Anti-corona package or the Intervention Measures Act for the right to the second wave COVID-19, i.e. "PKP4”. This act prolongs measures regarding salary compensation returns of structural unemployment due to proclaimed quarantine. In addition, the law also introduces Novelties in the part-time work period in this time of part-time work.
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Reimbursement compensation salary for workers on standby (Articles 1-12)
Every employer, whose estimated revenue of 2020 will decrease by 10% compared to 2019, in the state of RS, is entitled to the partial return of salary compensation. Furthermore, employers, whose business was not fully operating in 2019 or 2020 are also entitled to invoke the right to this measure if their 2020 average monthly revenue will contract for more than 10% compared to the previous year. This effects every standby worker, who was/is or will be put on hold and the employer cannot provide them with any form of work due to consequences of the epidemic. This excludes consulates, representative offices, state authorities, and companies classified under K category by SKD.
The employer referred to in the previous article may redirect his/her employees to standby work, nonetheless no longer than until the 31st of July 2020. The Government of RS withholds the right to extend the initiative up to twice in course of a month, yet no longer than until 30th September 2020.
Application for salary compensation enforcement must be filed in an e-form with Employment Service of Slovenia (e.g. ZRSZ). However, the employer is still obliged with having no outstanding compulsory or mandatory duties on the day of submission.
2. Compensation of wages to workers due to ordered quarantine (Articles 13-23)
The employer has the option of claiming compensation of wages to workers due to the ordered quarantine if he cannot provide workers with work at home:
- A worker who goes to a country on the green or yellow list and is quarantined when crossing the border of RS and is unable to work from home is entitled to compensation in the amount as a temporary inability to provide work for business reasons.
- A worker who has been quarantined due to contact with an infected person and is unable to work from home without coming into contact while performing work for the employer is entitled to compensation in the amount of temporary inability to provide work for business reasons.
- A worker who has been quarantined for contact with an infected person in the course of his work for the employer and who has therefore been quarantined and is unable to work from home is entitled to compensation for the salary he would receive if he worked.
- A worker who has been ordered to be quarantined for departure to a country on the red list is not entitled to salary compensation during the time of the ordered quarantine, except in the case of departure due to the personal circumstances.
The reason for ordering quarantine must be evident from the decision on ordering quarantine. A worker who has been ordered to be quarantined must notify the employer within 3 working days at the latest that he has been ordered to be quarantined.
The employer exercises the right to compensation of employees' wages due to the ordered quarantine and submits it in the electronic form to the Employment Service of Slovenia. The time limit is 30 days from the start of quarantine. Reimbursement of the paid salary compensation for the time of the ordered quarantine is returned to the employer in full. Eligibility lasts until 30 September 2020 at the latest.
3. Part-time work
The measure of part-time work is valid as set out in PKP3, however, there are few novelties;
- the employer must send a written order on part-time work to the Employment Service of Slovenia within 8 working days from the day of the order;
- if the employee is invited by the employer to perform full-time work, inform the Employment Service of Slovenia in advance.
4. Mobile application and data protection
The mobile application is made to allow anonymous recording of contact data between mobile application users and to inform users about contacts with other mobile application users who are positive for SARS-CoV-2 virus or have been quarantined, but must not allow identification user, collecting information about his location and his other personal data, so the user is assigned a random identification code at the time of its installation.
The law stipulates that the provisions of temporary waiting for work apply from 1 July onwards, while the other provisions would enter into force on the day following their publication in the Official Gazette.
The law was published on July 9, 2020, and came into force the following day.
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Source: Official gazette