Area: Delovno pravno
Competent authority: .nan
EZU URL: .nan
Initiative ID: 37
Initiative accepted and completed: '2012-07-09'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2012-05-21'
Initiative published: '2012-05-21'
Initiative submitted: '2012-05-21'
Response from the competent authority: "With reference to the petition No 37 of 21\
  \ May 2012 for administrative relief or simplification of procedures, the Ministry\
  \ of Justice and Public Administration, Directorate for the Public Sector, in its\
  \ area of work, submits the following reply to the petition:1. under the first indent,\
  \ concerning the variable component of the salaries of civil servants, and\r\n2.\
  \ under the second indent, which concerns senior management:\r\nPursuant to Article\
  \ 21 of the Act on the Public Sector Salary System (Official Gazette of the Republic\
  \ of Slovenia, No 56/2002 et seq., hereinafter referred to as the PSSA), public\
  \ servants may be entitled to regular merit, merit on the basis of an increased\
  \ volume of work and merit on the basis of the sale of goods and services on the\
  \ market.Part of the salary for regular merit shall be attributed to a public servant\
  \ who, in performing his/her regular duties, has, during the period for which the\
  \ salary is payable, achieved above-average results (Article 22a(1) of the PSSA).\
  \ The basis for calculating the regular merit of a public servant is his basic salary\
  \ for the period of his regular service during the appraisal period (Article 28(3)\
  \ of the Collective Agreement for the Public Sector (Official Gazette of the RS,\
  \ No 57/08)).Regular merit is linked to the presence of the public servant, and\
  \ this part of the salary may amount annually to a maximum of two basic monthly\
  \ salaries of the public servant, which he/she was entitled to for December of the\
  \ previous year.Pursuant to Article 6 of the Intervention Measures Act (Official\
  \ Journal of the Republic of Slovenia, No 94/10; hereinafter referred to as the\
  \ \"IMA\"), public servants and officials are not entitled to a part of the salary\
  \ for regular merit for 2011 and 2012. The same regime, according to which public\
  \ servants and officials are not entitled to a part of their salary for regular\
  \ merit, will also apply in 2013, on the basis of Article 160 of the Act on Balancing\
  \ Public Finances (Official Journal of the RS, No 40/12; hereinafter referred to\
  \ as the ZUJF).Pursuant to Article 22e(1) of the ZSPJS, public servants are also\
  \ entitled to merit pay on the basis of an increased volume of work for the work\
  \ performed in excess of the expected results of the work in a given month. The\
  \ written decision on the increased workload and the payment of performance-related\
  \ merit shall be taken by the head or director of the budget user for the month\
  \ concerned on the basis of a written agreement between the civil servant and the\
  \ head or director. The written decision of the Head of State shall also include\
  \ the amount of the incremental part of the remuneration. In accordance with Article\
  \ 22e(3) of the PPSA, the conditions, criteria and amount of the part of the performance-related\
  \ salary for civil servants, other than civil servants in other State bodies, shall\
  \ be determined by the Government by decree. Pursuant to Article 4 of the Regulation\
  \ on merit pay for public servants (Official Gazette of the Republic of Slovenia,\
  \ No 53/08 and 89/08), the basis for calculating merit pay is the basic salary of\
  \ the public servant and is expressed as a percentage of the basic salary of the\
  \ public servant. The amount of the performance component of the salary for increased\
  \ workload, expressed as a percentage, shall be determined for work performed in\
  \ excess of the expected performance. The percentage should therefore take into\
  \ account the work done in a given month, and the absence of a civil servant does\
  \ not have a direct impact on the amount of the enhanced performance-related salary\
  \ paid. The relevant percentage for determining the amount of the performance-related\
  \ increment is the proportion of the work carried out that was agreed in the increment\
  \ agreement.\r\nFor 2011 and 2012, Article 7 of the ZIU sets the maximum percentage\
  \ of the basic salary that may be paid to a civil servant as part of his/her salary\
  \ for performance-related increments (up to a maximum of 20% of the basic salary,\
  \ or 30% of the basic salary in the case where funds are also drawn from the special\
  \ project). The ZIU also limits the use of funds from the savings set out in Article\
  \ 22d of the PSLSA for the payment of performance-related increments to a maximum\
  \ of 60%. The same limits on the part of the salary for merit increases as in 2011\
  \ and 2012 will apply in 2013, on the basis of Article 161 of the ZUJF.22Article\
  \ 22i of the ZSPJS stipulates that budget users who, in addition to the funds for\
  \ the implementation of the public service, obtain funds through the sale of goods\
  \ and services on the market, shall use a part of the funds thus obtained for the\
  \ payment of merit based on the sale of goods and services on the market, provided\
  \ that they meet the conditions for the payment of the funds set out in Article\
  \ 22j of the ZSPJS. The Regulation applies to all budget users referred to in Article\
  \ 2(2)(2) of the ZSPJS who, in addition to funds for the performance of public service,\
  \ also obtain funds through the sale of goods and services on the market, except\
  \ for direct budget users as defined by the law regulating public finance. It therefore\
  \ also applies to public economic institutions and public funds, which, despite\
  \ the legal basis, until 2009 did not have the possibility to pay part of the performance\
  \ generated from the surplus of revenue over expenditure from the sale of goods\
  \ and services on the market.\r\nThe amount of funds allowed for merit resulting\
  \ from the sale of goods and services on the market from the revenue generated by\
  \ the activity of the budget user in addition to the public service as defined in\
  \ the sectoral laws, national programmes and its founding act and from the sale\
  \ of goods and services on the market generated by the budget user on the basis\
  \ of projects resulting from calls for tenders from international projects shall\
  \ be determined by the Minister in a regulation, but may not be more than 50 per\
  \ cent of the difference between the revenue generated and the expenditure generated\
  \ from the sale of goods and services on the market. 3.2. The amount of funds authorised\
  \ for the payment of merit payments for the sale of goods and services on the market\
  \ in the field of culture may, in addition, amount to a maximum of 25 % of the total\
  \ non-public revenue from the exercise of the public service.The amount of funds\
  \ earmarked for the payment of the part of the salary for merit payments for the\
  \ sale of goods and services on the market shall be determined by the Director,\
  \ after prior agreement with the representative trade unions.\r\nThe amount of the\
  \ funds intended to be paid as part of the remuneration for merit resulting from\
  \ the sale of goods and services on the market to the Director, the Principal and\
  \ the Secretary shall be determined by the appointing authority.\r\nThe dynamics\
  \ of the payment of the merit component of the salary is determined by the managing\
  \ authority of the budget user on a proposal from the Director.In the light of the\
  \ above, we conclude that the public sector remuneration system provides for a variable\
  \ component of the salary of public servants, which depends mainly on merit.\r\n\
  On the second indent:\r\nAlthough the proposal under the second indent is vague,\
  \ we would like to clarify that for public servants who perform managerial tasks\
  \ in the public sector, and in particular in the civil service, it is laid down\
  \ that the performance of their duties is linked to the results of their work. For\
  \ example, Article 159(4) of the Civil Servants Act (Official Gazette of the Republic\
  \ of Slovenia, No 63/07-upb3 and 65/08) stipulates that a civil servant is unfit\
  \ for office if:\r\n- the body or the organisational unit which it heads does not\
  \ achieve the expected work results which would ensure the quality and efficiency\
  \ of the body's or the organisational unit's functioning in accordance with the\
  \ body's work programme,\r\n- there are recurrent operational errors in the area\
  \ of work of the authority or the organisational unit which it heads, or if there\
  \ is a serious operational error.In view of the above, we consider that this proposal\
  \ has already been included in the current regulations.On indent 3:Reply from the\
  \ Centre for Judicial Education:The Centre for Judicial Education, which operates\
  \ within the Ministry of Justice of the Republic of Slovenia, regularly conducts\
  \ training courses for judges and public prosecutors, and in doing so, it focuses\
  \ on the needs of the participants and the topical subject matter to the greatest\
  \ extent possible. Of course, more could be done in this area, but, as in all areas,\
  \ financial resources for training are limited due to austerity measures, including\
  \ in the area of judicial training.  Moreover, as the user himself has already pointed\
  \ out, in many cases the law imposes obstacles which the judiciary cannot remedy\
  \ with its own decisions, as is the case with specific procedural rules in employment\
  \ law proceedings within the employer and then in court, and this is not a question\
  \ of protecting the weaker party, but of complying with existing employment law.Response\
  \ from the Directorate for Justice Legislation: \"With regard to the proposal to\
  \ amend the regulations defining the work of judges, lawyers and public prosecutors,\
  \ we would like to clarify that the required scope, quality and efficiency of the\
  \ work of judicial officials is already defined in the legislation in force.Both\
  \ the Courts Act and the Judges' Service Act provide the basis for the Criteria\
  \ for the Quality of the Work of Judges for the Evaluation of the Judicial Service\
  \ and the Criteria for the Quality of the Work of Courts, which are adopted by the\
  \ Judicial Council. The Quality Criteria for the Performance of Judges set out,\
  \ inter alia, the expected volume of cases to be disposed of according to the type\
  \ of case, the status of the judge (district/district/supreme/supreme judge) and\
  \ the type of court (district/district/supreme/supreme/administrative/working and\
  \ social court). If a judge does not reach the expected workload in a given year\
  \ and has been on duty for at least six months, the reasons for the lower workload\
  \ must be identified. The reasons for the underperformance shall be identified by\
  \ the President of the Court, together with the Judge and the Head of Department,\
  \ and the President of the Court shall report his findings to the Judicial Council\
  \ at the time of the annual submission of the performance data.\r\nHowever, when\
  \ evaluated each year, State Attorneys and Assistant State Attorneys are required,\
  \ as provided for in the Law on the State Attorney's Office, to meet criteria covering\
  \ the quality of work performed, work ability, punctuality in the performance of\
  \ work duties, and ability to communicate with State authorities and with clients.\r\
  \nThe Law on Advocacy does not contain criteria for the efficiency and quality of\
  \ work of advocates, as advocacy is an autonomous and independent service and advocates\
  \ practise as a free profession.\r\nAt the same time, we would like to stress that\
  \ the Ministry of Justice and Public Administration, within the scope of its competences\
  \ and in cooperation with the judiciary, is planning organisational measures and,\
  \ if necessary, amendments to the regulations that will contribute to more efficient\
  \ conduct of court proceedings. In particular, measures will be taken to effectively\
  \ implement the competences of the President of the Supreme Court of the Republic\
  \ of Slovenia and the Presidents of the lower courts with regard to the responsibility\
  \ of judges for the efficient conduct of specific proceedings. 20/12 - Official\
  \ Consolidated Text), which regulate cases of unlawful and also negligent conduct\
  \ of public officials and judges, and are as follows:Abuse of official position\
  \ or official rights257. Article 247(1) Any official or public servant who, in order\
  \ to obtain for himself or herself or for another any non-pecuniary benefit or to\
  \ cause harm to another, abuses his or her official position or oversteps the limits\
  \ of official rights or fails to perform an official duty, shall be punished by\
  \ imprisonment for a term not exceeding one year.\r\n(2) If the perpetrator causes\
  \ major damage or seriously violates the rights of another by the act referred to\
  \ in the preceding paragraph, he shall be punished by imprisonment for a term not\
  \ exceeding three years.\r\n(3) An official or a public servant who, in order to\
  \ obtain an unlawful pecuniary advantage for himself or herself or for another,\
  \ abuses his or her official position or oversteps the limits of his or her official\
  \ rights or fails to perform an official duty shall be punished by imprisonment\
  \ for a term of three months to five years.\r\n(4) The offender referred to in the\
  \ preceding paragraph who takes advantage of his position or influence to unlawfully\
  \ increase his own property to a greater value shall be punished in the same way\
  \ as in the preceding paragraph.\r\n(5) If, by the act referred to in paragraphs\
  \ (3) and (4), the perpetrator has obtained for himself or another a large unlawful\
  \ pecuniary advantage and has intended to obtain such an advantage, he shall be\
  \ liable to imprisonment for a term of from one to eight years..Article 7aDamage\
  \ to public funds(1) An official, public servant or other authorised person of a\
  \ user of public funds who, in the procurement, acquisition, management or disposition\
  \ of those funds, knowingly infringes the provisions of, neglects to exercise due\
  \ care or otherwise causes or facilitates the unlawful or misuse of public funds,\
  \ even though he or she foresaw or ought to have foreseen and could have foreseen\
  \ that, as a result of that neglect, substantial pecuniary damage to public funds\
  \ might result and did result, shall be liable to imprisonment for a term of between\
  \ three months and five years and to a fine.\r\n(2) If the act referred to in the\
  \ preceding paragraph has resulted in substantial pecuniary damage, the offender\
  \ shall be liable to imprisonment for a term of between one and eight years and\
  \ to a fine.\r\n(3) A user of public funds under this Article shall be a legal person\
  \ governed by public law or a subdivision thereof, or a legal person governed by\
  \ private law or a private individual, if it performs a public service or other\
  \ activities in the public interest with or on account of those funds, or provides\
  \ public goods on the basis of a concession or other exclusive or special right.\r\
  \n(4) Public assets under this Article are immovable property, movable property,\
  \ cash, receivables, capital investments and other forms of financial assets of\
  \ the State, a self-governing local community, the European Union or another legal\
  \ person governed by public law. Article 258A public official or public servant\
  \ who knowingly violates laws or regulations, abandons his or her supervision or\
  \ otherwise acts in a manifestly dishonest manner in the performance of his or her\
  \ duties, although he or she foresees or should have foreseen and could have foreseen\
  \ that a serious violation of the rights of another or damage to a public good or\
  \ damage to property may result therefrom, and a violation or serious damage does\
  \ result, shall be liable to a fine or to imprisonment for a term not exceeding\
  \ three years.Anti-legal, biased and unfair trial\r\nArticle 288(1) A judge who,\
  \ in the conduct of a judicial proceeding or in the rendering of a judgment, knowingly\
  \ violates the law or distorts the law in order to injure a party to the proceedings\
  \ or to give him an unfair advantage shall be liable to imprisonment for a term\
  \ not exceeding three years.\r\n(2) A judge who, with the intention referred to\
  \ in the preceding paragraph of this Article, bases a judicial decision on facts\
  \ which he knows not to exist or which are falsely implied by false or inadmissible\
  \ evidence shall be liable to the same penalty.\r\n "
Text file: 37.txt
Title: Variable remuneration and management
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=37
