Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 585
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:Article 58 of the Labour Relations Act (Official
  Gazette of the Republic of Slovenia, No 21/13 and 78/13-amended, hereinafter referred
  to as "LRA-1") regulates the recalculation of excess hours incurred during the term
  of a fixed-term employment contract due to the seasonal nature of the work or work
  with irregular working hours lasting at least three consecutive months.  In this
  case, at the request of the worker, the hours shall be converted into full-time
  working days and the working days so converted shall be counted in the worker's
  working time as if he had spent them at work. In this case, the total period of
  service shall not exceed 12 months. With regard to the implementation of pension
  and invalidity insurance for seasonal workers who work in excess of their hours,
  it can be summarised from the statements of the Slovenian Pension and Disability
  Insurance Institute that, when including the calculated insurance period from seasonal
  work in the total insurance period, the rule according to which the same periods
  of time are counted only once in the insurance period is observed. Therefore, if
  the insured person has not been re-insured after the expiry of the employment contract
  (the employment contract has not been renewed) or if another period in a calendar
  year is not covered by insurance, the recalculated period of insurance shall be
  added to the period of insurance completed in that calendar year on the basis of
  the current insurance. For each calendar year, the insured person shall be credited
  with the current period of insurance only up to a maximum of 12 months in total.
  If the calculated period of seasonal work is greater, it shall not be taken into
  account for the purposes of the recognition and assessment of pension and invalidity
  insurance benefits. Therefore, where there is no renewal of the employment contract
  under which seasonal workers have performed work in excess of full-time work, social
  security rights shall be exercised according to the date of termination of the employment
  contract. However, if the worker's employment status is extended as a result of
  more hours worked, this can be done by extending the employment relationship on
  the basis of the contractual will of both parties, with all employment issues to
  be regulated in the employment contract. We will consider the need for clearer legal
  regulation in relation to the initiative highlighted and will address it in the
  process of the next legislative amendments.
Text file: 585.txt
Title: Amendment of Article 54 of the ZDR-1
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=585
