Area: Delovno pravno
Competent authority: MDDSZ, MNZ
EZU URL: .nan
Initiative ID: 52
Initiative accepted and completed: '2012-10-10'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2012-10-04'
Initiative published: '2012-10-04'
Initiative submitted: '2012-10-04'
Response from the competent authority: 'Response from the Directorate for the Public
  Sector (Ministry of Justice and Public Administration). 63/07-upb3 and 65/08), which
  regulates the procedure for filling vacant posts in State and local authorities,
  a Regulation on the procedure for filling posts in State and judicial authorities
  was adopted (Official Gazette of the Republic of Slovenia, No. The Regulation stipulates
  that applications for a vacant post must be submitted in writing, and that an electronic
  form of the application, which does not require an electronic signature, is also
  considered to be a written form. This provision applies to both internal and public
  competitions, as follows from the provisions of the Regulation:- Article 10(1) of
  the Regulation regulates the procedure for internal competitions and states: ''Applications
  for a vacancy shall be submitted in writing. Article 20(1) of the Regulation governs
  the procedures for the competition and stipulates that: ''The candidate shall submit
  his/her application in writing. The application shall be sent in a sealed envelope
  marked ''for competition'' and indicating the post. In the light of the foregoing,
  we note that the initiative concerning the proposal to make the electronic application
  for vacant posts in the public administration and the judiciary bodies a reality
  has already been implemented. Response of the Ministry of Labour, Family and Social
  Affairs: The Labour Relations Act (Official Gazette of the Republic of Slovenia,
  No 42/2002, 79/2006-ZZZPB-F, 46/2007-OdlUS, 103/2007, 45/2008-ZArb, 83/2009-OdlUS,
  hereinafter referred to as the "LRA"), in the chapter on the rights and obligations
  of the parties in concluding employment contracts, provides for the formal public
  announcement of vacancies as an obligation of the employer, subject to certain exceptions.
  Although the ZDR does not explicitly define the means of publication which are to
  be considered as public publication, it can be concluded from the entire wording
  of Article 23 that public publication refers to publication in the media or through
  an employment service. When the employment service receives an application for a
  vacancy, it shall, at the employer''s request, make the vacancy public and carry
  out all the necessary job placement procedures. If the employer does not wish to
  have the vacancy or type of job published publicly by the employment service, the
  employer must publish the vacancy or type of job himself, which he may do in the
  media, on the employer''s website or in the employer''s publicly accessible business
  premises (Article 6 of the Regulation on the notification and publication of a vacancy
  or type of job, the procedure for job placement, and the content and manner of reporting
  information to the Employment Service of the Republic of Slovenia - Official Gazette
  of the Republic of Slovenia - Official Journal of the European Union, No. 6, item
  6). At the same time, we would like to point out that, in the context of eliminating
  administrative obstacles and reducing administrative costs for the employer, the
  draft new ZDR explicitly provides, in Article 25, which regulates the publication
  of a vacancy or type of work, that the employer may also publish the vacancy in
  the means of public information, on the employer''s website or in the employer''s
  publicly accessible business premises. It can therefore be concluded that, although
  the GDPR does not regulate the manner in which a candidate may apply for a vacancy,
  we consider that it would be appropriate, in cases where an employer advertises
  a vacancy on a website, to allow for the possibility of an application by e-mail.'
Text file: 52.txt
Title: Mandatory online application for the post
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=52
