Area: Delovno pravno
Competent authority: MNZ
EZU URL: .nan
Initiative ID: 730
Initiative accepted and completed: '2016-02-15'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2016-01-29'
Initiative published: '2016-01-29'
Initiative submitted: '2016-01-27'
Response from the competent authority: "Answer from the Ministry of the Interior:Article\
  \ 84(2) of the Private Security Act (Official Gazette of the Republic of Slovenia,\
  \ No 17/2011; hereinafter: ZZASV-1) provides that a licence holder or an internal\
  \ security provider is obliged to notify the date of conclusion and termination\
  \ of the employment relationship of security personnel in writing to the registry\
  \ administrator within eight days from the date of the change.\r\nThe registry manager\
  \ is the Ministry of the Interior and not the Inspectorate of the Interior, as you\
  \ state in your petition. The Ministry of the Interior keeps records of licence\
  \ holders, records of internal security providers, records of holders of service\
  \ cards and records of organisers of professional training and further training.\r\
  \nThe law therefore specifically defines the duty to notify in the event of the\
  \ conclusion and termination of the employment relationship of security personnel,\
  \ and the duty to notify the Ministry of the Interior in the event of the loss,\
  \ loss or theft of a licence certificate or service card. In particular, the obligation\
  \ to report the conclusion or termination of the employment relationship of security\
  \ staff is intended to ensure compliance with the conditions for the provision of\
  \ private security, since employment with a licensee or an internal security contractor\
  \ is a mandatory condition for the provision of private security.\r\nThe basic rule\
  \ for private security is that security staff cannot work independently without\
  \ being employed by a licensee or an internal security contractor. Security staff\
  \ who are not in the employment of a licensee or an internal security provider (Article\
  \ 11(4) of the Private Security Act) do not fulfil the conditions for private security\
  \ and, in accordance with Article 11(6) of the Private Security Act, must immediately\
  \ cease to provide private security and return their service card within eight days\
  \ of ceasing to fulfil the conditions. An exception to this is provided for in Article\
  \ 35 of the CPC-1, which regulates the deposit of the service card. The obligation\
  \ is laid down that security personnel who do not conclude their employment within\
  \ 30 days of the service card being delivered, or who terminate their employment\
  \ relationship with the licensee or internal security provider for more than 30\
  \ days, must return the service card to the Ministry of the Interior, which deposits\
  \ it, within a further eight days. The Ministry of the Interior will store the service\
  \ card and will return it to the client if he/she takes up employment with the licensee\
  \ or internal security provider. This significantly facilitates the legal transition\
  \ of security personnel from working for one licensee to another, which also makes\
  \ it easier for licensees to win new business.\r\nIn our view, the notification\
  \ pursuant to Article 84 of the Act does not in any way constitute a bureaucratic\
  \ obstacle, but a necessary compliance with the provisions of the Act, which, in\
  \ addition to keeping up-to-date records of the holders of service cards, prevents\
  \ the 'black economy' or black employment, both on the part of the licence holders\
  \ and the security staff. The interests of licence holders are protected, as the\
  \ Ministry of the Interior always verifies whether a person meets the conditions\
  \ for private security duties when a deposited card is delivered (e.g. when new\
  \ security personnel are recruited). In the event that the person does not fulfil\
  \ the prescribed conditions, the Ministry of the Interior shall take measures within\
  \ its competence. The interests of security personnel are also protected, as the\
  \ Ministry of the Interior, when notifying the licence holder of a change of information\
  \ (e.g. new employment) in the records of the Health Insurance Institution, checks\
  \ whether the licence holder has actually employed the person and has thus also\
  \ arranged for the person to have all the rights arising from compulsory social\
  \ insurance. In the event of irregularities being detected, the Ministry of the\
  \ Interior shall take measures within its competence. In our opinion, criminal sanctions\
  \ are also appropriate, which, among other things, deter the aforementioned entities\
  \ from the so-called black economy.The notification of changes, as provided for\
  \ in Article 84(2) of the Act, is, in our opinion, necessary to ensure the rights\
  \ of individuals, legal persons and security personnel, and in no way constitutes\
  \ a bureaucratic obstacle that should be removed.In our opinion, the notification\
  \ of changes, as provided for in Article 84(2) of the Act, is necessary to ensure\
  \ the rights of individuals, legal persons and security personnel.\r\n "
Text file: 730.txt
Title: Private security
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=730
