Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 590
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:With regard to the initiative, we would like
  to clarify that paid annual leave is a workers' right enshrined in a number of international
  and European documents. The ILO Convention No 132 on Paid Annual Leave, 1970, is
  the fundamental document of the International Labour Organisation, and the right
  to at least four weeks' paid annual leave is also recognised in the Council of Europe
  in the revised European Social Charter. In the EU, the Charter of Fundamental Social
  Rights of the European Union, among the guarantees of the right of workers to fair
  and equitable working conditions, specifically highlights in Article 31 the right
  to limited working time, daily and weekly rest and paid annual leave, while the
  right to annual leave is further specified in Directive 2003/88/EC of the European
  Parliament and of the Council of 4 November 2003 concerning certain aspects of the
  organisation of working time - combined version.The new Labour Relations Act (Official
  Journal of the RS, No 21/13 and 78/13 - corrected version, hereinafter referred
  to as 'ZDR-1'), Article 162(4) of the Labour Code provides for the possibility of
  exceptional carry-over or use of annual leave also after the end of the reference
  period in a later period, namely for an employee who, due to absence from work for
  health reasons or maternity or childcare leave, was not able to use annual leave
  in the current calendar year, nor until 30 June of the following calendar year.
  In these cases, the employee has the right to take all untaken annual leave until
  31 December of the following calendar year.The necessary changes to the regulation
  of the right to annual leave in the ZDR-1, in relation to providing the employee
  with the possibility to take annual leave which, as a result of absence from work
  due to sickness or injury, or as a result of maternity or childcare leave, he or
  she was not in fact able to take in the current calendar year, nor until 30 June
  of the following calendar year, are based on expert analyses of the previous Slovenian
  legal regime. The new solutions in the ZDR-1 were mainly influenced by the decisions
  of the CJEU in Schultz-Hoff and Stringer and Others (C-350/06 and C-520/06 of 20.1.2009),
  and subsequently by KHS AG (C-214/10 of 7.7.2011), Neidel (C 337/10 of 3.5.2012)
  and Dominguez (C-282/10 of 24.1.2012).
Text file: 590.txt
Title: Holidays
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=590
