Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 998
Initiative accepted and completed: '2020-05-29'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2020-02-14'
Initiative published: '2020-02-14'
Initiative submitted: '2020-02-13'
Response from the competent authority: Answer from the Ministry of Labour, Family,
  Social Affairs and Equal Opportunities:The legal basis for the implementation of
  personal supplementary work (hereinafter referred to as ODW) and all procedures
  related to it is the Act on the Prevention of Illegal Work and Employment (Official
  Gazette of the Republic of Slovenia, No. 32/14, 47/15 - ZZSDT and 43/19, hereinafter
  referred to as the "ZPDZC-1") and the Rules on Personal Complementary Work adopted
  on the basis of this Act (Official Gazette of the RS, No. 94/14, hereinafter referred
  to as the "Rules").Pursuant to Article 12(1) of the ZPDZC-1, in conjunction with
  point 4A of Annex 1 of the Rules, occasional instruction to assist in the fulfilment
  of school or study obligations is also considered to be ODD. The above-mentioned
  work may be performed provided that it is not performed for a legal person, a foreign
  legal entity or a self-employed person (Article 12(2) of the ZPDZC-1).The individual
  (who will perform the work) must notify the Agency of the Republic of Slovenia for
  Public Legal Records and Services (hereinafter referred to as "AJPES") of the ODD
  before commencing the work. The notification shall be made via the AJPES web portal
  or in person at the administrative unit which shall make the notification for the
  individual via the AJPES web portal.The legal performance of ODD is also subject
  to the condition that the individual has obtained a valuation certificate in advance.
  The valuation card can be purchased at the time of notification of ODD, but at the
  latest before the start of the work. In the case of works carried out for known
  clients - works under point A (services), the client must purchase the valuation
  card.The valuation card is valid for a calendar month for each ODD contractor. If
  the value is paid mid-month, it shall be valid from the date of acquisition until
  the end of the current calendar month. In the case where an individual cleans several
  times in a month, e.g. for the same client, the client shall purchase one value
  card. However, if the individual instructs several times a month, e.g. for different
  subscribers, each subscriber must purchase a value for the individual. The one value
  card purchased by the client for each ODS provider is valid regardless of the number
  of works performed, regardless of the volume of work and regardless of the amount
  of remuneration for the work performed.In our view, the agreement on the volume
  of work and the price for the work performed is part of the agreement on the performance
  of the personal supplementary work, and it is therefore reasonable to include in
  the framework of this agreement the agreement on the prior purchase of a value card
  as a condition for the performance of this work.While we do not see any major deviations
  or anomalies in the monitoring of the implementation of the ODS as highlighted in
  the proposal, we do not consider that any changes to the legislation are necessary
  at this point in time.
Text file: 998.txt
Title: RATIOS - Personal supplementary employment
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=998
