Employment

Žiga Sternad Senior Associate Telehpone:  +386 (0)1 252 80 00 E-mail:  ziga.sternad@senica.si Foreign languages: English, Latin

Fields

Q&A

Disabily schemes measuers

Q: What is the amount of the subsidy undertakings for the employment of disabled workers and employers, who are employing disabled workers are entitled to under the ZIUOOPE?

A: Undertakings for the employment of disabled workers and employers, who are employing disabled workers, whom in accordance with Vocational Rehabilitation and Employment of Persons with Disabilities Act (furth. ZZRZI) the right to subsidy of minimum salary is recognised to by the Public Guarantee, Maintenance and Disability Fund of the Republic of Slovenia, are in accordance with the ZIUOOPE entitled to compensation for salary, increased by 10 % of total, otherwise corresponding amount under the validated request.

Employment centres, who, in accordance with ZZRZI obtain subsidy for salaries for disabled workers employed on safeguarded jobs by the Public Guarantee, Maintenance and Disability Fund of the Republic of Slovenia, increase the request for payment of total, otherwise corresponding amount under the validated request for the maximum of 10 %, however, total amount of paid subsidy by the Public Guarantee, Maintenance and Disability Fund of the Republic of Slovenia must not surpass 75 % of salaries of disabled workers.

Aforementioned measures are applicable for requests, submitted for salaries, paid from 1 June 2020 to including 31 December 2020.

The Government of the Republic of Slovenia may extend the said measures by a decision for a maximum period of six months. The decision shall be published in the Official Gazette of the Republic of Slovenia.

Seasonal farm work

Q: For how many days foreigner is allowed to perform seasonal farm work in the Republic in Slovenia in year 2020?

A: Regardless of the Article 28, paragraph 2 of Employment, Self-employment and Work of Foreigners Act and of the Article 45. A of Foreigners Act, foreigner is allowed to perform seasonal work in accordance with the seasonal work permit for the maximum of 150 days in year 2020. If a seasonal work is longer than 150 days, foreigner must obtain single seasonal work permit in accordance with Article 45.a of the Foreigners Act.

Subsidy for partial financing of a part-time work

Q: How does the employer exercise the right to reimbursement of paid salary
compensations?

A: An employer exercises the right to reimbursement of paid salary compensations by submitting an application in electronic form to the Employment Service of Slovenia (ZRSZ) within 8 days from entering into force of the Act for the cases when the employer exercises the right to reimbursement of paid wage compensations for the period before the entry into force of the Act, or within 8 days from the beginning of the employee’s absence due to the ordered quarantine or employee’s absence from work due to force majeure resulting from childcare obligations.

The application for all cases of ordered quarantine for which the decision is issued by 31 December 2020, may be filed within the deadline from the previous sentence, until 31 December 2020.

In the case of claiming a reimbursement of paid wage compensation due to ordered quarantine, the employer shall attach to the application:

• a copy of the decision on ordered quarantine, and
• a statement stating that it is not possible to organize work at home for the employee or the employee’s statement on the existence of personal circumstances as well.

Q: What is an employee who cannot perform work due to quarantine ordered required to do in relation to his employment?

A: An employee is obliged to inform the employer within 24 hours that the quarantine has been determined and to submit the decision on quarantine within 3 days of receipt.

The amount of compensation depends on the reason for issuing the quarantine decision and amounts to:

• 100% for an employee who has been quarantined due to contact with an infected person in the course of work (at the workplace);
• 80% for an employee who received a quarantine decision on arrival in Slovenia, if the country from which he comes at the time of his departure was on the green or orange list, and after his departure the country was on the red list and the worker who was ordered quarantine due to contact with an infected person outside of work;
• if the employee went to the country on the red list, he is not entitled to compensation, unless he went to the red country due to certain personal circumstances (death of a partner, parents, child, birth of a child or summons to court).

The self-employed are entitled to a compensation of EUR 250 for each quarantine.

Q: Is the list of funding receivers posted online?

A: Yes, the list of funding receivers under the ZIUOOPE as well as information regarding the amount of received subsidy are public information and are accessible to the public on the Employment Service of Slovenia official web side.

Q: Which authority is under the ZIUOOPE competent to carry out official control over allocation of subsidies and over implementation of a measure of temporary part-time work?

A: Control over allocation of subsidies and over a payment of subsidies under the ZIUOOPE is in Employment Service of Slovenia’s authority.

For the needs of granting subsidy and for the needs of the conduction of the control, the Employment Service of Slovenia has the right to obtain free of charge the following information regarding employees for whom employer was receiving subsidy:

– personal name,
– identity number,
– basis for insurance,
– information about an actual and full working time and
– payed salaries and payed social security contributions.

Aforementioned information Employment Service of Slovenia receives from the personal database of the Health Insurance Institute of Slovenia, Pension and Invalidity Insurance Institute of Slovenia and from Financial Administration of the Republic of Slovenia. Records of hours of work Employment service of Slovenia receives from employer.

Information Employment Service of Slovenia obtained under the ZIUOOPE, is not allowed to be distributed to third parties, except for the purpose of research in an unidentified form. Information obtained is stored for 10 years following their acquisition.

Following the expiry of the period for keeping the data, the data is blocked and furtherly processed in accordance with law, regulating the operation of public authority with documentary records archive or the handling with public archival materials.

After being blocked aforementioned data is kept for 30 years.

Inspection procedures to monitor implementation of the measure of a part-time work carries out Labour Inspectorate of the Republic of Slovenia in accordance with the law, regulating inspection control.

Q: What are the obligations of an employer, who obtains the subsidy to co-finance the part-time work? In what circumstances must employer return received subsidy?

A: During a period, employer is receiving subsidy, employer must regularly pay salaries and compensation for salaries to employees, whom part-time work was ordered to, in proportion with a time, employees are actually working and with a time employees are temporarily laid-off.

During a period, employer is receiving subsidy and also one month after that period employer is prohibited to:

-start redundancy procedures due to business reasons of employees, whom part-time work was ordered to, or start collective redundancies due to business reasons, except if the dismissal programme for redundant workers was accepted prior to 13 March 2020 and employer did not obtain subsidy for that employees under the ZIUOOPE or ZIUZEOP (violation of redundancy prohibition) and
– order over hour work, irregularly distribute or temporarily redistribute working time, if a work can be carried out with employees who are ordered a part-time work.

Employer is obliged to track working time of employees, whom part-time work was ordered to under the ZIUOOPE, in a manner that time of arrival to work or departure from work is visible. Time of arrival to work or time of departure from work must be entered in records of hours of work, which must be consistent with the actual arrival and departure time.

Employer must no later than three days after the day a part-time work was ordered to employee, notify Employment Service of Slovenia, that employer ordered a part-time work under the ZIUOOPE.

If employer acts against aforementioned, he must return received subsidy plus default interest.

Employer, who is receiving or was receiving funds under ZIUOOPE, must return whole received funds plus default interest, if procedure for liquidation in accordance with the law, regulating companies was initiated during the following periods:

– during the period in which employer benefits from aforementioned subsidy,
– in the period following the cessation of receiving subsidy, which equals the period in which employer had been receiving subsidy.

If after ZIUOOPE entered into force, profits were distributed, company purchased its own shares or its own business shares, if bonus or part of salary for business performance was paid to management in year 2020 or for year 2020, employer, who received subsidy under the ZIUOOPE, must notify Financial Administration of the Republic of Slovenia. Employer must return received funds after the notification of a decision, together with default interests, calculated from the date subsidy was received.

Q: What is the subsidy amount for a part-time work and how is it paid?

A: Subsidy is paid in different amounts, as follows:
– 448 euros per employee monthly, if employee is working from 20 to including 24 hours per week,
– 336 euros per employee monthly, if employee is working from 25 to including 29 hours per week,
– 224 euros per employee monthly, if employee is working from 30 to including 34 hours per week,
– 112 euros per employee monthly, if employee is working from 35 hours per week.

The subsidy shall be reduced proportionally, if employee is absent from work due to reasons, laid down in Article 14 ZIUOOPE.

Employer receives subsidy monthly, in a proportionate share or whole, no later than 30 days after the subsidy contract was signed.

Q: What is the procedure to obtain the grant under the ZIUOOPE?

A: In order to obtain subsidy, employer shall lodge a special application together with documentary evidence that conditions laid down in the Article 12 ZIUOOPE are met. Application must be lodged by the Employment Service of Slovenia, no later than 15 days after a part-time work was ordered.
The application shall be accompanied with following documentation:

– documentary evidence that the conditions laid down in Article 12, paragraph one are met,
– signed declaration, by which employer undertakes not to violate the prohibition of redundancies of employees, laid down in Article 18 paragraph 2 ZIUOOPE during a time employer is receiving aforementioned grants and also one month after that period,
– consent as to the publication of information laid down in Article 20 ZIUOOPE.

Employment Service of Slovenia decides on application in a form of a Decision in 15 days from the day application was received. There is no appeal against the Decision, however, administrative dispute is allowed.

In accordance with a Decision, employer concludes subsidy agreement with Employment Service of Slovenia. In subsidy agreement interrelationship, obligations and responsibilities of contract parties are determined. Subsidy agreement should contain subject of the contract, the subsidy amount, the way subsidy is paid to employer, conditions and means of a refund of the subsidy, the duration of receiving subsidy, monitoring, reporting and sanctions for violations as well as control over implementation.

Q: Is employee allowed to order, under the ZIUOOPE, a temporary part-time work to employees, who already obtain social security rights?

A: No. Under the ZIUOOPE employer cannot order a part-time work to employees, who are already work part-time and are receiving partial compensation from salary under the law, regulating pension and disability insurance or are entitled to a part-time work in accordance with law, regulating health insurance or parental protection.

Q: Can employee register as employment seeker during the time employee is working a part-time job?

A: Yes, employee can register as an employment seeker during a time a part-time work is ordered to him or her, in accordance with the law, regulating labour market and also employee can include in measures, provided to registered jobseekers.

During a full-time work, employee is not obliged to perform any activities regarding active employment policy measures in accordance with the law, regulating labour market.

If the employee is on the basis of the consensus registered as seeking an employment, the basis to calculate the amount of compensation for salary is, regardless of Article 14 paragraph 2 ZIUOOPE, determined in Article 137, paragraph seven of the Employment Relationship Act.

Q: Must a part-time work be ordered in writing? What is the substance of the order?

A: Yes, part-time work must be ordered in writing. In an order the amount of the part-time work must be determined, which shall not be shorter than half of the full working time, length and distribution of working time or the way, working time is distributed, duration of the break during the working day, the amount of the reimbursement of work related costs, employer’s option and the way of calling employee to return to work full-time and the amount of the compensation for salary.

Q: What are the rights and obligations of employees, whom temporary part-time work was ordered to?

A: Employee, whom temporary part-time work was ordered to, maintains all rights and obligations from employment relationship in the same manner as if employee would work full-time, except for those rights and obligations, that are differently regulated under the ZIUOOPE.

Under the ZIUOOPE employee, whom part-time work was ordered to, has following rights and obligations:
– a right to remuneration for a work during the time employee is actually working,
– in a remaining time, when employee is in accordance with ordered part-time work not working, employee has a right to compensation for salary, set by the law, regulating employment relationship for employer’s situation of temporary inability to provide work due to business reasons, meaning employee is entitled to compensation for salary in the amount of 80 % of his or her average salary from last three months,
– a right to a rest break during the working time in proportion with the time, spent at work,
– an obligation to start working full-time, if employer orders so.

If during a part-time work employee is absent from work from reasons, established by the law, regulating employment relationship, employee has a monthly right to compensation of salary in the amount, set forth in the law and in accordance with employee’s full-time employment contract. The basis for the establishment of the amount of the compensation for salary is calculated in accordance with the salary employee would receive, if he would be working full-time.

Q: Is the duration of a part-time work limited in time?

A: Yes. Employer can order its employees, who are full-time in employment relationship, a part-time work to 31. December 2020, however, the government has the option to extend this measure for an additional 6 months, i.e. until 30 June 2021.

Employer invokes subsidy each month for a previous month, as far as employer is meeting aforementioned conditions to obtain subsidy.

Q: Can employer order a part-time work to employees during the period of notice?

A: No. Under the ZIUOOPE employer is not allowed to order a part-time work to employees during the period of notice.

Q: What conditions must employer meet to obtain the subsidy to co-finance a part-time work?

A: The right to subsidy shall obtain an employer, who:

– is natural or a legal person and is registered in the Slovenian Business Register until 13 March 2020 and whose employees are full-time employed,
– estimates, that on a monthly basis it would not be capable to provide at least 90% of work to at least 10 % of its employees.

Direct or indirect users of State budged of the Republic of Slovenia or Municipality budged, whose share of income from public sources was in year 2019 higher than 50 percent, are not entitled to the subsidy.

Prior to reaching a decision to order a part-time work employer must consult with trade unions regarding the amount of a part-time work, the number of employees, whom part-time work will be ordered to and regarding the duration of a part-time work. If employer does not have a trade union or a Works council organised at the company prior to reaching a decision employer must inform employees in the manner customarily adopted in the company.

If circumstances, which were the grounds indicated for a decision regarding part-time job change, in particular the amount of the part-time work, the number of employees, whom part-time will be ordered to or a duration of a part-time work, employer must again consult trade union, works council or inform employees in the manner customarily adopted in the company (if neither trade unions or Works council are organised in the company).

Act Determining Interim Measures for Mitigation and Remedy the Consequences of the COVID-19

Q: Is the employer’s payment for testing a worker on COVID-19 considered as a credit rating?

A: No. According to ZZUOOP, the employer’s payment for testing a worker on COVID-19 is not considered as a credit rating.

Q: Does an employee have to obtain a sick leave certificate for any absence from work due to illness?

A: No. The novelty is the possibility of short-term absence from work due to illness without a sick leave certificate, up to three consecutive working days at most once in an individual calendar year.

Q: What is an employee who cannot perform work due to force majeure resulting from childcare obligations required to do in relation to his employment?

A: No later than three working days from the occurrence of this reason, employee must inform the employer of all circumstances that affect the occurrence of force majeure.

Q: Who is entitled to salary compensation due to ordered quarantine or inability to perform work due to »force majeure« resulting from childcare obligations?

A: An employee, one of the parents, a person who cares for and protects a child on the basis of a valid executive title in accordance with the regulations governing family relations, or a guardian who cares for and protects the child up to and including the 5th grade of primary school, who is unable to perform work due to objective circumstances (closure of kindergartens and schools) or because the child is quarantined are entitled to 80% salary compensation, which will be fully reimbursed by the state. This measure is valid from 1 September 2020 and can be enforced by any employer.

Interim measures for the self-employed and micro-enterprises - Monthly basic income

Q: In which cases must the beneficiary return the funds received?

A: 1. If since the entry into force of ZZUOOP there has been a payment of profits, purchases of own shares or own business shares, payment of bonuses to management or part of salaries for business performance paid to management in 2020 or 2020, the beneficiaries must inform FURS. The received funds must be returned after the service of the decision, together with the statutory default interest, which runs from the day of exercising the rights from this law until the day of return.

2. Failure to meet the condition of declining revenues – notify FURS no later than the deadline for submitting a tax return for 2020. The aid must be repaid within 30 days of service of the decision. After the expiration of this period, statutory default interest is charged.

If the beneficiary returns the basic income and has not submitted an application for partially reimbursed lost income (quarantine and force majeure), he may submit the application within 30 days of the return of the basic income. FURS pays the partially reimbursed lost income within 15 days of receiving the application.

Q: When can beneficiary expect payment of extraordinary assistance?

A: To a beneficiary, who submits a declaration from 1 October 2020 to 31 October 2020 for October, Financial Administration of the Republic of Slovenia pays monthly basic income on 10 November 2020.

To a beneficiary, who submits a declaration from 1 November to 30 November 2020 for October or for November or for October and November together, Financial Administration of the Republic of Slovenia pays monthly basic income on 10 December 2020.

To a beneficiary, who lodges declaration from 1 December to 31 December 2020 for October or for November or for December or for two or three aforementioned months together, Financial Administration of the Republic of Slovenia pays monthly basic income on 10 January 2021.

Q: What is the procedure for receiving extraordinary assistance?

A: In order to receive extraordinary assistance, the beneficiary must submit a statement via the information system of the Financial Administration of the Republic of Slovenia, no later than 31 December, 2020, stating that due to the COVID-19 epidemic he is unable to perform activities or performs them to a significantly reduced extent.

Q: What is the amount of monthly basic income according to ZZUOOP?

A: In accordance with the second paragraph of Article 88 of the ZZUOOP, the beneficiaries are entitled to extraordinary assistance in the form of a monthly basic income of EUR 1,100 per month, for the months of October, November and December 2020.

Extraordinary assistance in the form of monthly basic income for self-employed people who are registered in the register of self-employed in culture and are entitled to the payment of contributions for compulsory pension and disability insurance from the budget of the Republic of Slovenia, amounts to EUR 700 per month.

Extraordinary assistance in the form of a monthly basic income for beneficiaries of farmers who are exempt from the payment of employers’ contributions for compulsory pension and disability insurance amounts to EUR 940 per month.

If the beneficiary is not included in the insurance for the entire month or for the full insurance period, he is entitled to a proportional amount according to the share of inclusion in the insurance for an individual month or to the full insurance period.

The monthly basic income is reduced by the payment of partially reimbursed lost income (quarantine and force majeure).

Basic income is exempt from all taxes and contributions (exempt from the tax base).

Q: What conditions must be met by the beneficiary for the monthly basic income?

A: The condition for the monthly basic income is a decrease in the beneficiary’s income in 2020 due to the consequences of the epidemic by more than 20% compared to 2019.

If the beneficiary did not operate in 2019, he is entitled to the aid if his average monthly income in 2020 decreased by more than 20% compared to the average monthly income in 2020 until 31 August 2020.

If the condition set out is not met, the beneficiary must repay all the aid. Revenues include net sales revenues determined in accordance with the accounting rules and benefits from parental care insurance.

Q: Who is entitled to the monthly basic income under the Act Determining Interim Measures for Mitigation and Remedy the Consequences of the COVID-19 (ZZUOOP)?

A: Entitled to extraordinary assistance in the form of monthly basic income are beneficiaries, who have been registered to perform activities at least from 1 September 2020 until the entry into force of the ZZUOOP, which, due to the consequences of the epidemic, are unable to carry out their activity or carry it out to a significantly reduced extent even after the end of the epidemic, namely:

– self-employed, who is included in the compulsory pension and disability insurance on the day of the entry into force of the ZZUOOP, on the basis of Article 15 of the Pension and Disability Insurance Act,
– partner or shareholder of a company or the founder of a cooperative or institute who is a manager and is included in the compulsory pension and disability insurance on the day of the entry into force of the ZZUOOP, on the basis of Article 16 of the Pension and Disability Insurance Act, and
– farmer, who is included in the compulsory pension and disability insurance on the day of the entry into force of the ZZUOOP, on the basis of Article 17 or the paragraph 5 of Article 25 of the Pension and Disability Insurance Act.

A person who does not pay compulsory duties and does not fulfill other monetary non-tax liabilities is not entitled to basic income if he has unpaid overdue tax liabilities on the day of submitting the application.

Reimbursement of compensation for salaries paid to employees on a temporary lay-off

Q: What are the conditions to obtain State’s aid for a measure of a partial reimbursement of compensations for salaries paid to employees, who are on a temporary lay-off?

A: A measure of a partial reimbursement of compensations for salaries paid to employees, who are on a temporary lay-off under the ZIUOOPE shall be implemented in accordance with point 3.10 of the Communication from the Commission — Temporary framework for State aid measures to support the economy in the current COVID-19 outbreak.

The total amount of the co-financing of the same eligible costs, that are financed also from other public sources, must not surpass limitations, laid down in ZIUOOPE.

Subsidy may be combined with other measures, which are meant to preserve work places, however, combined support must not surpass total compensation for salary per an individual employee.

Q: What are under the ZIUOOPE the obligations of an employer, who obtains the reimbursement of compensation for salary paid to employees on a temporary lay-off?

A: During a period, employer is receiving reimbursement of compensation for salaries, employer must regularly pay compensation for salaries.

In aforementioned period employer is prohibited to order over hour work, if a work can be carried out with employees who are on a temporary lay-off.

If employer calls employee to return to work early, employer shall inform the Employment Service of Slovenia.

If employer acts against the aforementioned, employer must return received funds.

Employer, who is receiving or was receiving funds under ZIUOOPE, must return whole received funds, if procedure for liquidation in accordance with the law, regulating companies was initiated during the following periods:

– during the period in which employer benefits from aforementioned funds,
– in the period following the cessation of receiving subsidy, which equals the period in which employer had been receiving subsidy.

Employer is not allowed to lay off its employee during the time employee is receiving compensation for salary.

Q: Who conducts a supervision of the payment of the reimbursement for compensation for salary?

A: Employer, who exercises the right to the reimbursement of compensation for salary shall allow to the Employment Service of Slovenia administrative and financial supervision of the compliance with obligations from the decision. In a situation of the on-the-spot supervision Employment Service of Slovenia must be allowed to check computer programmes, documentations and procedures relating to the implementation of the ZIUOOPE.

For the needs of the supervision upon the implementation of the decision Employment Service of Slovenia has a right to obtain free of charge information on employees, who are on a temporary lay-off from databases of Health Insurance Institute of Slovenia, Pension and Disability Insurance Institute of Slovenia and Financial Administration of the Republic of Slovenia, namely:

– personal name,
– identity number,
– basis for insurance and
– information on paid salaries and social security contributions.

For a purpose a supervision of the compliance with obligations from the decision Employment Service of Slovenia has also a right to receive, directly from the employer evidence and documentation from which the manner of exercising of rights under the ZIUOOPE is showed. From aforementioned evidence or documentation employer has to cover or remove parts of documentation that are not necessary to determine the reason for termination of the employment and for service of such document.

Information Employment Service of Slovenia obtained under the ZIUOOPE is not allowed to be distributed to third parties, except for the purpose of research in an unidentified form. Information obtained is stored for 10 years following their acquisition.

Following the expiry of the period for keeping the data, the data is blocked and furtherly processed in accordance with law, regulating the operation of public authority with documentary records archive or the handling with public archival materials.

After being blocked aforementioned data is kept for 30 years.

Inspection procedures to monitor implementation of the measure of temporary lay-off under the ZIUOOPE carries out Labour Inspectorate of the Republic of Slovenia in accordance with the law, regulating inspection control.

Q: What is the procedure for employer to obtain partial reimbursement of compensation for salaries paid to employees on a temporary lay-off?

A: Employment Service of Slovenia decides about employer’s application in a period of fifteen days in a form of a decision.

Decision on the reimbursement of paid compensation for salary must include the subject, the basis for calculating the amount of the compensation for salary, content of the application for reimbursement of compensation for salary and its attachments, reasons to decline application for reimbursement, due date, the period of repaying resources that were allocated, the monitoring and reporting, sanctions for infringement of the decision and supervision upon implementation of the decision.

Employer receives partial reimbursement of a compensation for salary paid to employees monthly in proportional share or whole on the 10th day of the month following the month in which the compensation for salary was paid in accordance with the ZIUOOPE, except for employees whose compensation for salaries are not a burden of the employer.

Employer is entitled to receive reimbursement for actual hours worked per week or per month and for a public holiday and for any other non-working day in accordance with the respective law, if on that specific day employee would work.

Q: To what amount is the employer entitled to the reimbursement of compensation for salary, if employments are directly or indirectly co-financed from state budged of the Republic of Slovenia through special programmes?

A: Such employer is entitled to reimbursement of compensation for salary in proportion to the ratio between whole co-financing and actual subsidy. In the application employer shall indicate the share of financing from state budged received in the year 2019.

Q: Is employer liable for the accuracy of the declaration by which employer is exercising reimbursement of compensation for salary for employees, who are temporarily laid-off?

A: Application for the employees on a temporary lay-off shall be accompanied by declaration for which accuracy employer is liable under the criminal and substantive law and by evidence of temporary lay-off due to employer’s temporary inability to provide work because of the business reasons.

Q: In what circumstances employer is not entitled to reimbursement of compensation for salary?

A: Employers, not entitled to reimbursement of compensation for salaries are those, who:

– do not meet compulsory charges and other financial non-tax obligations in compliance with the law, regulating financial administration, which are collected by the tax authority, if employer has on a day the application is lodged unpaid obligations. Employer shall be also deemed to not meet aforementioned obligations if on a day of lodging of the application, employer did not have submitted all withholding tax returns for income of the employment relationship for a period from last five years to the day application was lodged,

– because bankruptcy proceedings have been commenced.

Q: What is the procedure to obtain reimbursement of paid compensation for salary?

A: In order to exercise the reimbursement of paid compensation for salary in accordance with the ZIUOOPE, employer shall electronically lodge a written application. Aforementioned application shall be lodged by the Employment Service of Slovenia in a period of eight days running from the day employee was ordered a temporary lay-off.

Q: Are for employees, who obtain social insurance rights, applicable any other rules regarding temporary lay-off?

A: If employee is at the time he or she has been sent on a temporary lay-off entitled to absence from work or if he or she acquires during a temporary lay-off a right of absence from work in accordance with the law, regulating health insurance or parental protection as well as a right to adequate compensation for salary or payment of contributions, compensation for salary during aforementioned period is not paid under the ZIUOOPE.

If employee had at the time, he or she was sent on a temporary lay-off or during the period of a temporary lay-off, exercised or is entitled to a part-time work and employee receives partial remuneration in accordance with the law, regulating pension and disability insurance or is entitled to a part-time work in accordance with the law, regulating health insurance or parental security, compensation for salary under the ZIUOOPE in aforementioned period is paid in proportionate share. Employee withholds the right to remuneration or payment of social security contributions in accordance with aforementioned laws in the same way as if employee would work.

Q: Is there a special procedure in accordance with which employer shall send employees on a temporary lay-off?

A: Employer temporarily lay employees off by a written notice. In the written notice employer determines the duration of the temporary lay-off, determines options and a calling method for employees to return to work earlier and determines the amount of the compensation for salary.

Q: Can employee during a temporary lay-off take the annual leave?

A: If employee in agreement with employer takes annual leave during the temporary lay-off, employee has during the period of annual leave a right to the compensation for salary in accordance with the law, regulating employment relationship.

Q: What are the rights and obligations of a temporarily laid-off employees?

A: Employee, who is on a temporary lay-off and for whom employer is receiving reimbursement of paid compensation for salary, preserves all rights and obligations from employment relationship, except for those, differently regulated under the ZIUOOPE.

On a request of the employer employee who is on a temporary lay-off has an obligation under the ZIUOOPE to return to work for up to seven working days in the current month. Prior to calling employee back to work employer has to inform Employment Service of Slovenia.

If employee’s salary was reduced due to the part-time employment, such employee is during a temporary lay-off entitled to the compensation for salary, which amount is based on salaries or on compensation for salaries basis from last three months prior to part-time work was determined.

Q: Which employer is allowed to exercise a measure of a partial reimbursement of compensation for salaries paid to employees, who are on a temporary lay-off?

A: The right to reimbursement of paid compensation for salaries can exercise each employer in the Republic of Slovenia, who is temporarily not able to provide work to its employees due to consequences of the epidemic, except:

– direct or indirect users of State budged of the Republic of Slovenia or Municipality budged, whose share of income from public sources was in year 2019 higher than 70 percent,
– employer, who pursues financial or insurance activity, which belongs to the group K under the Standard Classification of Activities, and who employed on the 13 March 2020 more than ten employees,
– foreign embassies or consulates, international organizations, representations of international organizations and institutions, organs and agencies of the European Union in the Republic of Slovenia.

Entitled to aid are employers, whose income will according to their estimation in year 2020 due to epidemic decrease for more than 10% in comparison with the year 2019. If employers did not operate in whole year 2019 or 2020, entitled to aid are those employers, whose average monthly revenue in year 2020 will due to the epidemic decrease for more than 10 % in comparison with average monthly revenue in year 2019. If employers did not operate in the year 2020, entitled to aid are those employers, whose average monthly revenue in year 2020 will due to the epidemic decrease for more than 10 % in comparison with average monthly revenue in year 2020 by the 12. March 2020. Situation, in which aforementioned condition is not met at a time of submitting annual report for 2020, beneficiary will be obliged to subsequently return all received aid.

Entitled to the reimbursement of the paid compensation for salaries to employees are also those employers, who do not meet conditions from the previous paragraph and who have the status of humanitarian organization under the Humanitarian Agencies Act.

Aforementioned revenues are meant as net sale revenues, established on the basis of rules of the accounting, and compensations from parental protection insurance.

Q: Can employer under the ZZUOOP also obtain reimbursement for compensation for salary paid to employees who are on a temporary lay-off?

A: Also, under the ZZUOOP employer can obtain the reimbursement of compensation for salary paid to employees on a temporary lay-off. ZZUOOP extends the possibility of temporary lay-off until the end of December 2020, and the government has the option to extend this measure for an additional 6 months, i.e. until June 30, 2021. An employee on a temporary lay-off is entitled to compensation of 80% of salary.

To employers, who estimate a decline in income of more than 20% in 2020 relative to 2019 (or relative to the average monthly revenues in 2019, if they did not operate throughout the whole year, or until 12 March 2020, if they did not operate in 2019), the state will reimburse 80% of the paid compensation, but not more than EUR 892.50.