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Factsheet for measure SI-2021-28/1948 Updated – measures in Slovenia

Wage related compensation due to force majeure

Nadomestila plač delavcem zaradi višje sil

Country Slovenia , applies nationwide
Time period Temporary, 07 July 2021 – 31 March 2022
Context COVID-19
Type Legislations or other statutory regulations
Category Employment protection and retention
– Income support for people in employment (e.g., short-time work)
Author Maja Breznik (University of Ljubljana) and Eurofound
Measure added 11 July 2021 (updated 15 June 2022)

Background information

In response to the COVID-19 crisis, the government adopted a ‘temporary layoff scheme’ and reimbursement of wage compensations to workers who cannot work due to force majeure. On the 30 June 2021, the temporary layoff scheme has expired (see Eurofound website, Case SI-2020-11/436 ), but some other wage related compensations have remained in force. They address workers who cannot work due to force majeure: workers who look after children during the closure of schools and kindergartens; workers who cannot come to work on the grounds of the suspension of public transport or ban on the border crossing; workers in quarantine.

Content of measure

Urgent Health Measures Act (ZNUPZ), adopted by the Parliament on 7 July 2021, has extended wage related compensation due to force majeure . Employers may request wage compensation for workers in the following situations:

  1. Parents and foster parents who are not working if they look after children during the closure of schools and kindergartens or if their children are in quarantine. Eligible are children up to the fifth class of the primary school and disabled children of all ages;
  2. Workers who cannot come to work on the grounds of the suspension of public transport or ban on the border crossing;
  3. Workers who are in quarantine and cannot work at home.

Wage compensation is limited to 80% of the wage basis but cannot be lower than a minimum wage. An exception is a worker who is in quarantine after contact with an infected person in the workplace. In this case, the worker receives full wage compensation.

The measure addresses all companies apart from companies, directly or indirectly financed by the state budget, financial and insurance companies with more than ten employees, embassies, and foreign organisations.

Updates

The following updates to this measure have been made after it came into effect.

27 December 2021

The tenth COVID-19 law (ZDUPŠOP), adopted by the Parliament on 27 December 2021, extends wage-related compensation due to force majeure until 31 March 2022. The government can prolong the measure for another three months upon decree.

Since 4 December 2021, also self-employed, entrepreneurs/associates and farmers are entitled to wage-related compensation due to force majeure. The compensation amounts to €250 for a ten-day quarantine, €500 for a twenty-day quarantine and €750 for a month ( Urgent Health Measures Act , ZNUPZ). Partial compensation for the lost income is extended until 28 February 2022 ( Decision on the extension of the measure of partially damaged lost income for the duration of quarantine at home or inability to perform work due to force majeure due to the obligation of childcare , adopted on 23 December 2021).

21 September 2021

The web portal MMC RTV stressed that only employees are entitled to wage-related compensation due to force majeure. The ministry of economy proposed self-employed to be eligible for this measure, but the government disagreed. The discriminatory measure particularly hurts self-employed persons who cannot work at home. Workers who are employed with the self-employed person can get compensation.

27 November 2020

The sixth COVID-19 law (ZIUOPDVE), adopted by the Parliament on 25 November 2020, gives partial compensation for the lost income to self-employed, associates and farmers. Entitled are persons who are in quarantine, whose children are in quarantine or whose children cannot go to school or kindergarten due to force majeure (eligible are children until fifth grade and disabled children). The compensation amounts to €250 for a ten-day quarantine, €500 for a twenty-day quarantine and €750 for a month. The measure is valid until 30 June 2021

Use of measure

Employment Service of Slovenia administers employers’ requests for compensations. The measure is valid until 31 December 2021.

Target groups

Workers Businesses Citizens
Applies to all workers Applies to all businesses Does not apply to citizens

Actors and funding

Actors Funding
National government
European Funds
National funds

Social partners

Social partners' role in designing the measure and form of involvement:

Trade unions Employers' organisations
Role No involvement Consulted
Form Not applicable Direct consultation outside a formal body

Social partners' role in the implementation, monitoring and assessment phase:

  • No involvement
  • Main level of involvement: Peak or cross-sectoral level

Involvement

The ninth COVID-19 law was adopted without the Economic and Social Council (ESS) involvement. Trade unions left ESS on 14 May 2021, accusing the government of breaching the rules on tripartite social dialogue and sending laws to the parliament without prior negotiations in ESS. Apart from procedural breaches, tax reform was one of the content-related issues which drove trade unions into conflict with the government. They oppose the introduction of the social security cap and other ‘tax gifts’ on the ground that tax cuts would generate a hole in tax revenues and jeopardize social services. They announced the escalation of social conflicts in the following months.

Views and reactions

Employer organizations proposed a one-time grant for all companies, partially or fully prevented from operating their economic activities due to confinement measures. Their proposal was not accepted. Not accepted were also their proposals to extent temporary layoff scheme (see [Eurofound website, Case SI-2020-11/436] (https://static.eurofound.europa.eu/covid19db/cases/SI-2020-11_436.html)) and a €50 reimbursement of the minimum wage (see [Eurofound website, Case SI-2021-1/1781] (https://static.eurofound.europa.eu/covid19db/cases/SI-2021-1_1781.html) until 31 December 2021.

Sources

  • 01 July 2021: Representative employer organizations, Press Releas (www.zds.si)
  • 07 July 2021: Zakon o nujnih ukrepih na področju zdravstva (Urgent Health Measures Act, ZNUPZ (www.pisrs.si)
  • 21 September 2021: MMC RTV, Samozaposlenim za čas v karanteni nadomestilo ne pripada [Self-employed in quarantine are not entitled to wage related compensation (www.rtvslo.si)
  • 23 December 2021: Sklep o podaljšanju veljavnosti ukrepa delno povrnjenega izgubljenega dohodka za čas trajanja karantene na domu ali nezmožnosti opravljanja dela zaradi višje sile zaradi obveznosti varstva otroka iz Zakona o nujnih ukrepih na področju zdravstva (Decision on the extension of the measure of partially damaged lost income for the duration of quarantine at home or inability to perform work due to force majeure due to the obligation of childcare), Official Gazette RS, No. 201/202 (www.pisrs.si)
  • 29 December 2021: Act on Additional Measures to Stop Spreading and Mitigate, Control, Recover and Eliminate the Consequences of COVID-19 (Zakon o dodatnih ukrepih za preprečevanje širjenja, omilitev, obvladovanje, okrevanje in odpravo posledic COVID-19, ZDUPŠOP), Official Gazette, No. 206/200 (www.pisrs.si)

Citation

Eurofound (2021), Wage related compensation due to force majeure, measure SI-2021-28/1948 (measures in Slovenia), EU PolicyWatch, Dublin, https://static.eurofound.europa.eu/covid19db/cases/SI-2021-28_1948.html

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