Text file: 9553.txt
author: dronyx
downvotes: 5
end consideration date: 2018-11-28
id: '9553'
number comments: 5
number views: 1080
proposal type: Competent authority response
response: "Response from the Ministry of Public Administration\nBy way of introduction,\
  \ the Ministry explains that it is responsible for regulating the working time of\
  \ public administration bodies. The Government of the Republic of Slovenia has adopted\
  \ the Regulation on Working Hours in State Administration Bodies on the basis of\
  \ Article 5(5) of the Act on the Government of the Republic of Slovenia.\nArticle\
  \ 20 of the Regulation stipulates that civil servants shall record their arrival\
  \ at and departure from work and their absence during working hours by means of\
  \ a time clock or entries in a record book. The Authority shall keep a register\
  \ of attendance and absenteeism. In the light of the above, the obligation to record\
  \ attendance at work for civil servants in the civil service is already regulated\
  \ by law.\n \nResponse from the Ministry of Labour, Family, Social Affairs and Equal\
  \ Opportunities\nBy way of introduction, we would like to point out that employers\
  \ are obliged to keep records of working time on the basis of Article 12 of the\
  \ Law on Labour and Social Security Records (hereinafter: ZEPDSV). Pursuant to Article\
  \ 18 of the ZEPDSV, the employer is obliged to enter the following information in\
  \ the records of working time for each employee on a daily basis:\n 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, the\
  \ hours not worked for which the employer receives wage compensation, with an indication\
  \ of the type of compensation, the hours not worked, hours 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 compulsory supplementary pension insurance is compulsory,\
  \ with an indication of the type of status. \nHaving said this, it should be made\
  \ clear that records on the use of working time are very important in terms of the\
  \ proper enforcement of labour law rights in the areas of working time, breaks and\
  \ rest periods, with particular relevance to health and safety at work, and for\
  \ the purposes of payroll.\nThe working time record is also important as a document\
  \ to be produced at the request of the competent authority, e.g., inter alia, in\
  \ cases of monitoring the implementation of labour law legislation on working time,\
  \ breaks and rest periods, and as a document to ensure that workers are able to\
  \ make proper use of their rights and that employers are able to demonstrate compliance\
  \ with the legislation.\nWith regard to the proposal made, it should be pointed\
  \ out that amendments and additions to the EWTPA are being prepared. These follow\
  \ an initiative for amendments by the Labour Inspectorate of the Republic of Slovenia\
  \ in order to control more effectively the provisions governing working time, breaks\
  \ and rest periods. In addition, the amendments and additions to this law are part\
  \ of the agreement reached on 19 April 2019 by the social partners within the Economic\
  \ and Social Council, which established a Negotiating Group for the preparation\
  \ of amendments to the legislation on the keeping of working time records.\nThe\
  \ Ministry of Labour, Family, Social Affairs and Equal Opportunities has already\
  \ presented to the social partners the starting points for the preparation of the\
  \ legislative amendments to the EWRTPA. These starting points will be the basis\
  \ for further discussion and the formulation of concrete solutions within the Negotiating\
  \ Group for the preparation of amendments to the legislation on working time records."
response date: 2019-12-16
response due date: null
sent date: 2018-11-07
title: Compulsory use of time and attendance recorders in the public sector
upvotes: 17
url: https://predlagam.vladi.si/predlog/9553
