Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 5
Initiative accepted and completed: '2011-11-21'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2011-11-17'
Initiative published: '2011-11-17'
Initiative submitted: '2011-11-17'
Response from the competent authority: "According to the proposal, for reasons of\
  \ flexibility, the first paragraph of Article 23 of the Labour Code should be supplemented\
  \ with a new sentence: 'If the employer has already agreed to employ the worker\
  \ and does not need the assistance of the Employment and Social Security Agency\
  \ to find him/her, it is sufficient for the employer to simply register the selected\
  \ worker at the start of the job'.\r\nWe believe that the constitutionally guaranteed\
  \ right to freedom of work (Article 49 of the Constitution of the Republic of Slovenia\
  \ - which provides in its third paragraph that every job shall be open to everyone\
  \ under equal conditions) should be taken into account when drafting amendments\
  \ to the Labour Code. It is also necessary to take into account the EU Directives\
  \ which lay down the framework for combating discrimination in employment and occupation\
  \ on grounds of personal circumstances such as race or ethnic origin, religion or\
  \ belief, disability, age or sexual orientation and for implementing the principle\
  \ of equal opportunities in employment and occupation irrespective of sex, namely:\r\
  \n- Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal\
  \ treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000,\
  \ p. 22),\r\n- Council Directive 2000/78/EC of 27 November 2000 establishing a general\
  \ framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000,\
  \ p. 16),\r\n- Directive 2006/54/EC of the European Parliament and of the Council\
  \ of 5 July 2006 on the implementation of the principle of equal opportunities and\
  \ equal treatment of men and women in matters of employment and occupation (recast)\
  \ (OJ L 204, 26.7.2006, p. 23).\r\nThose Directives, among the more detailed definition\
  \ of the areas and issues of employment and occupation in which discrimination is\
  \ prohibited or equal opportunities must be ensured, also explicitly highlight the\
  \ conditions of access to employment, self-employment or occupation, including selection\
  \ criteria and conditions of employment, irrespective of the type of activity and\
  \ at all levels of the occupational hierarchy.\r\nEU directives must be properly\
  \ transposed into Slovenian law, and Member States are also obliged to provide legal\
  \ protection and fair compensation or reparation to persons whose rights have been\
  \ violated.\r\nIn view of the above, we consider that the proposal as it stands\
  \ cannot be considered as a necessary amendment to the HRA."
Text file: 5.txt
Title: Amendment of the ZDR
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=5
