Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 898
Initiative accepted and completed: '2018-04-03'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2018-03-07'
Initiative published: '2018-03-07'
Initiative submitted: '2018-03-02'
Response from the competent authority: 'Reply from the Ministry of Labour, Family,
  Social Affairs and Equal Opportunities:With regard to the question, we would like
  to start by clarifying that the Ministry of Labour, Family, Social Affairs and Equal
  Opportunities (hereinafter referred to as the Ministry of Labour, Family, Social
  Affairs and Equal Opportunities) provides non-binding legal opinions and clarifications
  of a systemic nature concerning the provisions of the law or of the executive regulations
  that fall within the scope of the Ministry''s work. Otherwise, only the National
  Assembly of the Republic of Slovenia, as the legislator, can interpret laws authentically.
  The Labour Inspectorate of the Republic of Slovenia is responsible for technical
  assistance and supervision of the implementation of labour legislation http://www.id.gov.si/,
  while specific disputed cases are resolved by the competent labour and social court.In
  the light of the above, we would like to clarify that the new Law on Pension and
  Disability Insurance (Official Gazette of the Republic of Slovenia, no. 96/12, 39/13,
  99/13 - ZSVarPre-C, 101/13 - ZIPRS1415, 44/14 - ORZPIZ206, 85/14 - ZUJF-B, 95/14
  - ZUJF-C, 90/15 - ZIUPTD, 102/15, 23/17, 40/17 and 65/17; hereinafter referred to
  as ZPIZ-2), by means of the transitional provision of Article 429, has maintained
  the provisions of Article 101.The provisions of Articles 101, 102, 103 and 104 of
  the previously applicable Act on Pension and Disability Insurance (Official Journal
  of the RS, No 109/06-UPB4 as amended; hereinafter referred to as "ZPIZ-1") shall
  remain in force until they are regulated by the Act regulating employment rehabilitation
  and employment of persons with disabilities (hereinafter referred to as "the Act
  on Employment Rehabilitation and Employment of Persons with Disabilities"). Pursuant
  to Article 101(1) of the ZPIZ-1 and taking into account the other provisions of
  the Act regulating pension and invalidity insurance rights and the provisions of
  the Labour Relations Act (Official Journal of the RS, No 21/13; hereinafter: ZDR-1),
  the employer must provide the disabled person with the right to work with the right
  to employment-related disability insurance (II. or III. category of disability,
  who has been granted disability insurance rights by a final decision and with whom
  he has an employment contract for an indefinite period of time in the territory
  of the Republic of Slovenia, must offer to perform other work at a workplace in
  accordance with his remaining working capacity and professional education or training,
  or to provide him with vocational rehabilitation or part-time work, except in cases
  where, in accordance with Article 102 of the Labour Code of the Republic of Slovenia,
  he is entitled to do so on a part-time basis. According to Article 101 of the Labour
  Code, an alternative job that is suitable for a disabled person is defined as a
  job that corresponds to his/her professional education or training and his/her residual
  capacity for work.In accordance with the aforementioned law, the employer must define
  the alternative job in such a way that it corresponds to the worker''s state of
  health or the nature of the changes in his/her state of health, as work in such
  a job must not aggravate the disability. In order for the employer to offer an employment
  contract for a job corresponding to the degree of disability of the disabled person,
  both the employer and the insured person may request a supplementary expert opinion
  from the disability commission on the suitability of the job offered (Article 181
  of the PIPZ-2).In the case where the disabled person has been granted the right
  to work in another job with restrictions and part-time work of four hours a day
  by a final decision, the worker is entitled to wage compensation for the period
  of absence from work until the commencement of part-time work in a job corresponding
  to his/her residual working capacity. The new Labour Relations Act (Official Journal
  of the Republic of Slovenia No 21/13, 78/13 - corrected, 47/15 - ZZSDT, 33/16 -
  PZ-F, 52/16 and 15/17 - Decree of the US) reintroduces the institution of temporary
  waiting for work into Slovenian labour law. In assessing the question of whether
  the institute of temporary waiting for work may be applied in the case of a disabled
  worker, account must be taken of its purpose, which is clearly stated in the provision
  of Article 138 of the ZDR-1. The first paragraph of that Article provides that,
  if an employer is temporarily unable to provide work to workers, he may, in order
  to maintain employment, place the worker on standby at home for a maximum period
  of six months in any calendar year. In the light of the above, we consider that
  the employer may use the institution of temporary homeworking in the case of persons
  with disabilities, as specially protected categories of workers, as long as the
  employer does not initiate the procedure for termination of the employment contract
  itself. The posting to standby duty must be in writing, but may also be sent electronically
  to the worker''s e-mail address, which is provided by the employer and the use of
  which is imposed by the employer. During the period of waiting for work, the worker
  is entitled to a wage allowance equal to 80 per cent of the base referred to in
  Article 137(7) of ZDR-1.From the date of commencement of part-time work, the partially
  disabled worker is paid partial compensation in accordance with Article 122 of ZPIZ-2
  for as long as the insured person is working at a job with hours corresponding to
  his/her capacity to work. The start of part-time work shall be deemed to be the
  date on which the part-time work agreed in the employment contract commences in
  a position corresponding to the insured person''s remaining working capacity, or,
  if not agreed in the employment contract, on the date on which the new employment
  contract is signed.In the light of the above, we would therefore like to make it
  clear that, in order for a decision on a category II or III invalidity to be enforceable,
  the decision must be final and not res judicata (final and binding). It is therefore
  necessary for the Slovenian Pension and Disability Insurance Institute to have issued
  a decision at second instance if the decision at first instance has been appealed.
  After that time, the employer with whom the employee has an employment contract
  of indefinite duration is obliged to provide benefits on the basis of disability
  categories II and III. However, if the employer does not have a position to which
  to assign the disabled person in accordance with the remaining working capacity
  determined by the decision of the Slovenian Pension and Disability Insurance Institute,
  the employer is obliged to pay the disabled person a wage replacement.If the employer
  is obliged to pay the disabled person a wage replacement in accordance with the
  first five paragraphs of Article 101(1)(a) of the Labour Code. In accordance with
  the Labour Relations Act, this is grounds for extraordinary termination of the employment
  contract by the insured person, and the employer is obliged to pay him the severance
  pay provided for in the case of ordinary termination of the employment contract
  for a business reason and compensation at least equal to the amount of the lost
  wages for the period of the notice period.The employer is obliged to pay the employee
  the severance pay provided for in the case of ordinary termination of the employment
  contract for a business reason and compensation at least equal to the amount of
  the lost wages for the period of the notice period.'
Text file: 898.txt
Title: 4 hour working day due to disability
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=898
