Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 611
Initiative accepted and completed: '2015-07-29'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-07-06'
Initiative published: '2015-07-06'
Initiative submitted: '2015-06-26'
Response from the competent authority: Response of the Ministry of Labour, Family,
  Social Affairs and Equal Opportunities:With regard to the proposal, we would like
  to clarify that the Labour Relations Act (Official Gazette of the Republic of Slovenia,
  No. 21/13, 78/13, hereinafter referred to as "ZDR-1") introduced an innovation,
  namely, under Article 214, it extends limited labour protection to economically
  dependent persons. An economically dependent person is defined as a self-employed
  person who, on the basis of a civil law contract, personally, for remuneration,
  independently and for a prolonged period of time, performs work in circumstances
  of economic dependence and does not himself employ workers. Economic dependence
  means that the person derives at least 80% of his annual income from the same principal
  (Article 213 ZDR-1).The purpose of the provision of Article 214 is to open a legal
  route for a person working in an economically dependent relationship to be able
  to claim employment protection from the principal, at least in certain elements.
  Thus, the economically dependent person may claim compliance with the prohibition
  of discrimination, minimum notice periods for termination of the relationship, the
  prohibition of termination of the civil contract on unjustified grounds, the guarantee
  of comparable remuneration and liability for damages, as provided for employees
  in an employment relationship. Article 214(2)(c) of the Labour Code provides that,
  in order to qualify for limited labour law protection, the economically dependent
  person must, after the end of each calendar or financial year, inform the principal
  on whom he is economically dependent of the conditions under which he operates,
  by providing the principal with all the evidence and information necessary to assess
  the question of the existence of economic dependenceGiven the many forms that economic
  dependence takes in practice, economic dependence as a factor for the provision
  of limited labour law protection will have to be assessed on a case by case basis,
  and, in disputed cases, the protection will have to be sought in the context of
  judicial protection. It should be stressed, however, that self-employed persons
  who carry out work in economic dependence on a principal should not be confused
  with disguised employment relationships, that is to say, relationships which have
  all the elements of an employment relationship but are concluded in the form of
  a civil relationship. In these cases, there is an abuse of the law, which means
  that these persons can claim the employment relationship and, consequently, all
  employment protection.The inclusion of the regulation of the situation of "economically
  dependent persons" or the provision of otherwise limited employment protection to
  these persons was included in the current ZDR-1 at the last stage of the drafting
  of the legal solutions.The inclusion of the regulation of the situation of "economically
  dependent persons" or the provision of otherwise limited employment protection to
  these persons in the current ZDR-1 was included at the last stage of the drafting
  of the legal solutions. Since the social partners, on the basis of expert definitions,
  concluded that it would be appropriate to regulate this area comprehensively in
  a separate law, only the most necessary solutions were included in the ZDR-1, namely
  in terms of providing limited labour law protection to these persons, it being envisaged
  that a separate law regulating the work and protection of economically dependent
  persons will regulate this area in more detail and comprehensively. Therefore, the
  above-mentioned provisions of Articles 213 and 214 apply only until the entry into
  force of this special law (Article 223 of ZDR-1). In our view, the preparation and
  adoption of a special law requires prior monitoring and examination of the situation
  on the Slovenian labour market, particularly from the point of view of the understanding,
  application and practical effect of the solutions already adopted in ZDR-1.  In
  this context, the proposal will also be examined and discussed.
Text file: 611.txt
Title: Amendment of Articles 213 and 214 of the ZDR-1 concerning economically dependent
  persons
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=611
