Working time records
We would like to inform you that an amendment to the Law on Labour and Social Security Records (hereinafter: “ZEPDSV-A”) was published in the Official Gazette of the Republic of Slovenia No. 50/2023. The amendment will start to apply on 20.11.2023.
The main changes concerning the working time records are:
Definition of an employee
ZEPDSV-A provides that records must be kept for all persons who perform work for an employer on any legal basis, provided that the work is performed in a personal capacity and that they are involved in the work process or make substantial use of the employer’s resources (e.g. including student work, author’s contract, work by a managing director who is not in an employment relationship, etc.).
Additional information to be entered in the working time records
Until now, the legislation required that the working time records contain data on the number of hours worked, hours worked during overtime, hours not worked with an indication of the reason, etc. According to ZEPDSV-A, the employer must now also include the following data in the records:
- the time the employee arrives at work and the time the employee leaves work,
- the use and extent of breaks during working time,
- hours worked under special working conditions (e.g. night, Sunday, holiday work, etc.),
- the running total of hours in a week, month or year, showing the reference period to be taken into account in case of unequal distribution of full-time work.
Employer's obligation to inform the employee in writing of the data in the working time records for the previous month by the end of the payday
The employer must provide the employee with access to the data in the working time records that relates to him or her. The employer must inform the employee in writing of the data contained in the working time records for the previous month by the end of the payday. The written notification may also be sent to the employee’s e-mail address provided and mandated by the employer.
The employee may also request that the employer informs him in writing once a week about the data contained in the working time records.
The employer must keep the working time records and the documentation on the basis of which the data is entered in the records at the registered seat or the actual place of work.
Mandatory introduction of electronic working time records for employers who are fined
Employers can still keep records of working time either manually or electronically. Electronic working time records are mandatory if the employer has been fined.
In addition, the ZEPDSV-A introduces the possibility for a trade union, workers’ council or workers’ confidant to propose to the employer the introduction of electronic working time records and provides for a procedure for the consideration of such a proposal.
Fines
Offences relating to record-keeping and the electronic working time records are punishable by a fine of between EUR 1,500 and EUR 20,000 for the employer and a fine of between EUR 150 and EUR 2,000 for the responsible person of the employer.
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