Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 79
Initiative accepted and completed: '2013-03-29'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2013-01-08'
Initiative published: '2013-01-08'
Initiative submitted: '2013-01-08'
Response from the competent authority: Dear Sir or Madam!We have received your request
  to provide your views on a citizen's initiative to abolish student services and
  the institution of Student Work, to abolish fixed-term work, to facilitate dismissals,
  to establish a severance pay fund and to strengthen the inspection of undeclared
  work. In line with the above, we provide below our clarifications of our position
  on the citizen's proposals as they were put forward:1.Changes in the area of Student
  Work were already foreseen in the Small Labour Act, which for reasons known to us
  was never implemented. Last year, the ZUJF introduced some changes in this area
  by increasing the concession levy from 12 to 25% and changing its distribution so
  that more funds are allocated to scholarships awarded under the Scholarship Act;
  this has made this form of work "more expensive" for employers and, as a result,
  a decline in the volume of Student Work is expected in 2013 and beyond.The continued
  operation of student services is linked to the abolition of Student Work, but no
  decision has been taken on this; this would be the solution provided by the Small
  Work Act, which was rejected in the referendum, while further solutions in this
  area will depend mainly on social dialogue. As regards the reference to the number
  of students being too high, we would like to clarify that the Ministry of Education,
  Science, Culture and Sport is responsible for this area.2.With regard to the proposal
  to abolish fixed-term work, we would like to inform you that the new Labour Relations
  Act (LRA-1), with the aim of reducing dualism or segmentation in the labour market,
  restricts the conclusion of fixed-term employment contracts by preventing the conclusion
  of one or more successive fixed-term employment contracts for the same job with
  a continuous duration of more than two years (except in explicitly defined cases).3
  With the same aim, the LRA-1 also provides for the right to severance pay in the
  event of termination of a fixed-term employment contract.4 2.The ZDR-1 introduces
  a number of solutions that will contribute to simplifying the procedures relating
  to the termination of the employment relationship, namely:- the obligation to inform
  the employee in advance of the intended termination of the employment contract for
  business reasons is waived.- simplification of the conduct of the defence in proceedings
  for termination of employment contracts on grounds of fault,- in proceedings for
  termination on grounds of incompetence and for business reasons, the previous legal
  obligation for the employer to offer the employee another suitable job is abolished,-
  the legal obligation to state reasons for termination of the employment contract
  is simplified,- the rules on the service of termination of the employment contract
  are amended,- the suspension of the effect of termination of an employment contract
  on the basis of a negative opinion of the workers' representatives is limited to
  those workers only, - it is made possible to involve workers in appropriate labour
  market measures already during the notice period, - it is made possible for the
  employer to terminate an employment contract regularly during the probationary period
  (and not only at the end of it) for failure to successfully complete the probationary
  period.4As regards the proposal to set up a special fund for severance payments,
  it should be clarified that, although the solution of ensuring the payment of regular
  contributions to finance severance payments has been the subject of discussions
  with the social partners on several occasions, the proposal has not yet been harmonised,
  due to the different views of the social partners on the way in which the severance
  payment fund should be organised.As regards the proposal to strengthen the inspection
  of undeclared work, we would like to clarify that amendments to the Act on Prevention
  of Undeclared Work and Employment (ZPDZC) are already under preparation, the main
  purpose of which is to increase the number of inspectors in the field and to strengthen
  supervision. The amendment to the ZPDZC also involves the Customs Administration
  of the Republic of Slovenia as a direct supervisory authority in this area, with
  mobile units that are on the ground 24 hours a day and cover the whole of Slovenia.
  The amendments to the law will also streamline some of the lengthy administrative
  procedures involved in carrying out controls and increase fines for infringements.
Text file: 79.txt
Title: Abolition of student services
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=79
