2.3.1 General findings and assessment of the situation
The key finding based on the table above is a significantly lower number of cases if compared to 2018. The reason may lie in the improvement of the economic situ- ation in the country and in general, which stimulates activity in the labour market, increases the demand for workers and reduces unemployment. A reduced number of cases examined also lowers the proportion of cases in which violations and irreg- ularities made by the authorities were established, resulting in a lower percentage of justified complaints, which amounted to 6.4 per cent in 2019, and 16.3 per cent in 2018.
On that note, we cannot overlook the fact that many questions relating to labour law were resolved during the Ombudsman’s meetings held outside the head office and in direct dialogue with complainants whom we advised about the options for resolving the situation that occurred, where they could turn for help and which legal channels are available for eliminating violations and irregularities. The majority of these cases related to employment relationships in the private sector, which is not in the Ombudsman’s direct jurisdiction.
The fundamental content of the discussed notifications and complaints by individu- als, and with regard to our own observations and media publications, referred to the circumstances of performing work or a workplace, i.e. harassment in the workplace, employer’s supervision of sick leave, problems of personal assistance providers and
CASES CONSIDERED RESOLVED AND JUSTIFIED
FIELD OF WORK 2018 2019 INDEX 19/18 NO. OF RESOLVED NO. OF JUSTIFIED SHARE OF JUSTIFIED AMONG RESOLVED
10. LABOUR LAW
MATTERS 161 124 77.02 109 7 6.4
10.1 EMPLOYMENT
RELATIONS 72 33 45.83 31 2 6.5
10.2 PUBLIC-SECTOR
WORKERS 66 61 92.42 50 5 10.0
10.3 OTHER 23 30 130.43 28 0 0.0
2.3 EMPLOYED PERSONS
personal assistants, refund of benefits for occupational rehabilitation, exploitation of people unfit to work for gainful employment, non-payment of wages, manner of paying wages, inability to take annual leave, extension of employment contract and fixed-term employment, cross-border provision of services, undeclared em- ployment, and the work of the supervisory mechanisms related to all of the above issues. In the public sector, we dealt with the following open questions which have been topical for several years: the lack of staff in social care, the situation in the Slovenian prison system and the Slovenian Armed Forces, and others.
At our own initiative, we examined four issues related to the problems and lives of a greater number of people.
In particular, we established violations of the right to legal remedy, the right to per- sonal dignity and safety, and the principle of good administration.
Cooperation with the competent authorities is assessed as good. As an ex- ample of excellent cooperation, we highlight communication with the Labour Inspectorate of the Republic of Slovenia and the Financial Administration of the Republic of Slovenia, which was implemented in written form. We met the representatives of the Health Insurance Institute of Slovenia (ZZZS), the Pension and Disability Insurance Institute of the Republic of Slovenia (ZPIZ), and the Ministry of Labour, Family, Social Affairs and Equal Opportunities (MDDSZ) in person and discussed with them current problems and options for their resolution.
There has been a significant improvement in communication with the MDDSZ, which we discussed in several past annual reports, whereby it is particularly commendable that the MDDSZ began intensively eliminating backlogs in de- cision making at the second level and the results are evident. More on this can be found in the chapter on other administrative matters.
The adoption of new legislation. As per the Act Amending the Minimum Wage Act, the definition and amount of the minimum wage changed on 1 January 2020.
The latter now amounts to EUR 940.00 and does not include benefits determined by acts and collective agreements, including the length-of-service increment, part of the wage for work performance and payment for business performance.
The hourly rate for student work is also higher as of the same date, based on the Act Amending the Fiscal Balance Act, and now amounts to EUR 5.40. The Act Amending the Labour Market Regulation Act provided for a more flexible regu- lation of the temporary and occasional work of retired persons. This change has the same temporal applicability as those mentioned above in the field of labour legislation.
The Ombudsman is pleased with the aforementioned changes as we have pub- licly stated several times that benefits should be excluded from the minimum wage; this was also stated in the 2018 Annual Report on page 254. We repeat:
the minimum wage should enable a decent standard of living for the worker and their family.
2.3 EMPLOYED PERSONS
2.3.2 Realisation of the Ombudsman’s past recommendations
Unfortunately, numerous past Ombudsman’s recommendations that refer to em- ployed persons remain only partially or even fully unrealised:
• recommendation no. 46 (2018) stating that the Government must ensure that procedures in all supervisory institutions are carried out within reasonable time limits and that the Labour Inspectorate of the Republic of Slovenia (IRSD) obtains additional staff, by reassignments where possible, has been, according to the Government’s response, partially realised due to the additional employment of inspectors for labour relations. The situation in the field of inspection overseeing the protection of health and safety at work and social inspection remained un- changed. We emphasise that the relevant recommendation of the Ombudsman remains an ongoing task of the Government;
• recommendation no. 47 (2018) states that the Government should monitor and implement measures to ensure a transparent, efficient and fast supervision sys- tem for the payment of wages, i.e. for net amounts and all withheld taxes related to wages. The Government replied that the recommendation was being imple- mented. The Ombudsman has recently received fewer complaints referring to these issues;
• recommendation no. 48 (2018) on urgent amendments to the Vocational Reha- bilitation and Employment of Persons with Disabilities Act so that persons with disabilities are entitled to a cash receipt in a proportionate share of the number of working hours, i.e. even in the case of fewer or more than 100 hours, and that lunch costs are reimbursed to persons with disabilities who receive on-the-job training;
• recommendation no. 49 (2018) that the Ministry of Justice and the Government immediately commence resolving the problem of prison officers and adopt meas- ures which will ensure the consistent protection of the rights of prison officers, protect their dignity and enable the effective operation of Slovenian prisons;
• recommendation no. 50 (2018) refers to the Government’s obligation to provide national defence security and a stable working environment. It should also supply sufficient financial, human and other resources for work in the Slovenian Armed Forces, which is an ongoing task;
• recommendation no. 51 (2018) was used by the Ombudsman to request that the Minister of Public Administration prioritises the Public Sector Salary System Act;
• recommendation no. 84 (2014) discusses necessary additional employments in the Inspection Board;
• recommendation no. 113 (2013) refers to the credible interpretation of Article 137 of the Employment Relationships Act (concerning the direct payment of benefits from the ZZZS);
• recommendations no. 110 (2013) and no. 85 (2014) concern amendments to the Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act so that non-payments for work which an individual must perform prior to submit- ting an extraordinary termination of employment relationship will also be consid- ered priority claims;
2.3 EMPLOYED PERSONS
• recommendations no. 111 and no. 113 (2013) concern amendments to the Fi- nancial Operations, Insolvency Proceedings and Compulsory Dissolution Act re- garding the state’s liability for the non-payment of severance pay in state-owned companies.
The online edition of the annual report available on the Ombudsman’s website in- cludes additional substantive explanations regarding the (non)realisation of past recommendations.
2.3.3 The Ombudsman’s new
recommendations and activities
2.3.3.1 Recommendations
On the basis of the considered topics, the Ombudsman forwards to the competent authorities the following recommendations: