Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 834
Initiative accepted and completed: '2020-05-28'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2017-10-12'
Initiative published: '2017-10-12'
Initiative submitted: '2017-10-12'
Response from the competent authority: 'Reply from the Ministry of Labour, Family,
  Social Affairs and Equal Opportunities: With regard to the proposal that the difference
  in the annual hours pool should be paid as a regular work obligation and not as
  overtime, in the light of general labour law, we would like to clarify that the
  Labour Relations Act (Official Gazette of the Republic of Slovenia No 21/13, 78/13
  - corrected version) provides that, 47/15 - ZZSDT, 33/16 - PZ-F, 52/16 and 15/17
  - Decree of the European Court of Justice; hereinafter: ZDR-1) also provides for
  daily or weekly working hours and the distribution of working time as a mandatory
  component of the employment contract.Overtime work is work that the employee performs
  in accordance with the employment contract, except that it is performed outside
  of the otherwise specified working hours, in excess of the full-time working hours.
  The ZDR-1 stipulates that full-time work may not exceed 40 hours per week. An employer
  may introduce overtime only in exceptional, urgent and unforeseen cases (arising
  from Article 144(1) of the ZDR-1). These are exceptional cases which are unforeseen
  in advance and for which it is necessary to carry out the work regardless of the
  otherwise fixed working time arrangements.The various forms of flexitime allow workers
  to flexibly set their working time (hours) for a particular day or week. The number
  of hours may vary from day to day or from week to week, and workers must work a
  certain average number of hours (full-time) over a certain (reference) period.Under
  the ZDR-1, a worker who works overtime is entitled to overtime pay, which is determined
  by a collective agreement at the level of the industry.If, in a particular case,
  it is established that the worker has worked more than full-time, the nature of
  the remuneration for this work depends on the provisions of the regulations which
  may already determine the nature of this remuneration, or on whether the work is
  overtime or overtime in substance.'
Text file: 834.txt
Title: Paying "peak" hours as overtime
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=834
