The Government proposes to the National Assembly that it endorse the amendment to the Foreigners Act following reconsideration.

The Government of the Republic of Slovenia has adopted an opinion on the request of the National Council of the Republic of Slovenia for the National Assembly of the Republic of Slovenia to reconsider the Act Amending the Foreigners Act (ZTuj-2H), and forwarded it to the National Assembly of the Republic of Slovenia. 

The Government proposes to the National Assembly that it endorse the amendment to the Foreigners Act (ZTuj-2H) following reconsideration.

With regard to the statement that a 'survival level' of Slovenian language proficiency is not professionally defined, the Government explains that this concept is being defined in the Act. A survival level is a level that allows basic communication in the Slovenian language, limited to simple, predictable, everyday situations in which expression is routine and repetitive.

The Government explains that the Minister responsible for education determines the criteria for the non-formal adult education programme, including the proficiency standards for the language test, which is, as a rule, taken after the completion of the education programme. The document issued by the Minister will also lay down the minimum duration of the courses (hours). The criteria to be determined by the Minister will be drawn up by the Slovenian Institute for Adult Education and the National Education Institute, which also develop the education programmes.

The Government explains that, in the process of preparing the integration strategy, it has been recognised that the integration of family members of third-country nationals depends, in the initial phase, on knowledge and understanding of the Slovenian language at the most basic level. In the initial phase of family reunification, family members will thus have the opportunity to attend a Slovenian language course which will enable them to acquire language skills at a survival level. Family members will also be able to upgrade their level of language proficiency in more advanced programmes at a later stage.  The education programme, which will enable family members to learn the first basics of the Slovenian language, also provides for a written test at the end of the programme, which will take into account the proficiency standards set by the Minister responsible for education. As the written test will not be certified under the Common European Framework of Reference for Languages, the certificate of successfully passing the test will only be valid for the purpose of the procedure for the renewal of a temporary residence permit for the purpose of family reunification, and will have no other validity for a family member who is a holder of a temporary residence permit.

Source:  Ministry of the Interior

The Government proposes to the National Assembly that it adopt the amendment to the Employment Relationships Act

At the correspondence meeting, the Government of the Republic of Slovenia adopted an opinion on the request of the National Council of the Republic of Slovenia for the National Assembly of the Republic of Slovenia to reconsider the Act Amending the Employment Relationships Act (ZDR-1D), which has been submitted to the National Assembly by the Government, and forwarded it to the National Assembly of the Republic of Slovenia. The Government proposes to the National Assembly that it adopt the Act Amending the Employment Relationships Act.

The Government's opinion summarises the key solutions that have been included in the ZDR-1D amendment, including the reasons for its adoption. In the opinion, the Government further explains the legislative process in terms of the drafting of the draft act and the social dialogue process. It also states its position on the National Council's statements concerning the comments made by the Legislative and Legal Service of the National Assembly.

The amendments to the Employment Relationships Act are necessary in order to implement Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union and Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU. The amendments to the ZDR-1 are also necessary in order to correct the inconsistencies with EU law due to the incorrect transposition of some other directives.

In addition, in order to provide additional legal certainty for workers, the ZDR-1D provides for an upgrading of the procedure for the ordinary termination of an employment contract due to misconduct.

The ZDR-1D provides for the suspension of the effect of the termination of an employment contract for workers' representatives, namely, if the workers' representative claims the illegality of the termination of his or her employment contract in court proceedings, the suspension of the effect of the termination of the employment contract is extended until the decision in the dispute is issued at the first instance, or for a maximum period of six months, and at the same time, the compensation of the workers' representative's salary during the period in which they are prohibited from working by the employer is increased to 80 per cent of the base referred to in paragraph seven of Article 137 of the ZDR-1.

The ZDR-1D also introduces the right to disconnect, providing for the employer's obligation to ensure the worker's right to disconnect, so that the worker is not at the employer's disposal when exercising the right to rest or justified absences from work, and the employer's obligation to take appropriate measures in order to give effect to the right to disconnect.

The ZDR-1D also provides for special labour law protection for workers who are victims of domestic violence.

With regard to social dialogue, the Government explains that the Ministry of Labour, Family, Social Affairs and Equal Opportunities ensured and promoted social dialogue and took into account the wishes of the social partners at the ten official meetings of the negotiating team of the Economic and Social Council (ESC) for drafting the amendment to the ZDR-1, which took place from 9 December 2022 onwards, resulting in the preparation of two compromise versions of the draft act.  

It should be noted that employers have delayed and blocked the negotiations by not appointing their representatives to the negotiating team. In fact, the negotiating team was set up at the meeting of the ESC on 23 September 2022 and the first meeting of the negotiating team took place on 9 December 2022, since, despite the tripartite decision to set up the negotiating team, the employers' side did not submit the names of their representatives. In addition to not appointing members to the negotiating team, they have delayed and blocked the negotiations by demanding the right to veto measures in the draft amendment and by coming to the negotiations without mandates.

The Ministry, on the other hand, made every effort to reach a consensus, even offering the narrowest possible package of measures to prevent the trade union side from withdrawing from the social dialogue; in that package, 13 of the 16 measures that were not linked to directives have been excluded from the set of measures in the last compromise version.

According to the text of the draft act, which was submitted for public debate on 26 June 2023, a number of measures have been excluded precisely because of the attempt to seek consensus. These include, among others, lowering the lower limit for reducing full-time hours and the right to 48 hours of uninterrupted weekly rest.

The Government of the Republic of Slovenia proposes to the National Assembly of the Republic of Slovenia that it adopt the Act Amending the Employment Relationships Act.

Source:  Ministry of Labour, Family, Social Affairs and Equal Opportunities