Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 589
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:If the right to part-time work is exercised
  on the basis of special rules, it is important that both parties to the contract
  of employment regulate the exercise of the right to part-time work in writing in
  the contract of employment.In cases where a worker has been granted the right to
  part-time work by decision on the basis of special regulations, the questions from
  an employment law perspective are how much the worker's work obligation is, how
  working time can be allocated, specifically whether the worker can be allowed to
  have a flexible start and end time, whether the worker can have a daily surplus
  or deficit of hours, or whether a weekly limit can be taken into account when determining
  the allocation of the worker's work obligation. In answering the above questions
  in each particular case, account will have to be taken of the decision of the authority
  which decided on the right to part-time work under the special rules. The right
  of a worker to part-time work may be defined as a daily limitation (e.g. four hours
  per day) or a weekly limitation (e.g. 20 hours per week). In the case where a worker
  is granted the right to part-time work by a decision of the competent authority
  with a daily limitation of the work obligation (e.g. four hours per day), we consider
  that, taking into account the purpose of the right to part-time work (e.g. the worker's
  reduced capacity to work), although the worker may be allowed to have a flexible
  start and end of the working time, the worker cannot have a daily surplus and, consequently,
  no shortfall of hours.As regards the actual determination of the worker's work obligation
  in this case, in view of the allocation of working time to different number of days
  of the week, it should be clarified that the worker's work obligation in the case
  of a four-day week is a 16-hour week, in the case of a five-day week a 20-hour week,
  and in the case of a six-day week a 24-hour week.However, if the worker is entitled
  to shorter working hours with a weekly limitation of working time (e.g. 20 hours
  per week) by a decision of the competent authority, we consider that the weekly
  working time may also be spread over different days of the week for different durations.
  As regards the restrictions on working time for older workers, it is worth recalling
  Article 199 of the Labour Relations Act (Official Journal of the Republic of Slovenia,
  No 21/13 and 78/13 - corrected version, hereinafter referred to as 'ZDR-1'), which
  stipulates that overtime and night work of an older worker is permitted if the older
  worker agrees to it. Possible amendments to the proposals concerning the reassignment
  of working time of older workers should also be considered in the light of the activity
  and more comprehensive measures to prolong the labour market participation of older
  workers and will be addressed in the process of the next legislative amendments
  between the social partners.
Text file: 589.txt
Title: Supplementing the provisions on protected categories of workers
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=589
