZlD-1). Pursuant to Article 2 of the LIA-1, the Inspectorate carries out inspection\
  \ tasks to monitor the implementation of laws, regulations, collective agreements\
  \ and general acts in the following areas, unless otherwise provided by law:\noccupational\
  \ safety and health,\nlabour relations, minimum wages, labour market and employment,\
  \ labour and employment of foreigners, workers' participation in management and\
  \ strikes.\nThe Inspectorate also inspects the implementation of other laws and\
  \ regulations, where these so provide.\nThe powers and measures of the Labour Inspectorate\
  \ are therefore laid down in the Labour Inspection Act (LIA-1), while the Inspection\
  \ Control Act (Official Gazette of the Republic of Slovenia, No 43/07 and 40/14,\
  \ in the following: ZIN) and the General Administrative Procedure Act (Official\
  \ Gazette of the Republic of Slovenia, No 24/06, 3 sp. z o.p.) are also applicable\
  \ in the alternative for issues not laid down in the LIA-1, and the substantive\
  \ regulations then determine the scope of the body's work.\nIn this context, we\
  \ would like to clarify that the ZDR-1 expressly prohibits the performance of work\
  \ on the basis of civil law contracts where the elements of an employment relationship\
  \ exist, unless provided for by law (Art. 13 ZDR-1). The ZDR-1 also provides for\
  \ legal consequences - insofar as the elements of an employment relationship exist\
  \ in a particular relationship, in the event of a dispute as to the existence of\
  \ an employment relationship, it shall be presumed that an employment relationship\
  \ exists, with all rights and obligations, even if no written employment contract\
  \ has been concluded between the parties (18. The worker has the possibility to\
  \ assert the existence of an employment relationship in a court dispute and to claim\
  \ recognition of the rights arising therefrom, and the Labour Inspectorate of the\
  \ Republic of Slovenia has the power to prohibit the work until the irregularities\
  \ have been corrected and to impose a fine in an offence proceeding.\nWith all of\
  \ the above, the subject matter of the proposal is already regulated by law and\
  \ supervision of temporary work of students is already in place, therefore we consider\
  \ that \"Proposal 8289-143: Legalized cooperation of the Labour Inspectorate with\
  \ the Labour Inspectorate\" is not suitable for further consideration.\n "
response date: 2017-07-19
response due date: null
sent date: 2017-05-11
title: Legitimised cooperation between labour inspectorates and the ES
upvotes: 20
url: https://predlagam.vladi.si/predlog/8289
