Change in Act on Records in the Field of Labor and Social Security (ZEPDSV-A)

Nejc Jarm

The Law on Amendments and Additions to the Law on Labour and Social Security (ZEPDSV-Ahas recently been published. This law brings a number of key changes that affect your business.

The Act was published on 5.5.2023 in the Official Gazette of the Republic of Slovenia, No 50/2023, with entry into force on the fifteenth day following its publication, and will apply six months after its entry into force, i.e. from 20 November 2023.

Key developments on the new rules

1. Completion of the definition of worker

One of the key innovations introduced by the Law is the amendment of the definition of worker. A worker is now also considered to be someone who performs work for an employer on another legal basis, provided that he or she is personally involved in the employer's work process or predominantly uses means of work which are part of the user's work process.

2. The time limit for the transmission of data to the EHIC is harmonised

In addition, the deadline for the transmission of data to the Health Insurance Institution of Slovenia (ZZZS) has been changed. Employers are required to transmit data from the register of employees to the ZZZS on the day of the commencement of work under the employment contract, but at the latest before the commencement of work. In the event that the employee does not start work on the day of commencement of work for justifiable reasons, the employer shall provide the information no later than on the day agreed as the day of commencement of work in the employment contract. The information must be provided at the time of registration for insurance on the prescribed forms.

3. Extended data set for working time records

In addition, the set of data to be entered in the working time record for each worker has been significantly extended. The new requirements include the recording of the time of arrival at and departure from work, the use and extent of use of breaks during working time, the hours worked in other special working conditions (such as night, Sunday, shift, holiday work and other forms of scheduling provided for by law or collective agreement), the hours worked in irregularly or temporarily staggered working time and the running total of hours in a week, a month or a year.

An employer who does not keep records of working time electronically shall enter the information referred to in Article 18(1)(12) (the running total of hours in a week, month or year, showing the reference period to be taken into account for the purposes of the irregular distribution and the temporary redeployment of full-time work) on a weekly basis.

It also lays down the employer's obligation to provide the worker with access to the information in the working time record relating to him. The employer shall inform the worker in writing of the information contained in the working time record for the previous month by the end of the payday. The amendment to the law also includes an obligation for the employer to keep the working time record and the documentation on the basis of which the data are entered in the working time record at the worker's registered office or place of work.

4. Introducing mandatory electronic record-keeping for offenders

Electronic record-keeping of working time has been made compulsory for employers who will be fined for infringement of working time provisions under the ZDR-1 or for record-keeping under the ZEPDSV.

Employees also have the possibility to submit a proposal for the introduction of electronic working time record-keeping through their trade union, works council or worker's representative. If the employer rejects the proposal, it must justify its decision in writing and notify the labour inspectorate of the rejection.  An employer who accepts the proposal to introduce electronic working time record-keeping shall be obliged to start electronic working time record-keeping within three months of the expiry of the time limit referred to in Article 19b(1).

5. Obligation to inform and make known to the worker the information contained in the record

The direct electronic access by the employee to the working time record provided by the employer to the working time record shall also be deemed to fulfil the obligation to give written notification of the information contained in the working time record for the preceding month. The employee shall exercise direct electronic access without the employer being present.

6. New fines for offences

The Act also introduces new fines for misdemeanours and certain offences relating to record-keeping and the electronic method of keeping records of working time.

The full text of the Act can be found on the website of the Official Gazette of the Republic of Slovenia: ZEPDSV-A.

Prepare in good time for the changes under the new legislation. Grant Thornton can advise you on how to implement the changes in your business.