Area: Delovno pravno
Competent authority: MDDSZ, ZRSZ
EZU URL: .nan
Initiative ID: 1067
Initiative accepted and completed: '2020-10-21'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2020-09-24'
Initiative published: '2020-09-24'
Initiative submitted: '2020-09-24'
Response from the competent authority: "Reply from the Ministry of Labour, Family,\
  \ Social Affairs and Equal Opportunities:Regarding the request for a declaration\
  \ of the absence of interruption of temporary waiting for work by the Employment\
  \ Service of the Republic of Slovenia (hereinafter: the Employment Service (hereinafter:\
  \ the Employment Service) requires from employers in the procedures for deciding\
  \ on partial reimbursement of wage compensation under the provisions of the Act\
  \ on Intervention Measures to Prepare for the Second Wave COVID-19 (ZIUPDV), the\
  \ Ministry of Labour, Family, Social Affairs and Equal Opportunities (hereinafter:\
  \ the Ministry) considers that such a requirement is justified in cases where workers\
  \ are posted to temporarily wait for work of an older date. Pursuant to Article\
  \ 8(3) of the IWLSPA, the employer is required to attach to the application evidence\
  \ of the posting of workers on temporary standby duty due to a temporary inability\
  \ to provide work for a business reason. As the Institute does not keep records\
  \ of any call-backs or interruptions of the temporary waiting period, an employer\
  \ who has submitted a new application under the provisions of the IUUPDV Act must\
  \ (re)prove to the Institute the existence of that circumstance on the basis of\
  \ that provision.\r\nWith regard to the submission of new applications for the extension\
  \ of the above measure for the months of August and September 2020, the Ministry\
  \ further explains that, pursuant to Article 8(1) of the IWAPL, an employer shall\
  \ exercise the right to a partial reimbursement of wage compensation paid under\
  \ this Act by submitting an application in electronic form to the Employment Service\
  \ of the Republic of Slovenia within eight days from the date on which the employee\
  \ was posted to temporary waiting for work, but no later than 31 December 2020.\
  \ The above eight-day period shall constitute the statutory time limit, the delay\
  \ of which shall result in a preclusion, i.e., This is also the case in the two\
  \ cases of the extension of the measure in August and September.Reply from the Employment\
  \ Service of the Republic of Slovenia:The Employment Service of the Republic of\
  \ Slovenia (hereinafter: the Employment Service) is the implementer of the temporary\
  \ waiting for work measure and decides on applications from employers under the\
  \ Act on Intervention Measures to Prepare for the Second Wave of COVID-19 (ZIUPDV).\
  \ The ZIUPDV was published in the Official Gazette of the Republic of Slovenia (Official\
  \ Gazette of the Republic of Slovenia) in June 2010. The temporary measure of reimbursement\
  \ of wage compensation to workers on temporary standby is regulated in Articles\
  \ 2 to 12. Article 3(1) of the ZIUPDV limits the posting of an individual worker\
  \ on temporary standby to no longer than 31 July 2020, while Article 3(2) allows\
  \ the Government of the Republic of Slovenia to extend the temporary standby measure\
  \ up to two times for a maximum period of one month, but no longer than until 30\
  \ September. The Government of the Republic of Slovenia extended the measure of\
  \ partial reimbursement of wage compensation to workers on temporary standby until\
  \ 31 August 2020 by the Decision on the extension of the measure of partial reimbursement\
  \ of wage compensation to workers on temporary standby (Official Gazette of the\
  \ RS, No 104/2020) and again until 30 September 2020 by the Decision on the extension\
  \ of the measure of partial reimbursement of wage compensation to workers on temporary\
  \ standby (Official Gazette of the RS, No 115/2020). Article 8(8) sets out the procedure\
  \ and method for claiming reimbursement of wage compensation and provides in paragraph\
  \ 1 that the employer shall claim the right to reimbursement of wages paid by submitting\
  \ an application in electronic form to the Institute within eight days of the worker's\
  \ posting on temporary standby, but no later than 31 July 2020 or, in the case of\
  \ the extension referred to in the second paragraph of Article 3(3), by 31 July\
  \ 2020. According to the legal provisions of the ZIUPDV, the Institute could only\
  \ allow applications to be submitted for the period and within the time limits set\
  \ by law and by the Government Decision of the Republic of Slovenia.The obligation\
  \ for the employer to notify the Institute in advance that the worker has been called\
  \ back to work was already regulated by the Act on Intervention Measures to Curb\
  \ the COVID-19 Epidemic and Mitigate its Consequences for Citizens and the Economy\
  \ (ZIUZEOP). The temporary measures under the ZIUZEOP were in force from 13 March\
  \ 2020 to 31 May 2020. The ZIUZEOP provided that during the period of temporary\
  \ waiting for work, the worker had the obligation to return to work at the request\
  \ of the employer for up to seven consecutive days in the current month and the\
  \ obligation of the employer to inform the Social Insurance Institution in advance\
  \ of such return to work. In the case of a return to work exceeding seven consecutive\
  \ days in the current month, the employer had to submit a new application within\
  \ the statutory time limit of eight days from the date of the worker's reassignment\
  \ to temporary waiting, but no later than 31 May 2020.The obligation for the employer\
  \ to notify the Institute in advance of the worker's return to work was also regulated\
  \ in the Act on Intervention Measures for the Mitigation and Eradication of the\
  \ Consequences of the Epidemic of COVID-19 (the CIUOOPE Act). The temporary measure\
  \ on the reimbursement of wage compensation to workers on temporary standby was\
  \ in force from 1 June to 30 June 2020. The ZIUOOPE provided that during the temporary\
  \ standby period, the worker was obliged to return to work at the employer's request\
  \ within seven working days in the current month and the employer was obliged to\
  \ inform the Employment Insurance Institute in advance. In the case of a return\
  \ to work exceeding seven working days in the current month, the employer had to\
  \ submit a new application within the statutory time limit of eight days from the\
  \ date on which the worker was temporarily placed back on standby, but no later\
  \ than 30 June 2020.In all the previous intervention laws, there is the possibility\
  \ of a call to work, both under the IUOPE for up to seven consecutive days in the\
  \ current month and under the IUOPE and IUOPDV for up to seven working days in the\
  \ current month, of which the employer must notify the Employment Service, and a\
  \ call to work for a period longer than that provided for in the intervention laws\
  \ results in the suspension of the waiting period and the filing of a new application\
  \ with a new order. In the procedures for deciding on the right to partial reimbursement\
  \ of wage subsidies to workers on temporary standby, the Institute made a factual\
  \ assessment and, as it does not keep a specific record of these notifications of\
  \ call-backs, it asked the applicants who had attached standby orders with earlier\
  \ dates to explain or to declare that they had not interrupted their standby."
Text file: 1067.txt
Title: ZIUPDV
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1067
