Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 586
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 of the Ministry of Labour, Family,
  Social Affairs and Equal Opportunities:With regard to the obligation to publicly
  announce a vacancy or type of work, we would like to clarify that the Labour Relations
  Act (Official Gazette of the Republic of Slovenia, No 21/13 and 78/13 - corrected
  version, hereinafter referred to as "ZDR-1"), in the chapter on the rights and obligations
  of the parties in concluding employment contracts, provides for the formal public
  announcement of a vacancy or type of work as an obligation of the employer, subject
  to certain exceptions. The right to equal access to every job under equal conditions
  is an element of the constitutionally protected freedom to work (Article 49 of the
  Constitution of the Republic of Slovenia). However, both of these constitutional
  provisions can only be implemented if the available jobs are publicly advertised.
  Exceptions to the obligation to publish publicly may only be provided for by law
  (Article 26 of the ZDR-1). Although the ZDR-1 does not explicitly define the means
  of publication which are to be regarded as public publication, it can be concluded
  from the entire text of Article 25 that public publication refers to publication
  in the media, on websites or in the employer's premises open to the public, or to
  publication made through an employment service. The Act on Amendments and Additions
  to the Act on the Regulation of the Labour Market (ZUTD-A), which entered into force
  on the same day as ZDR-1, provides for the obligation to notify a vacancy or type
  of work. Once the job vacancy is notified, the job vacancy is made public at the
  employer's request and all the necessary job placement procedures are carried out.
  The manner of data reporting and public announcement, as well as the procedure of
  job placement, is regulated in more detail by the Regulation on the Notification
  and Announcement of a Vacancy or Type of Work, the Procedure of Job Placement and
  the Content and Manner of Data Reporting to the Employment Agency of the Republic
  of Slovenia (Official Gazette of the Republic of Slovenia, No. RS, No. RS, No. 105/10,
  hereinafter referred to as the Regulation), which provides in Article 6(1) that
  if the employer does not wish to have the vacancy or type of work published publicly
  by the Employment Service, the employer must publish the vacancy or type of work
  itself, which may be done in the public media, on the employer's website or in the
  employer's publicly accessible business premises. It should be noted, however, that
  the ZUTD-A establishes the obligation to publicly announce the vacancy or type of
  work at the ZRSZZ for employers from the public sector and for companies majority
  owned by the State (except in the case of exceptions provided for by the law regulating
  labour relations).
Text file: 586.txt
Title: Amendment of Article 26 of the ZDR-1
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=586
