Area: Delovno pravno
Competent authority: MDDSZ, ZRSZ, ZZZS
EZU URL: .nan
Initiative ID: 775
Initiative accepted and completed: '2016-10-28'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2016-10-21'
Initiative published: '2016-10-21'
Initiative submitted: '2016-10-21'
Response from the competent authority: "Reply from the Health Insurance Institute\
  \ of the Republic of Slovenia:In this regard, we would like to clarify that participants\
  \ who take part in the \"Work Test\" for 2016 are compulsorily insured for disability\
  \ and death resulting from occupational injury and occupational disease in accordance\
  \ with Article 20, paragraph 3, subparagraph 5 of the Pension and Disability Insurance\
  \ Act (ZPIZ-2). If a person qualifies for insurance against invalidity and death\
  \ resulting from an occupational injury and disease under Article 20 of the PIONA-2,\
  \ there is no obligation to apply for pension and invalidity insurance, but only\
  \ an obligation on the employer to pay the prescribed contributions.   Form M12\
  \ (registration for insurance against occupational injury and disease), which the\
  \ Heart Development Centre of Slovenia mentions in its petition, is a registration\
  \ for compulsory health insurance. The registration must be submitted by the person\
  \ liable for registration if the conditions for compulsory health insurance for\
  \ occupational injury and disease are fulfilled. As the above-mentioned active employment\
  \ policy measure does not imply an obligation to take out sickness insurance for\
  \ occupational injuries and diseases, the conditions for submitting this declaration\
  \ (form M12) are not fulfilled.\r\nHaving examined the text of the call for tenders\
  \ published on the website of the ZRSZ, we note that in the model contract for the\
  \ implementation of the 'Work test' programme for 2016, in Article 9, point 6 (p.\
  \ 27), the employer's obligation to 'insure each participant for disability and\
  \ death resulting from an occupational injury and disease' is stated.\r\nIt is noted\
  \ that this wording can be understood as an obligation to make a specific application\
  \ for pension and invalidity insurance, which creates a problem for the employer\
  \ because it does not know how to implement this contractual obligation.Since the\
  \ pension and invalidity insurance for occupational injuries and diseases does not\
  \ require the submission of an application for insurance, we suggest that the above\
  \ initiative be referred to the Employment Service, which is the provider of the\
  \ 'Work test' measure, and to the Pension and Disability Insurance Institute of\
  \ Slovenia, so that they can amend the content of Article 6 accordingly. Response\
  \ of the Employment Insurance Institute:We would like to clarify that the basis\
  \ for the compulsory insurance of persons covered by the Work Test for disability\
  \ and death resulting from an occupational injury, which we are imposing on employers\
  \ in the public invitation for the implementation of the Work Test for 2016, is\
  \ provided in Article 20 of the Act on Pension and Disability Insurance (ZPIZ-2),\
  \ Official Gazette of the Republic of Slovenia, No 96/2012.The Act provides for\
  \ the compulsory insurance of the persons covered by the Work Test for disability\
  \ and death resulting from an occupational injury.\r\nArticle 20 of the Law on Pension\
  \ and Disability Insurance (ZPIZ-2) provides for special cases of insurance. Paragraph\
  \ 3 of this Article, 5th indent, states:\r\n\"Disability and death resulting from\
  \ an occupational injury shall be compulsorily insured:\r\n- persons who, under\
  \ the regulations governing the labour market or under the regulations governing\
  \ the employment of disabled persons, are being trained by work by the provider\
  \ of an active employment policy measure, with the exception of persons performing\
  \ public works.\"\r\nIt is clear from your letter, in which you refer to the M12\
  \ form, which is irrelevant for the above-mentioned insurance, that you were referring\
  \ to insurance against occupational injury and disease, as you state that \"according\
  \ to the instructions of the Health Insurance Institute, unemployed persons undergoing\
  \ a work test are not insured\".\r\nYour observation is correct. There is currently\
  \ no legal basis in the Act on Health Care and Health Insurance for insuring covered\
  \ unemployed persons against occupational injuries and diseases, which is why we\
  \ do not require employers to pay for this insurance.\r\nHowever, we do require\
  \ payment of the insurance for disability and death resulting from an occupational\
  \ injury, for which we have a basis in the Pension and Disability Insurance Act,\
  \ and which is calculated by employers on Form REK-2 withholding tax return for\
  \ income under ZDoh-2 other than employment income, as you correctly summarised\
  \ the provision in the invitation to tender at the end of your letter.\r\n "
Text file: 775.txt
Title: Work tests for unemployed people
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=775
