Non and late payment of salaries still the most common violation
The Labour Inspectorate of the Republic of Slovenia (IRSD) states in its report that, despite improved economic conditions, only slightly fewer applications – 6,376 were received in 2016 compared to the preceding year. Inspectors carried out over 14,600 inspections and found a total of more than 33,300 different infringements for which they imposed just under EUR 3.3 million in fines.
The most common infringements are failure to pay salaries or late payment of salaries, holiday pay and other bonuses, violations of general rules on employment (e.g. unlawfully concluded fixed-term employment contracts, conclusion of part-time contracts although the employee works full time), failure to keep proper employment and social security records and violations with respect to working time and provisions on breaks and rests. The IRSD also draws attention to the problem of disguised employment (e.g. engaging the service of students, sole proprietors or other persons instead of employing new workers) and to violations of the rights of posted workers. With regard to occupational health and safety violations, the IRSD emphasizes, in particular, that necessary measures are not implemented in practice or that they are done so inadequately.
Based on the recently adopted »small labour market reform«, the IRSD was vested with new powers following the amendments to the Labour Inspection Act (ZID-1B). As already reported, the inspectors can prohibit employers, who have failed to pay salary to their employees, from carrying on certain business activities, employing certain employees or using certain working means.
Since the second half of September 2017 employers have also found themselves on the radar of the Financial Administration of the Republic of Slovenia (FURS), which is examining the businesses of those employers who fail to submit statements on the calculation of social security contributions for their employees (e.g. REK forms). Employers who have paid salaries but forgotten to calculate and pay social contributions could face fines of up to EUR 30,000; moreover, failure to pay social contributions could constitute a criminal offence.
This year, both the IRSD and the FURS, are carrying out a number of targeted audits with a major focus on payment for work in the construction and cleaning sector.
