THE HIGH COURT IN KOPER RULED, THAT THE OMISSION OF USING PROTECTIVE MASK IS NOT A MINOR OFFENCE
The High Court in Koper (hereinafter: VSK) in the appeal procedure, under reference number VSK Judgment PRp 24/2021, decided on a request for judicial protection against a payment order due to the minor offence of omission of using a protective mask in open public places. The VSK granted the request for judicial protection and stopped the proceedings because such an act is not a minor offence under Slovenian Minor Offences Act.
With the appealed judgment, the District Court in Ajdovščina rejected the perpetrator's request for judicial protection. The perpetrator was issued a payment order for a minor offence under point 14 of the first paragraph of Article 57 of the Slovenian Communicable Diseases Act (hereinafter: ZNB), because he did not wear a protective mask and thus acted contrary to the Government Decree on temporary measures to reduce the risk of infection and the spread of SARS-Cov-2 virus infections ('the Government Decree') in force at the time of the service.
The VSK had to change the appealed judgment already at the official examination of the judgment.
In its judgment of 18 March 2021, the Court of Appeal emphasized that a minor offence is prescribed by law, and the content of an individual provision of a law may be supplemented by a decree issued by the Government of the Republic of Slovenia or an individual minister (when such a provision in law constitutes a blanket norm and a decree a supplementary norm). In doing so, the second regulation to which the blanket norm refers must remain within the scope of the referral. Namely, if the second regulation extended the field of criminality as outlined by the substantive regulation which determines the minor offence, it would be a disseminating interpretation, which is not admissible in criminal law.
In the decision-making process, the Court of Appeal finds that the regulation (Government Decree) stipulating the mandatory use of protective masks was not issued within the referral under Article 39 of the ZNB and consequently does not constitute a minor offense under point 14 of the first paragraph of Article 57 of the ZNB. It follows that the violation of the rules on the use of masks is not defined as a minor offence in any regulation, so the court of appeal had to change the judgment ex officio when resolving the appeal. It granted the request for judicial protection and stopped the minor offence proceedings.
THE MINIMUM WAGE IN 2021 AND THE POSSIBILITY OF SUBSIDISATION
The minimum wage in 2021 for full-time work is 1.024,24 EUR gross or 736,00 EUR net. The provision of the minimum wage is applicable to full-time work performed from 1 January 2021 onwards.
The basic law in this area is the Minimum Wage Act (ZMinP), which determines the right to a minimum wage and the manner of its determination and publication. An employee is entitled to at least the minimum wage for work performed if he or she works full-time with an employer in the Republic of Slovenia. In the case of part-time work, the worker is entitled to a proportionate share of the minimum wage.
On the basis of Article 29 of the Law on additional measures to mitigate the effects COVID-19 (ZDUOP) for each employee whose salary for full-time job, free allowances and part of the salary for work performance and business performance, does not exceed the amount of 1.024,24 EUR gross, the employer is entitled to reimbursement of the minimum wage in the form of a monthly subsidy of EUR 50. The subsidized minimum wage 2021 also belongs to a worker who has a part-time employment contract. The employer must not initiate the procedure of termination of the employment contract during the period of receiving the subsidy and for a further three months thereafter.
In order to obtain the minimum wage subsidy, the employer submits a statement to the FURS via the eDavki portal, stating that he has calculated and paid the employee the salary referred to in the first paragraph of Article 29 of the ZDUOP. The employer is criminally and materially liable for the correctness of the statement. The employer submits the statement no later than the end of the month for the minimum wage subsidy for the previous month, but no later than 31 July 2021. The employer submits the statement for each month separately, but can also submit statements for several months at a time after the payment of the salary and the submission of the REK, but no later than 31.7.2021. The statement is available on eDavki.
The subsidy does not belong to those employers who are direct or indirect users of the budget of the Republic of Slovenia. It also does not belong to users of municipal budgets, foreign diplomatic missions and consulates, international organizations and their missions, and EU institutions, bodies and agencies in the Republic of Slovenia.
New Special construction practices 2020
Last month new Special construction practices were published in Slovenia. As the first published national practices on this field, they represent an important change in terms of structure and predictability of construction services. Prior to that, Special construction practices of Yugoslavia, published in the Official Journal of the SFRY in 1977, were used, which expired on the day the Special construction practices of 2020 entered into force on 21 December 2020.
Special construction practices are published on the web pages of the Chamber of Commerce and Industry of Slovenia and the Chamber of Craft and Small Business of Slovenia.
In construction contracts, provisions of Special construction practices are applied if the contractors agree to their use. The consent is presumed if their use is not excluded in the contract, either in part or in full. Therefore, to exclude its application, the contractors must explicitly specify it.
Among other things, Special construction practices regulate elements of the construction contract, invoicing, warranty periods in which the contractor guarantees for the performed work, … An important novelty is the definition of the contract with a "turn-key" clause.
In case of any questions or need for advice you can contact our lawyers either by phone: +386 (0)5 901 14 62 or by email at: firstname.lastname@example.org.
Law Office Kavalič d.o.o.