Text file: 9996.txt
author: jaka13
downvotes: 3
end consideration date: 2019-04-24
id: '9996'
number comments: 14
number views: 1471
proposal type: Competent authority response
response: 'Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities


  The essential feature of this form of employment is that the worker performs the
  work in his/her own home or in premises of his/her choice, which are outside the
  employer''s premises. Teleworking, which the worker performs using information technology,
  is also considered to be home-based work. Homeworking shall be subject to the appropriate
  agreement of the employer and the worker, expressed by the conclusion of a specific
  contract of employment for homeworking. The Employment Relations Act (hereinafter
  referred to as ''the Employment Relations Act'') (hereinafter referred to as ''the
  Employment Act'') provides that the employment contract between the employer and
  the employee shall regulate the rights, obligations and conditions which depend
  on the nature of the homeworking. It is expressly provided that the worker is entitled
  to compensation for the use of his/her resources in homeworking, the amount of which
  is determined in the employment contract.The employer is obliged to ensure safe
  conditions for homeworking. The employer is obliged to inform the labour inspectorate
  of the intended organisation of homeworking before the worker starts work. The labour
  inspector shall prohibit the employer from organising or carrying out homeworking
  if the homeworking is harmful or if there is a risk of it becoming harmful to the
  homeworkers or to the living and working environment in which the work is carried
  out and in cases where the work is work that may not be carried out as homeworking,
  as provided for by law or other regulation.A worker who carries out work at his
  home or at premises of his own choice in agreement with the employer shall have
  the same rights as a worker who works at the employer''s premises, including the
  right to participate in management and to organise a trade union. In 2007, an analysis
  of the legal regulation of flexible forms of employment in the light of the European
  social model of flexicurity was carried out, which showed that there are no major
  problems with the current legal regulation of home-based work carried out on the
  basis of a concluded employment contract, but that there is very little of this
  form of work in the context of a formal employment relationship. It was suggested
  that it would be appropriate to provide for more flexible possibilities for temporary
  homeworking or for combining "traditional" work on the employer''s premises with
  homeworking. In view of the above, when the law (ZDR-1) was amended in the context
  of the systemic amendment of the law (ZDR-1), in order to clarify the regulation
  and to motivate a wider range of possibilities to combine homeworking with the use
  of IT, the possibility was explicitly provided for in the employment contract between
  the employer and the employee to agree that the employee will perform homeworking
  only for part of the employer''s working time (for a particular day of the week
  or for a few hours).In the light of the above, we conclude that the provisions of
  the ZDR-1 governing the possibility of homeworking are appropriate and in line with
  international instruments. We agree that further activity is needed to "promote"
  or "popularise" this type of relationship in order to increase the use of this institute
  in practice, including possible subsidies, which of course depends on the financial
  possibilities.Response from the Ministry of Public Administration


  In the light of the provisions of the Employment Relations Act, each authority may
  adopt a general act regulating homeworking in more detail. The decision on homeworking
  is normally taken by the employer or the head of the employer, taking into account
  the type and nature of the activity and the needs of the work process and the provision
  of services to the users. The decision to conclude an employment contract for homeworking
  must therefore, as already mentioned, take into account the nature of the activity
  and the possibilities of homeworking, and the scope of homeworking is a matter for
  the heads of the administration, given the nature of the administrative services
  and the competences of the various bodies of the public administration.We would
  also like to clarify that in April 2019, the Ministry of Public Administration carried
  out an analysis of the homeworking arrangements in the civil service, which, inter
  alia, showed that 122 civil servants in the civil service (ministries and government
  departments) currently have a contract of employment for homeworking.'
response date: 2019-05-24
response due date: null
sent date: 2019-04-02
title: work from home
upvotes: 38
url: https://predlagam.vladi.si/predlog/9996
