Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 588
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:The obligations imposed on employers by the
  Labour Relations Act (Official Gazette of the Republic of Slovenia, No.21/13 and
  78/13 - corrected version, hereafter referred to as "ZDR-1") include ensuring the
  conditions for the safety and health of workers at work in accordance with the specific
  regulations on occupational safety and health. The rights and obligations of both
  employers and employees with regard to ensuring safe working conditions and measures
  to ensure safety and health at work are regulated by the Occupational Safety and
  Health Act (Official Gazette of the Republic of Slovenia, No 43/2011, ZVZD). One
  of the fundamental duties of employers with regard to ensuring the safety and health
  of employees is to carry out a risk assessment. In accordance with the risk assessment,
  the employer must adopt and implement measures to ensure safe and healthy work that
  are consistent with the type, nature and level of risk in the workplace. To this
  end, the employer shall adopt a safety statement based on an identification of the
  possible types of hazards and harmful effects in the specific workplace and an assessment
  of the risk of injury and ill-health. In the context of the safety statement, the
  employer shall also lay down the specific health requirements that a worker must
  meet in order to work in a particular workplace. As part of the preventive measures
  aimed at maintaining workers' health, the employer must provide health checks for
  workers. In addition to pre-employment medical examinations, periodic examinations
  are particularly important to determine whether the worker still meets the specific
  medical and psychophysical requirements for the job. According to the Regulation
  on preventive health examinations of workers (Official Journal of the RS, No 87/2002),
  after the completion of a preventive health examination, the authorised doctor provides
  the employer with an assessment of the worker's fulfilment of the specific health
  requirements for a particular job in the working environment. The authorised medical
  practitioner shall immediately inform the worker, the worker's chosen personal physician
  and the employer of the result of the examination if the examination reveals that
  the worker has a health impairment which endangers his life or his ability to work.
  Otherwise, on the basis of the results of the examinations, the authorised medical
  practitioner shall propose measures to improve the conditions of the workplaces
  and working environments or to eliminate the causes which endanger or are likely
  to endanger the health of workers. The authorised medical practitioner shall not
  prohibit the worker from carrying out the work, but shall, in the light of the findings
  of the medical examination, propose such protective measures as he considers necessary
  to ensure the worker's health. These measures may relate to the rehabilitation and
  improvement of the conditions of the workplace, the means of work, protective work
  equipment, as well as the performance of work in another workplace, if the worker
  does not meet the health requirements for the specific workplace or if the work
  performed by the worker is harmful to his health and the situation cannot be remedied
  by other measures. In this respect, it should also be noted that the ZDR-1 no longer
  recognises general medical fitness within the meaning of the former Employment Rights
  Act as a general condition for the conclusion of an employment relationship. However,
  a collective agreement or a general act of the employer may impose medical fitness
  for a particular job as a condition for the conclusion of an employment contract.
  It follows from the foregoing that medical fitness to perform a particular job is
  not a condition laid down by law or by executive regulations and that, in such cases,
  incapacity cannot be a legitimate and justifiable reason for dismissal on a regular
  basis. However, a case where the worker no longer meets the medical requirements
  for the work he/she is performing also falls within the definition of a category
  III worker under the provisions of the Pension and Disability Insurance Act - PIPIA.
  In such a case, the authorised medical practitioner will also immediately inform
  the worker's chosen personal physician. A disabled worker who is no longer able
  to perform his/her work has the right under the Act to be transferred to another
  job if the employer can provide it, otherwise his/her employment may be terminated
  on the basis of Article 116 of ZDR-1.Taking into account the above-mentioned legal
  regulation, it can be concluded that in the event that, during the course of the
  employment relationship, it is established that the employee no longer meets the
  medical requirements for a specific job, the following situations may arise;- assessment
  of the employee's medical incapacity in the light of the definition of a disabled
  person III. the assessment of the worker's incapacity to work as a category III
  disabled person under the provisions of the Pension and Disability Insurance Act
  and, in the following, the provision of the rights accruing to a category III disabled
  person or the possibility of terminating the employment contract in the event of
  inability to secure suitable employment,- termination of the employment contract
  on the grounds of incapacity to work if specific medical requirements are a condition
  for the performance of the work and are laid down by law or by executive regulation,-
  excused absence from work on the grounds of incapacity to work on the basis of medical
  regulations.
Text file: 588.txt
Title: Amendment of Article 110 of the ZDR-1 (extraordinary termination of the DR)
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=588
