Background information

The tenth anti-COVID-19 law (ZDUPŠOP), issued on 29 December 2021, endows people negatively affected by COVID-19 vaccination or medical treatment with the right to monetary compensation. The statutory provision aims at helping people who suffer from ‘grave and permanent reduction in vital body functions’. It has a retroactive effect and is also valid for people vaccinated or cured before the law came into force. Those concerned are entitled to compensations based on the Communicable Diseases Act (Zakon o nalezljivih boleznih, ZNB), which guarantees payments for mandatory vaccination damages.

Content of measure

Compensation for damage caused by COVID-19 vaccination or medical treatment can be allocated to the following people:

1. People vaccinated or cured by registered vaccinations or medicines and, as a consequence of their application, suffering from grave and permanent reduction in vital functions.
2. In the case of fatality, a spouse or partner is entitled to compensation. Also entitled are parents of a child below 18 years of age and above 18 if they support the child or were sharing the same household.
3. In the case of fatality, children below 18 years of age and above 18 if the late person was supporting them are also entitled.

In the first case, the compensation is €60,000, €10,000 in the second, and €20,000 in the third. The procedure for establishing the ‘grave and permanent reduction in vital functions’ and eligibility for the compensation is the same as for mandatory vaccination damages, specified in the Communicable Diseases Act . An additional condition is the evaluation of damage to health or death by the National Institute of Public Health (NIJZ) in the case of COVID-19 vaccines and the Agency for Medical Products and Medical Devices (JAZMP) in the case of COVID-19 medicines.

Use of measure

Compensation is paid from the state budget within 30 days after the decision becomes final. The payment is exempted from the personal income tax.

Target groups

Workers	Businesses	Citizens
Does not apply to workers	Does not apply to businesses	The COVID-19 risk group

Actors and funding

Actors	Funding
National government	National funds

Social partners

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

	Trade unions	Employers' organisations
Role	No involvement	No involvement
Form	Not applicable	Not applicable

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

• No involvement
• Main level of involvement: N/A

Involvement

The law was adopted without prior consultation with the Economic and Social Council. Its functioning has been blocked since 14 May 2021, when trade unions left the council. The reason for obstruction is a dispute with the government about the role of social partners. While the government claims that social partners have only a consultative role, trade unions request negotiations. According to the trade unions, the government negates the fundamental principles of the social dialogue.

Views and reactions

No information available.

Sources

• 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)