Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 81
Initiative accepted and completed: '2013-02-04'
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: In response to the petition on the limitation
  of the number of days of annual leave, which was submitted via the portal "minus
  25%", we submit the following position in the light of the competences of the Ministry
  of Labour, Family and Social Affairs. The right to paid annual leave is a fundamental
  social right which is recognised, either in its own right or as an expression of
  everyone's right to fair and favourable working conditions, in a number of international
  treaties binding on the Republic of Slovenia. This fundamental right in the employment
  relationship cannot be waived by the employee, nor can it be deprived by the employer,
  which is sanctioned by various legal penalties. In regulating the right to annual
  leave, it is necessary to take into account the purpose and nature of this right.
  It follows from the nature of the right that, for it to be exercised, it is essential
  that the worker's work duties be interrupted for the purposes of rest and recreation
  and the use of leisure time in accordance with his needs and those of his family.
  The regeneration of the worker's health and capacity to work in the future reduces
  the chances of work-related accidents, occupational diseases and disability. The
  Labour Relations Act (Journal of Laws of the RS, No 42/02, 79/06-ZZZPB-F, 46/07-Odl.
  US, 103/07, 45/08-ZArbit and 83/09-Odl. US, hereinafter referred to as 'the LRA')
  regulates the right to annual leave in Articles 159 to 166. As regards the duration
  of annual leave itself, the ZDR follows the requirements of the European Social
  Charter (ESC), which Slovenia has also ratified. The MESL obliges the contracting
  parties to establish the right to at least four weeks' paid annual leave. Thus,
  from the point of view of the safety and health of workers at work, Article 159
  of the HPA guarantees the right to a minimum annual leave of at least four weeks,
  which must be guaranteed to all workers who have an employment relationship based
  on an employment contract. In addition to the minimum annual leave, this Article
  also regulates cases in which a worker is already entitled to additional days of
  annual leave under the law. The criteria laid down in the collective agreements
  in force which provide for additional days of annual leave must also be taken into
  account when calculating the duration of annual leave. A longer period of annual
  leave may also be agreed in the employment contract. As the ZDR sets minimum standards,
  there is no upper limit on the number of days of annual leave. With regard to the
  suggestion put forward that annual leave should be limited to a "reasonable limit"
  (e.g. 35 days), we would like to clarify that proposals to limit the maximum number
  of days of annual leave were also put forward at the stage of the adoption of the
  new HRA. The social partners are still in the process of coordinating on this proposal,
  so we are not in a position to present a definitive solution.
Text file: 81.txt
Title: Limit on the number of days of leave in the civil service
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=81
