Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 612
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 from the Ministry of Labour, Family,
  Social Affairs and Equal Opportunities:With regard to your proposal, we note that
  Article 167 of the Labour Code provides that an employee is entitled to time off
  work in cases of temporary incapacity for work due to illness or injury and in other
  cases in accordance with the health insurance regulations. During the period of
  absence from work due to illness or injury, the worker must comply with the instructions
  of the competent doctor, the designated doctor or the medical board or must not
  engage in gainful employment or leave his place of residence without the authorisation
  of the competent doctor, the designated doctor or the medical board, failing which
  the employer may terminate his employment contract on an extraordinary basis pursuant
  to the eighth indent of the first paragraph of Article 110 of the ZDR-1, provided
  that the conditions laid down in Article 109 of the ZDR-1 are also fulfilled. The
  basis for assessing the existence of that ground for extraordinary dismissal is
  therefore the instructions given by the competent doctor, the designated doctor
  or the medical committee concerning the conduct of the worker during the period
  of temporary incapacity for work. The detailed rules on the exercise of the right
  to absence from work due to illness or injury and in other cases are laid down in
  the health insurance regulations - the Health Care and Health Insurance Act and
  the Rules on Compulsory Health Insurance adopted on the basis of the Act, as well
  as in other by-laws which fall within the scope of the Ministry of Health''s work.
  However, in assessing the admissibility of monitoring the conduct of an employee
  during temporary incapacity for work or monitoring the implementation of the prescribed
  sickness policy, the provisions of Articles 46 to 48 of the Labour Code are particularly
  relevant from the point of view of labour law. The employer must protect and respect
  the worker''s personality and protect the worker''s privacy. This obligation includes
  the duty to protect the employee''s dignity at work and the duty to protect the
  employee''s personal data. The obligation to protect the worker''s personality applies
  throughout the duration of the relationship between the worker and the employer:
  at the conclusion, duration and termination of the employment contract. The employer
  may collect, process, use and supply to third parties the employee''s personal data
  only if this is provided for by law and is necessary for the exercise of the rights
  and obligations arising from the employment relationship (Article 48 ZDR-1). In
  the employment relationship, the personal data protection rules, which regulate
  these issues in more detail, are therefore also applicable. The Information Commissioner
  is responsible for inspecting the implementation of the provisions of the Act on
  the Protection of Personal Data (Official Journal of the RS, No 94/07-UPB1) and
  for clarifying the control of sick leave in relation to Articles 48 and 110 of the
  Personal Data Protection Act from the point of view of the processing of personal
  data. In the light of the opinion of the Information Commissioner already given
  with regard to the possibility for employers to control sick leave in accordance
  with the identical regulation in the formerly applicable HPA, we consider that no
  amendment to the labour law regulation - in the HPA-1 - is necessary.  '
Text file: 612.txt
Title: Amendment of the ZDR-1 on sickness control in connection with the last indent
  of Article 110 of the ZDR-1
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=612
