Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 584
Initiative accepted and completed: '2015-06-18'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-06-04'
Initiative published: '2015-06-04'
Initiative submitted: '2015-05-29'
Response from the competent authority: 'Response from the Ministry of Labour, Family,
  Social Affairs and Equal Opportunities:Working time is one of the fundamental institutes
  of labour law, important both for the interests of employers and for the interests
  of employees. From the point of view of employers'' interests, working time and
  its allocation is regarded as an economic category, since the legal framework for
  regulating it, or the flexibility allowed, must make it possible to organise the
  working or production process in a way that is appropriate to business requirements,
  the capabilities of technology or the requirements of service provision. From the
  employees'' point of view, the safety aspect of the regulation of this institution
  is of particular importance, since the regulatory frameworks for limiting the length
  of working time, for providing breaks, rest periods and for allowing flexibility
  in the organisation of working time protect the health and psychophysical capacities
  of employees. At the same time, they encourage workers to be motivated to work,
  by providing for their leisure time and for opportunities to reconcile their family
  commitments and leisure activities with their work commitments.The regulation of
  working time in national legislation has also had to take account of international
  standards and international standards on working time. The regulation of working
  time in the Labour Relations Act (Official Journal of the Republic of Slovenia,
  No. 21/13 and 78/13-amended, hereinafter referred to as ''ZDR-1'') includes the
  determination of full-time and part-time working time, the rules and possibilities
  for scheduling working time, the possibility of working overtime, including minimum
  requirements and limits on the duration of working time, the provision of daily
  rest, breaks, weekly rest, annual leave and aspects of night and shift work, and
  special protection for specific categories of employees.From the point of view of
  the protection of the worker, the allocation of the time for the performance of
  the worker''s duties (working time) and the conditions for the temporary reassignment
  of working time must be laid down in the employment contract in accordance with
  the law and the collective agreement.Otherwise, the employer''s working time may
  be allocated evenly, but may also be allocated unevenly, owing to the nature or
  organisation of the work or the needs of the users. Although the ZDR-1 does not
  explicitly define equal or unequal distribution of working time, in both cases it
  is a predetermined, permanent distribution of working time (annual working time
  schedule). The essential feature of irregular working time is that working time
  is longer than full time in some periods and shorter than full time in other periods,
  and full time is taken as the average work commitment over a given period. The statutory
  scheme also allows for the temporary rearrangement of working time that is otherwise
  foreseen and planned in advance. If, during the course of a calendar year or a financial
  year, the conditions for a temporary redeployment of working time arise, the employer
  must give at least one day''s notice of the redeployment to the individual employee
  whose working time is being redeployed, in the manner customary with the employer.The
  period to be taken into account in the case of both irregular distribution and temporary
  redeployment of working time as the period during which full-time work is taken
  into account as the average work commitment shall not exceed six months. However,
  under the provisions of Article 158, this period may be extended to a maximum of
  12 months for objective, technical or work organisation reasons by a collective
  agreement of the activity.The law also permits the ordering or performance of overtime
  work, which constitutes work in excess of full-time working time.Finally, we note
  that in the practice of collective bargaining, on the basis of the applicable legal
  bases, the possibility has already been used to determine the reference period for
  the taking into account of full-time working time by means of a collective agreement
  at the level of the activity (Article 158 of the ZDR-1), in such a way that, in
  the case of uneven distribution and temporary reassignment of working time, full-time
  working time is to be taken into account as the average working time over a period
  of (at most) twelve months ( e.g.: Article 158 of the ZDR-1, Article 158 of the
  ZDR-1). The Collective Agreement for Crafts and Enterprise, the Collective Agreement
  for the Textile, Clothing, Leather and Leather Processing Industries of Slovenia
  and the Collective Agreement for the Retail Trade Industries of Slovenia allow for
  the payment of excess hours after the end of the reference period at an increased
  hourly rate or at the rate set for overtime).In view of the above, we summarise
  that the law provides the basis for determining the period during which full-time
  work is taken into account as an average work commitment, which also allows for
  the appropriate treatment and valuation of work performed in excess of full-time
  work.'
Text file: 584.txt
Title: Work calendar and opening hours
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=584
