EMCC European Monitoring Centre on Change

Zakon o finančnem poslovanju, postopkih zaradi insolventnosti in prisilnem prenehanju (ZFPPIPP); Zakon o jamstvenem in preživninskem skladu Republike Slovenije (ZJSRS)

Submitted by 86b29932f617 on Thu, 23/10/2014 - 14:20

Type:

Observatory:

Country: 
Slovenia
English name: 

Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act (ZFPPIPP); Public Guarantee and Maintenance Fund of the Republic of Slovenia Act (ZJSRS)

Body: 

The Public Guarantee, Alimony and Disability Fund of the Republic of Slovenia (hereafter the Guarantee Fund) protects claims of the employees whose employment has been terminated due to the bankruptcy proceedings, a valid decision on compulsory composition, insolvency procedure in one of the other EU Member States or the European Economic Area (the job was being carried out in the Republic of Slovenia), or the company being deleted from the court register without liquidation under the provisions of the Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act (ZFPPIPP).

The guarantee fund is used in cases of insolvency and it provides wages and compensation for the last three months prior to insolvency proceedings, compensations for work accidents and occupational diseases and unpaid severance (which is paid prior to other unsecured claims).

Coverage by the Guarantee Fund includes the right to receive payment (in total amount not exceeding four and a half minimum wages) of the:

  • unpaid wages for the period of the last three months prior to the termination of the employment relationship (maximum of three minimum wages prescribed by the Minimum Wage Act, lowered by taxes and contributions);
  • unpaid wage compansation for sick leave for the last three months before the termination of the employment relationship (maximum of three minimum wages prescribed by the Minimum Wage Act, lowered by taxes and contributions);
  • wage compensation for unused annual holidays, to which the employee was entitled in the current year (maximum of one half of minimal wage prescribed by the Minimum Wage Act, lowered by taxes and contributions);
  • severance payment, as provided by the law on employment relations (maximum of one minimum wage prescribed by the Minimum Wage Act, lowered by taxes and contributions).

The Guarantee Fund is financed (with regard to covering payments to the employees) by the state budget, by employers and by the Guarantee Fund through means of transfer and enforcement of claims from the insolvent employer.

The deadline for filing the request to enforce the above mentioned rights is 90 days after the termination of the employment relationship. The Guarantee Fund has to meet all its obligations within 30 days after the decision and the procedure is final.

Article: 

Articles 21 of the Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act (ZFPPIPP)

Aricles 16, 16a, 17, 18, 19, 13, 14, 24 and 28 of the Public Guarantee and Maintenance Fund of the Republic of Slovenia Act (ZJSRS)

Phase:

Cost covered by:

Involved actors:

Source: 

Kresal, B., 2010, Anticipating and Managing Restructuring Slovenia, 2010

Deutsch, A., 2011, Europäische Beispiele für die Insolvenzentgeltsicherung, Vienna, Federal Ministry of Labour, Social Affairs and Consumer Protection/IEF

Sargant, M., 2007, Implementation Report Directive 80/987 EEC amended by Directive 2002/74/EC on the protection of employees in the event of the insolvency of their employer in the EU Member States, Human European Consultancy/Middlesex University Business School

EMCC support of restructuring

Zakon o finančnem poslovanju, postopkih zaradi insolventnosti in prisilnem prenehanju (ZFPPIPP, Uradni list RS, št. 13/14) (SL)

Zakon o jamstvenem in preživninskem skladu Republike Slovenije (ZJSRS, Uradni list RS, št. 78/06) (SL)

Letno poročilo Jamstvenega in preživninskega sklada za 2011 (Annual Report of the Public Guarantee and Alimony Fund 2011) 

ERM database on restructuring support instruments

Involvement Other: 

Public Guarantee, Maintenance and Disability Fund of the Republic of Slovenia

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