Labour Inspectorate activity report 2019

Topping the list of violations in the Labour Inspectorate (IRSD) report were those related to payments for work, including annual leave allowance and late payday payments.

Numerous irregularities were also identified with regard to working hours and the provision of breaks and rest periods. Underpinning these violations were failures to keep records or keep proper records (which also included “doctored” records). The IRSD attributes these violations mainly to inadequate legislation, which is why, together with the competent ministry (MDDSZ), they are planning amendments to the Labour and Social Security Registers Act. Thus, going forward we can expect to see more “definite” or “stringent” record-keeping rules. We believe it would also be prudent to place some responsibility for record keeping in the hands of employees, rather than “additional obligations” for employers.

In 2019, the IRSD also continued to reckon with so-called “precarious” forms of work (there is still no legal definition of precarious work in Slovenia). Precarious work is work performed under an agreement (other than an employment contract), despite having all the features of an employment relationship and should therefore be regulated by an employment contract. Compared to previous years, 2019 saw an increase in employee leasing, in violation of the Labour Market Regulation Act, with companies or employers that are not registered as employment agencies leasing workers by way of service contracts, where de facto relationships fulfil all the signs worker leasing, albeit it unlawfully.

It is worth mentioning that, compared to 2018, the IRSD recorded a significant increase in the number of new complaints, which suggests a growing awareness among employees of their rights and obligations.

The IRSD report noted some, albeit sluggish, progress in the field of occupational health and safety, but found that employers are still not aware of all their occupational health and safety responsibilities. The most widespread violations concern risk assessment procedures (contents and revisions), provision of health care to employees (preventive and regular check-ups) and safe work training for employees (implementation and training programme, provision and verification of qualifications, etc.). The IRSD report concludes that employers have little regard for the contents of such documents and bye-laws, instead placing all the emphasis on acquiring certified status. Against that background, the IRSD plans to take a closer look at awareness levels among and the professional qualifications of employers and employees’ representatives, together with professionals, occupational medical practitioners and other professional organizations working in this field.

As in previous years, the number of regular, spot and compliance inspections and the number of fines imposed is increasing year-on-year, with the same / similar employer violations cropping up each year. Therefore, it is not surprising that the IRSD is drafting proposals for changes or amendments to the relevant regulations, which should serve to regulate the additional obligations of all involved (employer, occupational safety and health professionals, occupational medical practitioners, etc.) and (most likely) higher fines for (repeated) infringements.

During 2020, the IRSD is conducting a comprehensive review of compliance with the provisions and the adequacy of documentation drafted under anti-corona legislation, i.e. under the Act Determining the Intervention Measures to Contain the COVID-19 Epidemic and Mitigate its Consequences for Citizens and the Economy (ZIUZEOP), Act Determining the Intervention Measures to Mitigate and Remedy the Consequences of the COVID-19 Epidemic (ZIUOOPE), etc. In light of that development, we urge all employers that are applying for or have applied for subsidies or any other assistance under anti-corona legislation, to keep proper records, ensure they notify the Employment Service of Slovenia before recall employees (for part-time workers or those on stand-by at home), so that workers are not directed to work overtime if they could do the work in tandem with the stand-by employees, etc.