PUBLIC SECTOR SALARY SYSTEM ACT
UNOFFICIAL CONSOLIDATED TEXT (ZSPJS-NPB16)
I. GENERAL PROVISIONS Article 1 (Content and objective of Act)
(1) This Act regulates the system of salaries for officials and public servants in the public sector, the rules for stipulating, calculating and paying such salaries, and the rules for stipulating the amount of funds for salaries. The Act also defines the procedure for altering the ratios between the salary groups and salary subgroups in the public sector.
(2) The Act sets out the common basis for the public sector salary system in order to apply the principle of equal pay for work in comparable positions, titles and functions and to ensure the transparency of the salary system and salary incentives.
Article 2 (Explanation of terms)
The individual terms shall be defined as follows pursuant to this Act:
1. Pursuant to this Act, the public sector comprises: - state bodies and self-governing local authorities (hereinafter local authorities), - public agencies, public funds, public institutes and public commercial institutes, and - other persons under public law that are indirect users of the national budget or local authority budgets. Public enterprises and companies in which the state or a local authority holds a majority stake or a predominant influence shall not be deemed part of the public sector pursuant to this Act.
2. Budget users pursuant to this Act are state bodies and local authorities, public agencies, public funds, public institutes and public commercial institutes, and other persons under public law that are indirect users of the national budget or local authority budgets.
3. Officials are persons who obtain a mandate to perform functions through general elections, persons who obtain a mandate to perform functions of the executive or judicial branches of power through election or appointment at the National Assembly of the Republic of Slovenia (hereinafter the National Assembly) or at a local authority representative body, and other persons who are, in accordance with the law, elected or appointed officials by those responsible for the legislative, executive or judicial branches of power.
4. A public servant is any employee, with the exception of an official, who concludes an employment contract in the public sector specified in point 1 of this article.
5. The catalogue of functions, positions and titles is a list of functions, positions and titles in the public sector.
6. The system of positions is an act in which the positions required for performing the tasks of a state body, local authority administration or a person under public law are defined in accordance with the internal organisational structure, including a description of the conditions for occupying the positions, the tasks in individual positions and the salary grades.
7. A position is the lowest organisational unit in the organisational structure with defined principal tasks within the framework of the field of work or professional field.
8. A title is the name a public servant acquires upon appointment, election, conferral or promotion in accordance with the law. Work posts in accordance with the law governing promotions in the Slovenian Armed Forces shall be considered positions for the purposes of this Act.
9. The level of difficulty of a position, title or function is the primary factor for stipulating the basic salaries on the salary scale. It is determined using the level of difficulty of the tasks and the required level of training deriving therefrom (the professional qualifications required, the necessary additional skills and experience), the responsibility, the authorisations and restrictions, the physical and mental exertions, and environmental influences.
10. A salary group consists of functions or positions and titles typical of an activity or positions of the same type within all activities. A salary group shall be divided into salary subgroups with regard to the common features of the functions, positions and titles.
11. The salary scale consists of salary grades.
12. A salary grade is a part of the salary scale that has a value expressed in a nominal sum.
13. The basic salary is the portion of the salary received by a public servant or official in an individual position, title or function for work performed during full-time work hours for the expected work results in an individual month. Promotion of a public servant or official is also counted in the basic salary.
14. Performance-related pay is the portion of the salary that can be received by a public servant for above-average success in performing his work in a specific period.
15. Bonuses are the portion of the salary of a public servant or official awarded for special conditions, danger or burdens that are not taken into consideration in evaluating the level of difficulty of the position, title or function.
16. The masculine Slovene terms used for a public servant, official, director, principal, and secretary at a university or other tertiary education institute (hereinafter secretary), and other phrases in masculine grammatical forms shall be deemed to apply equally to men and women.
Article 3 (Stipulation of salaries)
(1) The salaries of public servants and officials working at budget users shall be stipulated pursuant to this Act. The salaries of public servants for work abroad shall be stipulated by government decree. The provision referred to hereinabove shall also regulate salaries of officials who are posted to perform work abroad and whose function during the posting has a standstill status in accordance with the law.
(2) The salary shall be stipulated via an employment contract, decision or resolution by determining the legal basis in the employment contract, decision or resolution for stipulating the salary and individual parts thereof, the salary grade and other salary elements in accordance with this Act, regulations and other acts issued on their basis and collective agreements. The contract, decision or resolution shall further stipulate the amount of individual salary elements on the day of concluding the contract or issuing the decision or resolution and the adjustment of salaries.
(3) The employment contract, decision or resolution shall not stipulate the salary of a public servant or an official in a different amount than stipulated by the law, regulations and other acts issued on their basis and collective agreements.
(4) The employer shall notify the public servant or the official about any changes in salary that are the result of changes to an act, regulation or another act issued on their basis or a collective agreement by written notice including a written proposal of a corresponding annex to the employment contract, decision or resolution within 15 days after such an act or collective agreement has been enacted.
(5) If the provision regarding the salary in the employment contract, decision or resolution is contrary to the provisions of the third paragraph of this article, the provisions of acts of law, regulations and other acts issued on their basis and collective agreements that determine the salary of a public servant or official as the component part of such a contract, decision or resolution shall apply.
(6) The provisions of this Act shall not be used to stipulate salaries of those employed in the public sector for a fixed- term on the basis of a special contract concluded between a budget user and the European Commission or another EU body, international organisation, foreign institute or another foreign employer (hereinafter the co-contractor) if such a contract determines the salary and other remuneration received by the employee during his employment in the public sector and if such remunerations are fully financed from the funds provided by the co-contractor.
Article 3a (Actions in the event of illegality)
(1) Upon establishing discrepancies in the provisions regarding the salary in the employment contract of a public servant or in the decision or resolution stipulating the salary of an official in accordance with the third paragraph of Article 3 of this Act, the employer shall immediately inform the affected public servant or official in writing and explain its findings including a written proposal of a corresponding annex to the employment contract, or a decision or resolution to remedy the discrepancies.
(2) If the employer establishes that the salary of a public servant or official was stipulated and paid contrary to the provisions of the third paragraph of Article 3 of this Act and lower than stipulated, the difference between the paid salary and the legally stipulated salary and the legal interest for late payment shall be paid together with the first payment of the salary after the illegality has been established.
(3) If the employer establishes that the salary of a public servant or official was stipulated and paid contrary to the provisions of the third paragraph of Article 3 of this Act and higher than stipulated, it shall arrange the manner of returning the overpaid amount with the public servant or official. If the employer and the employee do not reach an agreement within one month following the employer’s written notice, the employer shall request the return of the overpaid amount by a lawsuit brought before the competent court.
(4) If the public servant or official establishes that the salary was stipulated and paid contrary to the provisions of the third paragraph of Article 3 of this Act, he may request from the employer in writing to establish the illegality and to take action in accordance with this Act. If the employer fails to issue a notice pursuant to the first paragraph of this article within eight workdays following the submitted written claim, the public servant may issue a claim with the competent court to establish such an illegality and for the difference between the paid and the legally stipulated salary to be paid. Notwithstanding the preceding sentence, provisions of a special law shall apply to cases in which a special law regulates the process of appeals or complaints within the framework of enforcing legal protection of a public servant.
(5) If the Minister who is competent for the field in which the budget user operates, the Court of Auditors or the competent inspector acquire knowledge of the fact as referred to in the third paragraph of this article, they may request from the employer to establish such an illegality and to take action in accordance with this Act. If the employer fails to issue the notice under the first paragraph of this article within one month following the issued request and fails to act in accordance with the third paragraph of this article within the next month, the Minister, Court of Auditors or the competent inspector may request for the overpaid amount to be returned by filing a claim with the competent court.
(6) Pursuant to general rules of public law and the provisions of the act governing employment relationships, the employer is liable for payment of compensation for the damages caused to the public servant or official by infringement of his rights from the employment relationship relating to the stipulation and payment of salaries.
II. STIPULATION OF THE AMOUNT OF FUNDS AND ADJUSTMENT OF SALARIES Article 4 (Stipulation of the amount of funds for salaries)
The amount of funds for salaries for an individual budget year shall be stipulated in budget users’ financial plans in accordance with the provisions of this Act with the number of public servants and officials in accordance with the adopted programme of work, their basic salaries including anticipated promotions, the amount of funds for performance- related pay and the amount of funds for bonuses pursuant to acts of law, implementing regulations and collective agreements having been taken into consideration.
Article 5 (Composition of salary, basic salary and adjustment of basic salaries)
(1) The salary shall be composed of the basic salary, performance-related pay and bonuses.
(2) The size of the basic salary shall be stipulated by classification into an individual salary grade on the salary scale.
(3) The salary scale is stipulated in Appendix 1 to this Act.
(4) The values of the salary grades shall be adjusted once a year as a rule. The amount of adjustment shall be the same for public servants and officials.
(5) The size of the adjustment in values of salary grades for public servants shall be stipulated by the Collective agreement for the public sector. The size of the adjustment in values of salary grades for officials shall be determined by this Act following previous harmonisation with officials.
(6) The negotiations and adjustments under the preceding paragraph shall begin by 1 May at the latest and shall, as a rule, be completed thirty days before the deadline set for the submission of the draft national budget to the National Assembly.
Article 6 (Collective supplementary pension insurance for public servants)
The social partners may agree that part of the funds from the adjustment of basic salaries be earmarked for the payment of collective supplementary pension insurance premiums for public servants
III. SALARY GROUPS, SALARY SUBGROUPS AND TARIFF GROUPS Article 7 (Definition of salary groups and salary subgroups)
(1) The salary groups and salary subgroups are as follows:
Salary groups Salary subgroups A – Functions at state bodies and local authorities A1 – President of the Republic and officials of the executive branch of power A2 – Officials of the legislative branch of power A3 – Officials of the judicial branch of power A4 – Officials at other state bodies A5 – Officials at local authorities B – Management bodies at budget users B1 – Principals, directors and secretaries C – Official titles in the state administration and local C1 – Officials at other state bodies authority administration, and at other state bodies C2 – Officials in the state administration, judicial administration and local authority administration C3 – Police officers C4 – Military personnel C5 – Customs officers C6 – Inspectors, attendants and other officials with special authorisations C7 – Diplomats D – Positions in the field of education D1 – University-level teachers and university-level associates D2 – Lecturers at two-year tertiary colleges, secondary school and primary school teachers, and other expert associates D3 – Nursery school teachers and other expert associates at nursery schools E – Positions in the field of healthcare E1 – Physicians and dentists E2 – Pharmaceutical workers E3 – Nurses and midwives E4 – Healthcare and allied professionals F – Positions in the field of social care F1 – Expert staff F2 – Expert associates G – Positions in the field of culture and information G1 – Artistic professions G2 – Other professions in the field of culture and information H – Positions and titles in the field of science H1 – Researchers H2 – Expert associates I – Positions at public agencies, public funds, other I1 – Expert associates public institutes and public commercial institutes, and at other budget users J – Auxiliary positions (applies to the entire public J1 – Expert associates sector) J2 – Administrative staff J3 – Other technical staff K – Positions in the field of compulsory social security K1 – Expert associates
(2) The positions and titles in the C1 through J3 salary subgroups allow no more than salary grade 57 to be achieved.
(3) The catalogue of functions, positions and titles determined by acts of law, implementing regulations, general acts by bodies under Article 13 of this Act or the collective agreement, shall be published by the Ministry competent for the public sector salary system. Changes and amendments to the catalogue of functions, positions and titles shall be published within thirty days following the publication of changes and amendments to acts that serve as a basis for the preparation of the catalogue.
(4) The catalogue of functions, positions and titles (hereinafter the catalogue) shall include: 1. the sequence number of the function, position and title, 2. the code of the function or position, 3. the name of the function or position, 4. the tariff group of the position, 5. the code of the title, 6. the name of the title, 7. the salary grade of the function, position or title without promotion, 8. the highest salary grade of the function, position or title that can be achieved through promotion. The acts under the third paragraph of this article shall include elements determined in this paragraph.
(5) In the act on the system of positions, the budget user shall not systemise a position and title that is not listed in the acts under the third paragraph of this article.
(6) In relation to salaries, the act on the system of positions (hereinafter the system) at budget users from the first paragraph of Article 2 of this Act shall include the following minimum extent of data: 1. the code of the budget user and the code of the internal organisational unit, 2. the name of the budget user and the name of the internal organisational unit, 3. the salary subgroup, 4. the code of the position, 5. the name of the position, 6. the tariff group of the position, 7. the code of the title where there are titles, 8. the name of the title where there are titles, 9. the salary grade of the position or the salary grade of the title, 10. the number of promotion grades in the position or title and 11. a description of tasks for the position or title.
Article 8 (Tariff groups and levels of training required) (1) The basic salaries of public servants shall also be stipulated on the basis of the classification of positions and titles into tariff groups. The tariff groups shall express the difficulty level of the position and titles with regard to the required education or training.
(2) The lowest possible salary grade without promotion for an individual tariff group shall be stipulated by the Collective agreement for the public sector.
(3) The tariff groups are as follows: Tariff Required education or level of training required as a rule for performing work tasks Education level group I. - incomplete first step of basic education 11001 - complete first step of basic education 11002 - incomplete second stage of basic education 11003 II. - complete second stage of basic education 12001 III. - short-term vocational upper secondary education 13001 IV. - vocational upper secondary education 14001 V - technical upper secondary education 15001 - general upper secondary education 15002 VI. - higher vocational education 16101 - short-term higher education (former) 16102 VII/1. - specialisation after short-term higher education (former) 16201 - professional higher education (former) 16202 - professional higher education 16203 - academic higher education 16204 VII/2. - specialisation after professional higher education (former) 17001 - academic higher education (former) 17002 - Master 17003 VIII - specialisation after academic higher education (former) 18101 - “Magisterij” of science (former) 18102 - State Lawyers' Examination - specialisation in healthcare IX. - Doctorate of science (former) 18201 - Doctorate of science 18202
The terms “former” and “education level” from the preceding paragraph are used in the meaning stipulated by the regulation governing the introduction and use of the classification system of education and training.
(4) The tariff groups from the preceding paragraph include positions for which the national vocational qualification is required with regard to a specific difficulty level.
IV. STIPULATION OF BASIC SALARY Article 9 (Stipulation of basic salary)
(1) The basic salary of a public servant shall be stipulated by the salary grade into which the position or title that the public servant has been categorised or has acquired via promotion is classified.
(2) The basic salary of an official shall be stipulated by the salary grade into which the individual function is classified or by the salary grade that the official has acquired via promotion, if the official can be promoted in accordance with law.
(3) In acts on the system of positions and titles at budget users, the use of salary grades pursuant to this Act shall be compulsory for the stipulation and calculation of salaries.
Article 9a (Stipulation of basic salary for trainees)
The basic salary of a trainee shall be stipulated by the classification of the position or title in which the trainee may conduct his work directly after the concluded traineeship or examination stipulated by special regulations so that his basic salary for the period of traineeship is six salary grades lower than the basic salary of such a position or title unless stipulated otherwise by a sector-specific law.
Article 10 (Stipulation of basic salary of officials) (1) The basic salaries of officials shall be stipulated by classification into a salary grade.
(2) The classification of individual functions into salary grades and the range of possible promotions into a higher salary grade are stipulated in Appendix 3 to this Act.
Article 11 (Stipulation of basic salary of principals, directors and secretaries)
(1) The basic salaries of principals, directors and secretaries at budget users specified in point 2 of Article 2 of this Act shall be stipulated by classification into a salary grade, with the level of difficulty of the position and the importance of the budget user that they head having been taken into consideration.
(2) The classification into salary grades shall be set out by the government via decree, whereby individual positions may be classified within the range of salary grades. In such a case, criteria for stipulating the salary grade need to be determined.
(3) The salary grade for stipulating the basic salary of a principal, director or secretary at budget users specified in point 2 of Article 2 of this Act for whom the state is the founder shall be prescribed by the minister responsible for the field in question (hereinafter the relevant minister).
(4) The salary grade for stipulating the basic salary of a principal and director at budget users specified in point 2 of Article 2 of this Act for whom the local authority is the founder and whose salaries are financed from the national budget or from compulsory health insurance shall be prescribed by the relevant minister.
(5) The salary grade for stipulating the basic salary of a principal and director at budget users specified in point 2 of Article 2 of this Act for whom the local authority is the founder and whose salaries are financed from a local authority budget shall be prescribed by the relevant body at the local authority with the approval of the relevant minister.
(6) The salary of directors appointed to a title shall be stipulated in accordance with the provision of this article regardless of the title.
Article 12 (Benchmark positions and titles, and common methodology)
(1) Benchmark positions and titles are selected positions and titles that facilitate comparison inside salary groups and between salary groups. They shall be evaluated using a common methodology.
(2) The common methodology shall define the instructions for classifying positions and titles into salary grades, whereby the following criteria shall in particular be taken into consideration: - the level of difficulty of the work tasks or the conditions for acquiring the title, - the level of training required (the necessary professional qualifications, the additional skills and experience required), - the responsibility and authorisations, - the physical and mental exertions involved and - environmental influences.
(3) The common methodology shall be set out by a special collective agreement concluded by the government and the representative trade unions for the public sector.
(4) The benchmark positions and titles shall be defined by the Collective agreement for the public sector.
Article 13 (Manner of classification into salary grades)
(1) The classification of positions and titles into salary grades shall be performed by taking the classification of benchmark positions and titles into consideration. The classification of evaluated benchmark positions and titles into salary grades shall be set out by the Collective agreement for the public sector.
(2) The positions and titles in salary groups D, E, F, G, H, J and K and in salary subgroups C1, C2, C3, C5 and C6 shall be classified into salary grades via a collective agreement for the sector, in salary group C4 via a decree and in salary group I via a decree or collective agreements.
(3) Notwithstanding the provisions of the second paragraph of this article, positions and titles in the salary subgroup C1, with the exception of the State Prosecutor’s Office and the State Attorney’s Office, shall be classified into salary grades via a state body act, with the classification that applies to comparable positions and titles of the C salary group in the collective agreement for the sector having been taken into consideration.
(4) The positions and titles in the system shall be classified into salary grades in accordance with the classification in the Collective agreement for the public sector and the collective agreement applying to the budget user. If the system envisages a position or title regulated by the collective agreement for another activity, the classification into the salary grade specified in such a collective agreement shall be applied in the system.
(5) The positions of public servants at the RTV Slovenija public institute shall be classified into salary grades via a collective agreement, which shall be concluded by the general director of the public institute on behalf of the employer and by the representative trade unions at the public institute on behalf of the employees.
(6) Notwithstanding the provisions of this article, positions and titles in the security and intelligence services that are not classified into salary grades via a collective agreement for the sector shall be classified into salary grades via a general act by the body, which the government shall approve. The act shall not be published.
Article 14 (Decrease in basic salary or salary)
(1) Public servants with a lower level of education than required for their position shall be entitled to a basic salary two salary grades lower than the basic salary for the position in which they perform the work.
(2) If the public servant under the preceding paragraph has provided over 23 years of service, he shall be entitled to a basic salary one salary grade lower than the basic salary for the position in which he performs the work.
(3) The provisions of the first and the second paragraph of this article shall also be used for cases in which performing the work in a position classified into tariff group VII/1 or VII/2 short-term higher education (former, as stipulated by Article 8 of this Act) is stipulated as the required education.
(4) The provisions of the first and second paragraph of this article shall not apply to positions in tariff group VI and lower tariff groups.
(5) The salary of a teacher or another expert associate whose weekly teaching load in the full-time weekly workload is reduced in accordance with the act governing the organisation and financing of education shall be calculated in accordance with the conducted teaching load. Article 15 (Stipulation of basic salary for temporary employment)
In cases stipulated by a special act of law, the basic salary of a public servant who concludes temporary employment may be increased by a specified number of salary grades, whereby the salary grade of the corresponding position or title shall be considered to be the basis.
V. PROMOTION Article 16 (Promotion to a higher salary grade)
(1) Public servants in a position or title may be promoted to a higher salary grade pursuant to this Act. The relevant body or director shall rule on such a promotion.
(2) Public servants in positions in which promotion to a higher title is possible may be promoted by no more than five salary grades within an individual title, and public servants in positions in which promotion to a higher title is not possible may be promoted by no more than ten salary grades. If promotion in a position in which promotion to a title is possible does not enable promotion by ten salary grades including all titles, promotion in the highest title is possible by as many salary grades that enable reaching promotion in titles for a total of ten salary grades.
(3) Public servants may be promoted pursuant to this Act by one or two salary grades every three years, if they fulfil the prescribed conditions. The time from the last promotion to a higher salary grade shall be deemed the promotion period. The time a public servant has spent working in positions for which the same level of professional qualification is prescribed shall be taken into consideration in the promotion period. The relevant body or director shall review the fulfilment of the conditions for promotion at least once a year.
(4) A public servant whose basic salary is stipulated in accordance with the first paragraph of Article 14 of this Act shall be promoted in accordance with the provisions of this Act.
(5) Officials may not be promoted to a higher salary grade, with the exception of judges, public prosecutors and state attorneys who may be promoted in accordance with the acts governing their position into a higher salary grade within the range of salary grades stipulated in Appendix 3 to this Act.
(6) Public servants who are classified into positions in the B salary group via a decree or a state body act shall not be promoted to higher salary grades, but shall be assessed.
(7) Notwithstanding the provisions of the second paragraph of this article, public servants in management positions that are classified into salary grades via collective agreements, decrees or general acts may be promoted by no more than ten salary grades. Article 17 (Conditions for promotion of public servants to a higher salary grade) (1) The work performance demonstrated during the promotion period shall be a condition for the promotion of public servants to a higher salary grade. Work performance shall be assessed with regard to: - the work results, - independence, creativity and accuracy when performing the work, - reliability when performing the work, - the quality of cooperation and the organisation of work and - other capabilities in connection with the performance of the work.
(2) For public servants at state administration bodies, local authority administrations, judicial bodies, public institutes and other budget users, the procedure and method for reviewing the fulfilment of the conditions for promotion pursuant to this Act shall be stipulated by the government via a decree.
(3) For public servants at other state bodies, the procedure and method for reviewing the fulfilment of the conditions for promotion shall be stipulated via a general act issued by the director of the state body.
(4) For public institutes in the field of health insurance, employment and unemployment insurance, and pension and disability insurance, the general act shall be issued by the director of the public institute with the approval of the relevant minister and the minister responsible for finance. For four-year tertiary education institutes, the general act shall be issued by the relevant body at the university or independent four-year tertiary education institute with the approval of the Higher Education Council of the Republic of Slovenia.
(5) For public servants at public institutes from the field of research and development, the procedure and method for reviewing the fulfilment of the conditions for promotion shall be stipulated via a general act issued by the minister responsible for science with the approval of the minister responsible for finance.
(6) The general acts specified in the third, fourth and fifth paragraph of this article shall be published in the Official Gazette of the Republic of Slovenia.
(7) It shall be necessary to obtain the opinion of the representative trade unions prior to issuing the decree and general acts.
Article 17a (Assessment review)
(1) Within eight workdays after the deadline for assessment or after being familiarised with the assessment, a public servant who was not assessed or who disagrees with the received assessment may request to be assessed or may request that the received assessment be reviewed before a panel which is appointed by the responsible person within 15 days after the request for the reviewing of the assessment has been submitted.
(2) The panel under the preceding paragraph shall comprise three public servants with at least the same level of education as required for the position of the public servant who has requested the assessment to be reviewed. The panel may include public servants of another budget user.
(3) The superior and the public servant who requests assessment review shall have the right to partake in this review. The panel shall review the assessment or instruct the employer to assess the public servant no later that within 15 days after its appointment.
(4) Minutes shall be drawn up regarding the assessment review. The panel shall decide on the reviewed assessment via a resolution.
(5) The decision of the panel shall be final.
(6) The valid assessment shall be the assessment that was communicated to the public servant and, in the event of a request for review of the assessment, the assessment determined by the panel under this article and which is handed to the public servant.
(7) The public servant may claim judicial protection against the assessment of the panel in accordance with the laws governing employment relationships.
(8) If the employer fails to assess the public servant within the deadline stipulated in the third paragraph of this article, the public servant may directly claim judicial protection in accordance with the laws governing employment relationships.
(9) If a public servant meets the requirements for promotion on the basis of a valid assessment under the sixth paragraph of this article and in accordance with the rules and regulations governing promotion in a position or title, he shall be promoted as of 1 April of the year in which he meets the conditions for promotion into a higher salary grade.
(10) In the Slovenian Armed Forces, work performance is assessed within the framework of the official assessment in accordance with the rules and regulations in the defence field, whereby the decree under the second paragraph of Article 17 of this Act shall be used for the assessment scale and conditions of promotion. Article 18 (Promotion to a higher salary grade in a higher tariff group)
Via promotion in a position or title, a public servant may be classified into a salary grade that is classified into a higher tariff group than the salary grade for stipulating the basic salary for the position or title in which the promotion is taking place, but no higher than that stipulated as the highest salary grade for the salary subgroup.
Article 19 (Stipulation of the salary grade upon employment, transfer to another position or appointment to a title or higher title)
(1) Upon employment, transfer to another position or appointment to a title or higher title, a public servant shall be classified into the salary grade in which the position for which the public servant concluded the employment contract or to which the public servant was transferred is classified or into the salary grade in which the title to which he was appointed is classified. If transferring the public servant to a position or title in a higher tariff group classifies him in the lower or same salary grade that he achieved through promotion in the position or title prior to such a transfer, his salary grade in the new position or title shall be stipulated so that the already achieved salary grade in the position or title prior to the transfer or appointment is increased by one salary grade. Notwithstanding the provisions of the preceding sentence, a public servant cannot be classified into a higher salary grade than the highest salary grade that can be achieved through promotion in the position or title to which the public servant is transferred or appointed.
(2) If there are reasonable grounds present and with consent, upon employment, transfer to another position or appointment to a title or higher title a public servant may be classified into a salary grade that is no more than five salary grades higher than the salary grade of the position or title, but not into a higher salary grade than can be achieved through promotion. The consent for the classification shall be given by: - the government, for public servants at state administration bodies,, - the relevant minister, for public servants at indirect budget users for whom the state is the founder and the fun provider,
- the mayor, for public servants at indirect budget users for whom the local authority is the founder and the fund provider,
- the mayor with the approval of the relevant minister, for public servants at indirect budget users for whom the local authority is the founder and the state the fund provider, - the President of the Supreme Court, the State Prosecutor General or the Attorney General, for public servants at judicial administration, - the Programming Council of the public institute, for public servants at the RTV Slovenija public institute.
(3) Consent is not required for public servants at other state bodies.
(4) Conditions for promotions to a higher title are stipulated by regulations governing promotion to a higher title for individual salary groups.
Article 20 (Stipulation of the salary grade of public servants)
(1) If a public servant is transferred to another position or if he concluded an employment contract for another position in a lower or same tariff group, he shall maintain the number of salary grades of promotion achieved in the previous position unless the relevant body established that he did not achieve anticipated work results (reason of incompetency) at the previous position or that the salary grades for promotion in the previous position were not achieved in accordance with the law or regulations issued on its basis. Salary grades of promotion are maintained with the same or different employer in the same salary subgroup or in equal or similar positions in different salary subgroups.
(2) A public servant who is promoted to a title or higher title shall transfer the already achieved promotions into salary grades in the position or in a lower title to a new title so that the achieved salary grade prior to the promotion in the title or higher title increases by no more than three salary grades. Notwithstanding the provisions of the preceding sentence, a public servant may not be classified into a higher salary grade than can be achieved through promotion.
VI. WORK PERFORMANCE Article 21 (Types of work performance)
Public servants may be entitled to: ,regular work performance ־ work performance from increased workload ־ .work performance from sale of goods and services in the market ־ a) Regular work performance Article 22 (Amount of funds for payment of regular work performance)
(1) The total amount of funds for payment of regular work performance shall amount to no less than 2% and no more than 5% of the annual funds for basic salaries. The total amount of funds for payment of regular work performance for principals, directors and secretaries shall be formulated and stated separately.
(2) The total amount of funds for each year for public servants shall be stipulated by the Collective agreement for the public sector.
Article 22a (Part of the salary for regular work performance of public servants)
(1) Performance-related pay for regular work performance shall pertain to a public servant who achieved above average work results in conducting his regular work tasks in the period for which the payment is made. On an annual basis, this portion of the salary can amount to no more than two basic monthly salaries of the public servant, whereby the amount of the public servant’s basic salary in December of last year shall be considered as basis. Performance-related pay for regular work performance shall be paid at least twice a year unless determined otherwise by a collective agreement or an act issued on the basis of an act of law.
(2) Performance-related pay for regular work performance for a public servant shall be stipulated on the basis of criteria agreed upon via the Collective agreement for the public sector.
(3) The amount of the performance-related pay for regular work performance for principals, directors and secretaries shall be stipulated by the body responsible for the appointment thereof on the basis of criteria set out by the relevant minister.
Article 22b (deleted)
Article 22c (deleted)
Article 22č (deleted) b) Work performance from increased workload Article 22d (Funds for payment of work performance from increased workload)
(1) In cases stipulated by this Act, budget users may pay funds for payment of work performance from increased workload above the limitation stipulated in Article 22 of this Act if they have funds earmarked for this purpose from the savings of funds for salaries arising due to absence of public servants or unoccupied positions for which the funds were earmarked in the budget user’s financial plan and funds for special projects.
(2) For public servants, special projects for whose implementation payment of work performance from increased workload is allowed are stipulated via a government decree. For public servants at other state bodies, these projects are stipulated via a decree of this state body if funds are so earmarked in the budget.
Article 22e (Payment of work performance from increased workload for public servants)
(1) Payment of work performance from increased workload for public servants can be paid for performed work that exceeds the anticipated work results in an individual month if a more rational implementation of tasks at the budget user can be achieved in this manner. The written decision on the increased workload and the payment of work performance from increased workload shall be passed by the director of the budget user for an individual month on the basis of a written agreement between the public servant and the director or the public servant authorised for organising work, and can be concluded for a longer period.
(2) For public servants in public educational institutes and four-year tertiary education institutes, the extent of an additional weekly teaching load or the extent of additional weekly educational load may be determined within the framework of increased workload under the preceding paragraph only in the extent and under the conditions determined by acts governing the organisation and financing of education and four-year tertiary education.
(3) Via a decree, the government shall determine conditions, measures and extent of the payment of work performance from increased workload for public servants under the first paragraph of this article, including the Slovenian Armed Forces, with the exception of public servants at other state bodies as stipulated by the Civil Servants Act (Official Gazette of the Republic of Slovenia, no. 32/06 – official consolidated text) for who the conditions and the extent of the payment of work performance shall be stipulated by an act of law or a general act issued on the basis of the law.
(4) Payment of work performance from increased workload under the second paragraph of this article shall be calculated equally as the regular teaching or educational load. (Note: the article ceases to be valid in parts relating to the Securities Market Agency – see ZTFI-A and the Insurance Supervision Agency – see ZZavar-E)
Article 22f (deleted)
Article 22g (deleted)
Article 22h (deleted)
c) Work performance from sale of goods and services in the market Article 22i (Amount of funds for work performance from sale of goods and services in the market)
(1) Budget users who acquire their funds from the sale of goods and services in the market in addition to funds for the implementation of public service shall use part of such funds for the payment of work performance from the sale of such goods and services and thus increase the amount of funds above the limitation stipulated by Article 22 of this Act.
(2) The government shall stipulate revenue from the sale of goods and services in the market and the upper limit of funds that can be used for the payment of work performance under the preceding paragraph via a decree. The decree may stipulate that individual non-public revenue for the public service may be earmarked for the payment of work performance from the sale of goods and services in the market.
Article 22j (Conditions for the payment of funds for work performance from sale of goods and services in the market)
(1) A budget user may use funds from the sale of goods and services in the market for payment of work performance if it meets the following conditions: 1. it conducts the services of a public service in the arranged extent and quality on the basis of adopted work programmes whose component part is the extent of an individual public service that was confirmed by the fund provider and the financial plan for the implementation of an individual public service or in accordance with the contract on implementing public services, 2. revenue and expenses for the implementation of the public service are balanced in the annual report for the previous year, except in special cases stipulated via a government decree, 3. if at least revenue and expenses for the sale of goods and services in the market are balanced in the annual report for the previous year, 4. it adopted the entire work programme and entire financial plan for the current year, 5. it utilises norms for distributing costs arising from the implementation of the public service or the sale of goods and services in the market.
Article 22k (Deciding on the distribution and payment of funds)
(1) The amount of funds earmarked for the payment of work performance from the sale of goods and services in the market shall be determined by the director by previous agreement with the representative trade unions.
(2) The amount of funds earmarked for the payment of the portion of the salary for work performance from the sale of goods and services in the market for a director, principal or secretary shall be determined by the body responsible for their appointment.
(3) The time schedule for paying the portion of the salary for work performance from the sale of goods and services in the market shall be determined by the budget user’s governing body at the proposal of the director.
VII. BONUSES Article 23 (Types of bonuses) (1) Public servants shall be entitled to: - a position bonus, - a length-of-service increment, - a mentorship bonus, - an allowance for specialisation, master’s degree or PhD, if such is not a condition for occupying the position, - a bilingualism bonus - bonuses for disadvantageous working conditions not taken into consideration in the valuation of the position or title, - bonuses for dangers and special burdens not taken into consideration in the valuation of the position or title, and - bonuses for work during less convenient hours.
(2) Officials shall not be entitled to bonuses with the exception of the length-of-service increment.
(3) Notwithstanding the preceding paragraph, judges, public prosecutors and state attorneys shall be entitled to a bilingualism bonus, a position bonus and bonuses for work during less convenient hours and for on-call service.
(4) Notwithstanding the provisions of the first paragraph of this article, principals, directors and secretaries shall not be entitled to a position bonus, bonuses for disadvantageous working conditions, bonuses for dangers and special burdens and bonuses for work during less convenient hours. Directors of public institutes who perform work for their basic job at the same time may exceptionally, with the consent of the relevant minister or rector, in order to ensure an undisturbed work process, perform their work overtime, in duty hours and hours on call. For this time, they are entitled to receive a salary and bonuses for work during less convenient hours with regard to the position in which such work is conducted. (5) If the bonus is not stipulated in a nominal sum, the basis for calculating the bonus shall be the public servant’s or official’s basic salary.
(6) The bonuses specified in the first paragraph of this article shall be paid in the amount stipulated by law, government decree or the Collective agreement for the public sector. If a public servant or official is employed for a shorter period of time than full-time, the bonuses stipulated in a nominal sum shall correspond to him in a share proportionate to the hours of employment.
Article 24 (Position bonus)
(1) The position bonus is the portion of the salary pertaining to a public servant or official, under the third paragraph of the preceding article, who executes authorisations in connection with the management, coordination and implementation of work as the head of an internal organisational unit, whereby the valuation of such tasks is not included in the basic salary for the position, title or function.
(2) The size of the position bonus shall amount to at least 5% of the basic salary and no more than 12% of the basic salary.
(3) The size of the position bonus for officials under the third paragraph of the preceding article shall be stipulated by law, and the criteria for stipulating the position bonus for public servants shall be set out by the government via a decree.
Article 25 (Length-of-service increment)
(1) The length-of-service increment is the portion of the salary through which the work experience gained over a public servant’s entire active employment period is valued or, for an official, in the periods of conducting the work under employment relationship and conducting an independent activity of professional performance of the function at home or abroad.
(2) The size of the length-of-service increment for each year of active employment completed shall be stipulated via the Collective agreement for the public sector.
(3) Officials shall be entitled to a length-of-service increment in the amount of 0.33% of the basic salary for each year of completed active employment. The length-of-service increment shall increase for female officials by 0.10% for each year of completed active employment over 25 years.
Article 26 (Mentorship bonus)
The size of the mentorship bonus shall be stipulated via the Collective agreement for the public sector.
Article 27 (Allowance for specialisation, master’s degree or PhD)
The amount of the allowance for a specialisation, master’s degree or PhD shall be stipulated via the Collective agreement for the public sector. Article 28 (Bilingualism bonus)
(1) The bilingualism bonus shall pertain to public servants and judges, public prosecutors and state attorneys who work in municipalities where the Hungarian and Italian ethnic communities live and where Hungarian or Italian is an official language, if knowledge of the language of the ethnic community is a condition for performing the work or function.
(2) The size of the bonus specified in the preceding paragraph shall amount to: - between 12% and 15% of the basic salary for teachers and other expert staff in primary and secondary education, teachers and other expert staff at nursery schools and journalists at the RTV Slovenija public institute, - between 3% and 6% of the basic salary for other public servants, - up to 6% of the basic salary for judges, public prosecutors and state attorneys.
(3) The size of the bonus specified in the first and second indents of the preceding paragraph shall be stipulated by the director, and that of the bonus specified in the third indent shall be stipulated by the judicial council for judges, by the personnel commission for public prosecutors and by the State Attorney General for state attorneys, on the basis of the level of knowledge of the language of the ethnic community required and the actual use of the language during the performance of work.
Article 29 (Bonuses for disadvantageous working conditions)
(1) Public servants shall only be entitled to bonuses for disadvantageous working conditions if they perform work in such conditions and when the disadvantageous conditions are not taken into consideration in the basic salary.
(2) For public servants, bonuses for disadvantageous working conditions shall be stipulated via the Collective agreement for the public sector.
Article 30 (Bonuses for dangers and special burdens)
(1) Public servants under the third paragraph of Article 23 of this Act shall only be entitled to bonuses for dangers and special burdens if they perform work in such conditions and the dangers and special burdens are not taken into consideration in the basic salary.
(2) For public servants, bonuses for dangers and special burdens shall be stipulated via the Collective agreement for the public sector.
Article 31 (Total bonuses and stipulation thereof)
The size of the total of the bonuses specified in Articles 29 and 30 of this Act may not exceed twenty percent of the basic salary. The bonuses specified in the aforementioned articles shall be stipulated by law or via the Collective agreement for the public sector.
Article 32 (Bonuses for work during less convenient hours)
(1) For work during less convenient hours, public servants shall be entitled to bonuses for: - shift work, - split shifts, - work in irregular hours - night work and work on Sundays and other days designated as official holidays by law, and - overtime work.
(2) Bonuses specified in the first, second and third indents of the preceding paragraph are mutually exclusive.
(3) Public servants shall be entitled to bonuses for hours on call.
(4) Public servants and officials under the third paragraph of Article 23 of this Act shall only be entitled to bonuses specified in the first and third paragraph of this article for the time when they work during less convenient hours.
(5) For public servants, the size of the bonuses under this article shall be stipulated by the Collective agreement for the public sector.
(6) Notwithstanding other provisions of this Act, a public servant shall be entitled to payment for duty hours in the value of the salary grade into which the position where duty hours are performed is classified. The value of the salary grade under the preceding sentence shall also serve as the basis to calculate bonuses pertaining to the public servant during duty hours in accordance with this Act and the Collective agreement for the public sector. During duty hours, public servants shall be entitled to a bonus for overtime work in the amount stipulated by the Collective agreement for the public sector and other bonuses for work during less convenient hours that are, during duty hours, paid in the amount of 50% of the amount stipulated for these bonuses in the Collective agreement for the public sector.
Article 32a (Bonuses of judges, public prosecutors and state attorneys for work during less convenient hours and for hours on call)
(1) Judges, public prosecutors and state attorneys shall be entitled to the following bonuses for work during less convenient hours: - overtime work, - duty hours exceeding full-time work, - night work, - work on Sundays and - work on other days designated as official holidays by law.
(2) Bonuses under the preceding paragraph and the bonus for hours on call shall be stipulated in the following amounts: - for overtime work and for duty hours exceeding full-time work, 30% of the hourly rate for the basic salary, - for night work, 30% of the hourly rate for the basic salary, - for work on Sundays, 75% of the hourly rate for the basic salary, - for work on other days designated as official holidays by law, 90% of the hourly rate for the basic salary and - for hours on call, 20% of the hourly rate for the basic salary.
(3) Bonuses specified in the third and fourth indents of the preceding paragraph are mutually exclusive.
(4) Bonuses under the first paragraph of this article shall pertain to public servants only for the time when they work during less convenient hours.
Article 32b (Position bonuses for judges, public prosecutors and state attorneys)
(1) A judge, public prosecutor or state attorney who heads an organisational unit (hereinafter department) shall be entitled to a position bonus in the percentage of his basic salary as follows: - 10%, if he heads a department with at least 40 public servants or 20 judges, public prosecutors or state attorneys designated to this department, - 9%, if he heads a department with at least 30 public servants or 15 judges, public prosecutors or state attorneys designated to this department, - 8%, if he heads a department with at least 20 public servants or 10 judges, public prosecutors or state attorneys designated to this department, - 5%, if he heads a department with at least 10 public servants or 5 judges, public prosecutors or state attorneys designated to this department, - 4%, if he heads a department in the Supreme Court, Administrative Court, the Office of the State Prosecutor General, if he heads an external department that is formed in accordance with the law or a department with less than 5 judges, public prosecutors or state attorneys designated to this department.
(2) A judge or a public prosecutor designated to the relevant ministry shall be entitled to a bonus for the time of his designation in the amount of 10% of his basic salary.
(3) Changes in the number of employees shall be considered twice a year, i.e. on 1 January and 1 July.
(4) Presidents and vice-presidents of courts, heads of state prosecutor’s offices and their deputies, the State Attorney General and his deputies shall not be entitled to the position bonus under this article.
VIII. PROCEDURE FOR ALTERING THE RATIOS BETWEEN THE HIGHEST AND LOWEST SALARY AND THE RATIOS BETWEEN SALARY GROUPS AND SALARY SUBGROUPS Article 33 (Alterations of salary scale and ratios between salaries)
The number of salary grades on the salary scale, the ratios between the salary grades and the highest and lowest salary grade for an individual salary subgroup (Annexes 1 and 2 to this Act) may only be altered pursuant to the procedure set out by this Act.
Article 34 (Council for public sector salary system) (1) A council for public sector salary system (hereinafter referred to as the Council) shall be founded to monitor the implementation of this Act and the public sector salary policy; it shall consist of representatives of state bodies, associations of local authorities and public sector trade unions.
(2) The representatives of state bodies and associations of local authorities shall be appointed to the Council by: - National Assembly of the Republic of Slovenia, - Constitutional Court of the Republic of Slovenia, - Supreme Court of the Republic of Slovenia, - Office of the State Prosecutor General of the Republic of Slovenia, - Human Rights Ombudsman, - Government of the Republic of Slovenia, and - representative associations of local authorities.
(3) The representatives of the trade unions shall be appointed to the Council by the representative trade unions for the public sector.
(4) The act on the founding of the Council shall be adopted by the National Assembly whereas the administrative and other conditions for the Council’s work shall be provided by the Government.
(5) The Council shall adopt decisions by consensus of both parties. More detailed matters regarding the Council’s work and decision-making shall be set out by the Council’s Rules of Procedure.
Article 35 (Seeking opinion from the Council)
(1) A drafter of a proposed law relating to the matters specified in Article 33 of this Act shall seek the Council’s opinion prior to submitting the draft law to the National Assembly for debate.
(2) The Council shall give the opinion referred to in the previous paragraph not later than within 30 days of the receipt of the draft law in question. If the Council fails to provide its opinion within the prescribed time limit, the drafter may submit the draft law without such an opinion.
(3) If, during the debate on the draft law referred to in the first paragraph of this Article the opinion of the ministry responsible for the field to which the amendments relate, the opinion of the Ministry responsible for the public sector salary system, the opinion of the finance ministry and/or the opinion of the representative trade union of the relevant sector have been submitted to the Council, such opinions shall be attached to the Council’s opinion.
Article 36 (Salary scale or ratios review initiative)
(1) An initiative for drafting a law to enact any alterations to the salary scale and ratios between the salaries as referred to in Article 33 of this Act may be drawn up and submitted to the Council by any of its members.
(2) The initiative shall contain all the elements that must be contained in a draft law in accordance with the National Assembly’s Rules of Procedure.
(3) The Council shall be obliged to discuss the initiative specified in the first paragraph of this Article and provide its opinion within ninety days of the receipt of such initiative.
(4) If any opinions referred to in the third paragraph of the previous Article were provided to the Council during the debate on the initiative, such opinions shall be attached to the Council’s opinion.
Article 37 (Council’s decision on salary scale or ratios review initiative)
(1) If the Council supports the review initiative it shall submit it to the Government to discuss the initiative and submit an appropriate draft law to the National Assembly or reject the initiative.
(2) If the Council does not support the initiative or fails to provide an opinion thereon within the prescribed time limit, the discussion procedure shall end.
IX. PUBLIC SECTOR SALARY DISCLOSURE, TRANSPARENCY AND COMPARABILITY Article 38 (Public sector salary disclosure)
(1) The salaries in the public sector shall be public, whereby the information on the position, title or function, on basic salaries, bonuses and performance-related pay, with the exception of the length-of-service increment, shall be publicly accessible. (2) The budget users shall be obliged to submit the information on salaries to the ministry responsible for the public sector salary system.
(3) The local authority budget users shall also be obliged to provide the information on salaries to the relevant local authority.
(4) The information shall be submitted to the Agency of the Republic of Slovenia for Public Legal Records and Related Services in accordance with the methodology prescribed by the minister responsible for the public sector salary system.
(5) The provision of the first paragraph of this Article shall not apply to the information on salaries of public employees in the intelligence and security agencies.
(6) Notwithstanding the provision of the first paragraph of this Article, public access shall be provided in accordance with the procedure regulated by the Act on the Access to Information of Public Character (Official Gazette RS, No. 24/03) to individual data on gross salary of any public servant and official without any deduction due to the execution, loans or other personal liabilities.
Article 39 (Comparability of basic salaries in the public sector)
(1) The ministry responsible for the public sector salary system shall be obliged to keep records on the information specified in the previous Article, prepare an analysis once a year in accordance with the prescribed methodology and make it publicly accessible in written, electronic or any other appropriate form.
(2) The Government shall be obliged to submit the information specified in the previous paragraph relating to national budget users to the National Assembly together with the annual financial statement of the state budget of the Republic of Slovenia.
Article 40 (Calculation of salaries)
(1) All salary payers shall calculate and pay the salaries on the basis of the uniform methodology and forms prescribed by the Government with a decree.
(2) The salaries of public employees shall be calculated and paid on the basis of the average monthly work obligations deriving from the adopted annual work calendar.
X. CONCLUSION OF COLLECTIVE AGREEMENTS Article 41 (Employer’s responsibility for conclusion of collective agreements)
(1) Collective agreements shall be concluded by the Government on behalf of the employers.
(2) The ministry responsible for the public sector salary system shall conduct the procedure for conclusion of collective agreements on behalf of the Government as an employer, together with the ministry responsible for finance, the ministry responsible for the activity in question and the representative association of local authorities.
(3) If the ministries responsible for the public salary system, finance and for the activity in question put forward different views in connection with the conclusion of the collective agreement, the Government shall rule on the matters under dispute.
(4) The collective agreement shall be signed on behalf of the Government by the prime minister or, under Government authorisation, by the ministers: the minister responsible for the public sector salary system, the minister responsible for finance and the minister responsible for the activity in question.
(5) The Government shall set out in detail the responsibilities and tasks of individual ministries and services in the conclusion of a collective agreement.
Article 42 (Conclusion of collective agreements and deadlines for their implementation)
(1) The collective agreement for the public sector and its amendments shall be deemed to be concluded when signed by the Government of the Republic of Slovenia and the majority of the public sector representative trade unions representing at least four different public sector activities.
(2) If the Collective agreement for the public sector or its amendments are not concluded in accordance with the previous paragraph it shall be sufficient for the conclusion of the collective agreement for the public sector or its amendments if they are signed by the Government of the Republic of Slovenia and the public sector representative trade unions of at least four different public sector activities whose total number of members exceeds 40% of public sector employees covered by the Collective agreement for the public sector.
(3) In determining the terms and conditions from the first and second paragraph of this Article, the activities shall be taken into consideration for which the salary groups are defined in Article 7 of this Act.
(4) The ministry responsible for the public sector salary system shall establish the fulfilment of the conditions referred to in the first or the second paragraph of this Article with a decision. The decision shall be published in the Official Gazette of Republic of Slovenia together with the Collective Agreement for the public sector or its amendments. If the ministry responsible for the public sector salary system establishes that the terms and conditions for the enforcement of the Collective agreement for the public sector or its amendments are not fulfilled it shall notify the representative public sector trade unions thereof.
(5) The fulfilment of the terms and conditions set out in the first paragraph of this Article shall be established on the basis of the data from the official records of the ministry responsible for issuing the decisions regarding the representativeness of the trade unions.
(6) The fulfilment of the conditions set out in the second paragraph of this Article shall be established on the basis of the data from Article 38 of this Act and the records on employees kept in accordance with the act regulating labour registers if any data is not accessible in accordance with Article 38 herein, as well as the data of the representative trade unions that have signed the Collective agreement for the public sector or its amendments, both according to the data for the last month for which the data is available prior to the conclusion of the Collective agreement for the public sector or its amendments.
(7) If the ministry responsible for the public sector salary system establishes that the Collective agreement for the public sector or its amendments have not been signed by the majority of the public sector trade unions, it shall, within three days of the expiration of the deadline for the signature, invite the representative trade unions that signed the public sector collective agreement or its amendments to submit a statement indicating the number of members of such a representative trade union by the date indicated on the invitation, at the latest .
(8) The ministry responsible for the public sector salary system shall, within three days of the receipt of the statement set out in the previous paragraph, invite the representative public sector trade unions, which have submitted the statement, to present the membership application forms of the representative trade union members by an authorised person for consultation at the head office of the ministry responsible for the public sector salaries. Immediately upon the presentation of the membership application forms and in the presence of an authorised person of the representative trade union, the authorised persons of the ministry shall establish the number of membership application forms presented and, on the basis of that, the truth of the statement regarding the number of members of the representative trade union. He/she shall confirm this through an official note on the submitted statement. The authorised person of the ministry shall be obliged to keep the data on the members of the representative trade unions confidential in accordance with the act governing personal data protection.
(9) The submitted membership application forms shall be returned to the authorised person of the representative trade union after the completion of the counting procedure.
(10) The representative trade union that has signed the public sector collective agreement or its amendments shall not be obliged to submit any documentation in accordance with the seventh and eighth paragraph of this Article. Any trade union not submitting the documentation shall not be taken into consideration in establishing the terms and conditions set out in the second paragraph of this Article.
(11) It shall be agreed that the entry into force of the collective agreements representing an increase in the financial obligations, other than the collective agreement referred to in the fourth paragraph of Article 5 of this Act, shall take place not later than 30 days prior to the date of the submission of the draft state budget to the National Assembly.
Article 42a (Subsequent accession to collective agreements)
(1) Irrespective of the consensus of the parties, any representative trade union may subsequently accede to the collective agreement governing the public sector pay entered into by one or more representative trade unions and the Government of the Republic of Slovenia or any ministry authorised by it or any other body authorised by law. The accession shall have legal effect as of the date on which the signatories to the collective agreement are informed thereof.
(2) The written accession referred to in the previous paragraph shall be published in the same way as the collective agreement subject to the accession by the representative trade unions.
XI. SUPERVISION Article 43 (Salary system supervision)
(1) The supervision of the implementation of the salary system as laid down by this Act, the regulations and other acts issued on its basis and the collective agreements for specific areas shall be carried out by the ministries responsible for the specific area, in cooperation with the ministry responsible for the public sector salary system. The ministry responsible for finance shall carry out the supervision over the implementation of the salary system within the budgetary control.
(2) In the event of a request for supervision referred to in the previous paragraph, the ministry shall perform the supervision within two months of the receipt of the request for supervision or shall refer the request to another responsible ministry or the responsible inspectorate if such a ministry is not competent for supervision and shall notify the initiator of the supervision thereof.
Article 43a (Inspection)
The inspection over the implementation of the provisions of this Act and the implementing regulations adopted pursuant thereto as well as of the collective agreements and the employer’s general acts in the part that refers to the regulation of the salaries of officials and public servants shall be carried out by the inspectors overseeing the public sector salaries (hereinafter referred to as the inspectors) within the inspection for the public employee system purposes.
Article 43b (Working method of the inspector)
The inspector shall draft an inspection report and send it not later than within 30 days of the date of inspection to the head of the body subject to the supervision and the minister responsible for the public sector salary system. The inspector shall inform the applicant of the findings of the inspection if the applicant so requires.
Article 43c (Competencies of the inspector)
(1) The inspector shall have the right to enter the premises of the budget user and examine any documentation and data records related to the salaries of officials and public servants. A budget user shall ensure that the inspector is provided with the working conditions and the information necessary to carry out the inspection.
(2) The inspector shall be authorised to obtain and use personal and other data from the official records and other databases necessary to perform the inspection.
Article 43č (Measures of the inspector)
(1) If the inspector finds any illegalities or irregularities in the implementation of the provisions of this Act and in the implementing regulations adopted pursuant thereto as well as collective agreements and general acts of the employer he/she shall order the principal to take the measures to correct such irregularities.
(2) The inspector may order the principal: - to issue an individual act giving the rights to a public servant to the extent prescribed by the law and the implementing regulations adopted pursuant thereto as well as the collective agreements and general acts of the employer, - to pay out the salary in accordance with the regulations, notwithstanding the employment contract, an order or a decision in accordance with the fifth paragraph of Article 3 of the Act, - to offer to an employee the annex to the employment contract in accordance with the second paragraph of Article 3 of the Act, - to update the job classification by indicating the positions and titles as laid down in the acts referred to in the third paragraph of Article 7 in accordance with the fifth paragraph of Article 7 of the Act, - to update the job classification by indicating the positions and titles in accordance with the classification in the Collective agreement for the public sector and the collective agreement applying to the budget user pursuant to the fourth paragraph of Article 13 of the Act, - to verify the compliance with the conditions for promotion pursuant to Article 16 of the Act, - to appraise a public servant’s performance or nominate a committee to check the performance appraisal in accordance with the first paragraph of Article 17a, - to notify a public servant of his/her performance appraisal result and its justification or to notify him/her in writing of the reasons for non-assessment in accordance with the first paragraph of Article 7a.
XII. PENAL PROVISIONS Article 44
(1) A fine of 500 euros shall be imposed for a misdemeanour upon a responsible person of a budget user who: - hinders or prevents the inspector from entering the premises, fails to provide the proper working conditions to the inspector or fails to ensure access to the documentation necessary to carry out the inspection (Article 43c), - fails to respect the measures ordered by the inspector. The fine for this misdemeanour may be imposed several times in a row (Article 43č). (2) A fine of minimum 1,100 euros shall be imposed for a misdemeanour upon a responsible person of a budget user who: - determines or pays out a salary contrary to the law, regulation or other act issued pursuant thereto or contrary to the collective agreement, - enters into an employment contract contrary to the second paragraph of Article 3 of this Act, - fails to submit a written draft annex to the employment contract within the time limit set out in the fourth paragraph of Article 3 of this Act, - fails to submit an annex to the employment contract from the first paragraph of Article 3a of this Act, - promotes a public employee contrary to the provisions of Article 16 of this Act, - determines the amount of funds for the performance-related pay contrary to Article 22 of this Act, - determines the performance-related bonus contrary to Article 22a of this Act, - fails to submit a written draft annex to the employment contract from the second paragraph of Article 48 of this Act, - fails to provide the data on salaries in accordance with the fourth paragraph of Article 38 of this Act, - fails to calculate the salaries in accordance with Article 40 of this Act, - performs the translation contrary to the provisions of Articles 49a to 49c of this Act, - pays out the salary contrary to the provisions of the six and seventh paragraph of Article 52 of this Act, - fails to file a complaint against the employer if no consensus is reached regarding the recovery of an overpaid amount in accordance with the third paragraph of Article 3a, - carries out a recovery of an overpaid salary contrary to the procedure set out in the third paragraph of Article 3a of this Act, - classifies a position or a title not specified in the acts providing a basis for the catalogue referred to in the third paragraph of Article 7 of this Act, - classifies a position contrary to the fourth paragraph of Article 13, - fails to verify the fulfilment of the conditions for promotion at least once a year in accordance with Article 16, - fails to appraise the performance of a public servant who has required appraisal in accordance with Article 17a or fails to nominate a committee for an appraisal test, - classifies a public servant to a higher salary grade without the consensus from the second paragraph of Article 19.
(3) A fine of minimum 2,200 euros shall be imposed on the responsible person of the fund provider if the payments are not made in accordance with the provisions of Article 50b of this Act.
The Public Sector Salary System – ZSPJS (Official Gazette RS, No. 56/02) contains the following transitional and final provisions, as amended by the Act Amending the Public Sector Salary System Act – ZSPJS-B (Official Gazette RS, No. 126/03), the Act Amending the Public Sector Salary System Act – ZSPJS-C (Official Gazette RS, No. 70/04), the Act Amending the Public Sector Salary System Act – ZSPJS-D (Official Gazette RS, No. 53/03), the Act Amending the Public Sector Salary System Act – ZSPJS-E (Official Gazette RS, No. 14/06), the Act Amending the Public Sector Salary System Act – ZSPJS-F (Official Gazette RS, No. 68/06), the Act Amending the Public Sector Salary System Act – ZSPJS-G (Official Gazette RS, No. 57/07), the Act Amending the Public Sector Salary System Act – ZSPJS-I (Official Gazette RS, No. 58/08), the Act Amending the Public Sector Salary System Act – ZSPJS-J (Official Gazette RS, No. 80/08), the Act Amending the Public Sector Salary System Act – ZSPJS- K (Official Gazette RS, No. 48/09), the Act Amending the Public Sector Salary System Act – ZSPJS-M (Official Gazette RS, No. 13/10), the Act Amending the Public Sector Salary System Act – ZSPJS-N (Official Gazette RS, No. 59/10), the Act Amending the Public Sector Salary System Act – ZSPJS-O (Official Gazette RS, No. 85/10):
XIII. TRANSITIONAL AND FINAL PROVISIONS
Article 45
The methodology specified in Article 40 of this Act must be adopted within twelve months of the entry into force of this Act.
Article 46
(1) The negotiations for harmonising collective agreements with the present act or for concluding new collective agreements for the public sector, the special collective agreement and collective agreements for activities or professions shall begin within 30 days of the entry into force of this Act.
(2) Irrespective of the provisions of the second, third, fourth and fifth paragraph of Article 13 of this Act, the positions and titles for the fields of four-year tertiary education and science and professions for which collective agreements for professions have been concluded when the present Act enters into force may be classified into salary grades by way of collective agreements for professions.
(3) The collective agreement for the public sector specified in Article 8 and the fourth paragraph of Article 12 as well as the special collective agreement from the third paragraph of Article 12 of this Act shall apply when the conditions stipulated by the law governing collective agreements are fulfilled.
(4) In accordance with the law governing collective agreements, the Council may propose the general validity of the collective agreement specified in the previous paragraph of this Article. (5) If the collective agreement specified in the third paragraph of Article 12 of this Act is not concluded by 30 November 2002, the common methodology shall be adopted by the Government following a prior opinion of the Council.
(6) If the collective agreement specified in the fourth paragraph of Article 12 of this Act is not concluded by 30 March 2003, the dispute settlement procedures set out in the valid collective agreement for the non-economic activities shall apply. If the benchmark positions and titles are not defined by 30 June 2003, they shall be defined by the Government following a prior opinion of the Council.
Article 47
(1) A list of budget users specified in point 2 of Article 2 of the present Act shall be adopted by the Government at the proposal of the minister responsible for finance within three months of the entry into force of this Act.
(2) The decree referred to in Article 3 of this Act shall be adopted by the Government within one year of the entry into force of this Act.
(3) The catalogue of positions and titles from the fifth paragraph of Article 7 of this Act shall be published by the Government within three months of the entry into force of this Act. After the entry into force of the Collective agreement for the public sector, the Government shall issue the updated catalogue of positions and titles.
(4) The ordinance referred to in Article 10 of this Act shall be adopted by the National Assembly within one year of the entry into force of this Act at the proposal of the Government and on the basis of the Council’s opinion.
(5) The decree referred to in the second paragraph of Article 11 of this Act shall be adopted by the Government within six months of the entry into force of this Act.
(6) The regulations specified in the third, fourth and fifth paragraph of Article 11 of this Act must be adopted within six months of the entry into force of this Act.
(7) The government decree referred to in the second paragraph, the general acts from the third paragraph and the collective agreements from the fourth and fifth paragraph of Article 13 of this Act must be adopted or concluded by 30 November 2003 at the latest.
(8) The government decree referred to in the second paragraph and the general acts from the third and fourth paragraph of Article 17 of this Act must be adopted by 30 June 2003 at the latest.
(9) The government decree and the criteria set out in the fifth paragraph of Article 21 of this Act as well as the government decree referred to in the third paragraph of Article 24 of this Act must be adopted by 30 June 2003 at the latest.
(10) The methodology set out in the fourth paragraph of Article 38 of this Act shall be prescribed by the minister responsible for the public sector salary system by 30 September 2003 at the latest.
Article 48
(1) After the entry into force of the regulations and collective agreements brought into conformity with this Act, the public servants and officials shall be classified into salary grades in accordance with such regulations and collective agreements.
(2) The employer shall issue a written notice to the public servants or officials along with giving them a draft annex to their employment contracts, an order or a decision containing the data or provisions regarding the translation-based salary grade, a salary grade based on elimination of disproportions, a salary grade attained by public servants or officials through promotion and bonuses as well as the date on which the salary commences to be paid in accordance with the first paragraph of this Article. The employer shall be obliged to deliver the notice and the draft annex, order or decision to the public servants or officials at least thirty days prior to the date of the first payment of salaries according to this Act.
(3) Public servants may be promoted in accordance with this Act solely by the difference between the number of salary grades into which they may be classified through promotion according to this Act and the number of salary grades already attained through salary translation.
Article 48a
The instrument referred to in the second paragraph of Article 48 of this Act shall determine the following: - nominal value of basic salary attached to a position, - translated salary grade attached to a position, - nominal value of basic salary of a public servant, - translated salary grade of a public servant, - translated basic salary of a public servant, - total bonuses taken into account in a comparable amount of salary, - comparable amount of a salary determined in accordance with the regulations and collective agreements used since the beginning of the payment of salaries according to the ZSPJS (Z111), - code and title of a position to which a public servant has been assigned or nominated, - tariff group of a position, - salary grade into which a public servant has been classified, - basic salary of a public servant, - funds available for adjustment of disproportions in basic salary, - timetable of adjustment of disproportions in basic salary, - deduction for adjustment of disproportion for the first period, - total bonuses considered in the comparable salary amount, - comparable salary amount determined under the ZSPJS (Z104), - difference between comparable salaries (A040=Z111-Z104), - bonuses, - promotion eligibility, and - portion of salary related to all types of performance.
Article 49
(1) If, after the fixing of the salary in accordance with Article 49f of this Act any public servant or official receives a salary in an amount lower than the amount fixed according to the regulations used until the calculation of salaries pursuant to this Act, the difference in the amount up to the level of pay determined according to the regulations used since the beginning of the calculation of salaries under this Act shall be paid out to such a public servant or official.
(2) The provisions of Article 49f of this Act shall be taken into consideration in the comparison of the two amounts referred to in the first paragraph.
(3) Irrespective of the level of the length-of-service increment laid down in Article 238 of the Employment Relationships Act (Official Gazette RS, No. 42/02), all the public servants shall be entitled to a length-of-service increment in the amount laid down by the Collective Agreement for the public sector.
1. TRANSLATION OF BASIC SALARY OF A PUBLIC SERVANT AND OFFICIAL AND ITS CLASSIFICATION INTO A SALARY GRADE Article 49a
(1) In order to establish the salary grade of public servants and officials on the basis of this Act a translation shall be carried out of the nominal amounts of basic salaries fixed for the positions or titles as well as the functions and the nominal amounts of basic salaries of public servants and officials according to the regulations and collective agreements used until the date of payment of a salary according to this Act.
(2) The nominal amount of the basic salary of a position or title providing a basis for the translation shall be determined by multiplying the sum of the quotient of a position and the bonuses from Article 49b of this Act by the value of the basis for the calculation of salaries from the fourth paragraph of this Act.
(3) The nominal amount of the basic salary of a public servant and official providing a basis for the translation shall be determined by multiplying the sum of the quotient attained by a public servant or official through the promotion in a position or to a title and the bonuses from Article 49b of this Act by the value of the basis for the calculation of salaries from the fourth paragraph of this Article.
(4) The basis for the calculation of salaries from the second and third paragraph of this Article for the public servants and officials for whom the starting salary applies in accordance with the Collective agreement for non-economic activities shall be the amount of the starting salary for tariff group I, valid on the date of the translation. The basis for the calculation of the salaries for public servants and officials for whom the starting salary does not apply in accordance with the Collective agreement for non-economic activities shall be the amount determined according to the regulations and collective agreements and used on the date of the translation to determine their salaries.
(5) Furthermore, the nominal amounts of the basic salaries of the public servants who, pursuant to the law, the act of the competent body or employment contract, have the right to return to the position, shall be translated in the way laid down in this Article. In this context, the quotient taken into consideration shall be the last one attained through promotion and bonuses paid out per position to which they have the right to return.
(6) The nominal amount of the basic salary for a function, providing a basis for the translation, shall be determined in the following way: a) The nominal amount of the basic salary for the functions of the executive branch (salary subgroup A1), other than state secretaries and members of the National Review Commission, shall be determined by increasing the coefficient for determining the salary by the function-related bonus and by multiplying the coefficient so increased by the valid basis for the determination of the salaries of officials. The nominal amount of the basic salary of state secretaries and members of the National Review Commission shall be determined by multiplying the quotient for the determination of salary by the valid basis for the calculation of the salaries of public servants and adding to it the amount of funds for a performance- related bonus; b) The nominal amount of the basic salary for the functions of the legislative branch (salary subgroup A2) shall be determined by increasing the coefficient for determining the salary by the function-related bonus and by multiplying the coefficient so increased by the valid basis for the determination of the salaries of officials. ; c) The nominal amount of the basic salary for the functions of the judicial branch (salary subgroup A3) shall be determined by increasing the coefficient for determining the salary by the bonus for the incompatibility of judicial office and by multiplying the coefficient so increased by the valid basis for the determination of the salaries of officials. With the presidents and vice-presidents of courts, the coefficient increased by the bonus for the incompatibility of judicial office shall be increased by the bonus related to management duties; d) The nominal amount of the basic salary for functions of other state bodies (salary subgroup A4) shall be determined by increasing the coefficient for the determination of the salary by the function-related bonus and by multiplying the coefficient so increased by the valid basis for the determination of the salaries of officials. With the heads and deputy heads of the state prosecutor’s offices, the State Attorney General and Deputy State Attorney General, the coefficient increased by the bonus for the incompatibility of function shall be further increased by the bonus for the management duties, whereas with state attorneys at the head office it shall be increased by a bonus for the management duties at the head office.
(7) The translation shall be carried out thirty days after the adoption of all secondary acts and collective agreements necessary for the calculation of salaries according to this Act. An informative translation shall be carried out by the employers within three months of the date of the application of this Act and shall be communicated to the ministry responsible for the public sector salary system.
Article 49b
(1) The bonuses laid down in the laws and other regulations as well as collective agreements shall be taken into consideration to determine the basic salaries providing the basis for the translation according to this Act, namely:
Salary group A a) The function allowance in the amount specified for the determination of the salary according to the regulations and other legal acts used until the entry into force of this Act, b) Work performance laid down in the regulations and other legal acts for state secretaries and members of the National Review Commission not entitled to a function allowance.
Salary groups C to J
The Collective Agreement for Non-economic Activities in the Republic of Slovenia (Official Gazette RS, No. 18/91, 53/92, 34/93, 15/94, 27/94, 59/94, 80/94, 64/95, 37/97, 3/98, 39/99, 40/99, 99/01 and 73/03): - Article 2 of the Annex to the Collective Agreement for Non-economic Activities (Official Gazette RS, No. 34/93 and Official Gazette RS, No. 64/95), published on 10 November 1995, in force since 11 November 1995 (bonus per tariff group).
Salary group C – Official titles in the state administration and administrations of local communities and other state bodies
The Decree on the quotients applied in fixing basic salary and salary bonuses of persons employed by the Government of the Republic of Slovenia and by administrative bodies (Official Gazette RS, No. 35/96, 57/98, 33/00, 1/01, 63/01, 37/02, 60/02, 61/02 and 105/02): - Article 6 (bonus for employees with special powers and responsibilities), - Article 8 (bonus for valuation of restrictions and special workloads), - Article 9 (bonus for valuation of special workloads and prohibitions), - Article 10 (bonus for work-related restrictions), - Article 10a (bonus for restriction on the right to strike), - Article 14 (bonus for psychophysical strain and work with clients), - Article 16 (bonus for work in administration), - Article 16a (bonus in accordance with the agreement on public sector salary adjustment method in 2001) and - Article 20 (bonus for special risk and hazard).
The Decree determining bonuses for professional and administrative-technical staff and other staff at courts, state prosecutors' offices, the Attorney-General's office and at authorities in charge of offence proceedings (Official Gazette RS, No. 38/96, 39/99, 33/00, 36/00, 1/01, 63/01, 37/02, 60/02, 61/02, 105/02): - Article 2 (bonus for specific work in justice), - Article 2a (bonus in accordance with the agreement on public sector salary adjustment method in 2001), - Article 3 (bonus for decision-making) and - Article 8a (bonus for restriction on the right to strike).
The Enforcement of Penal Sentences Act (ZIKS-1, Official Gazette RS, No. 22/00 and 52/02): - Article 259 (bonus for authorised officials).
The Police Act (ZPol, Official Gazette RS, No. 49/98, 66/98, 93/01, 48/03, 79/03): - Article 130 (bonus for police officers). The Customs Service Act (ZCS-1, Official Gazette RS, No. 56/99): - Article 53 (bonus for incompatibility) and - Article 62 (bonus for special working conditions and authority as well as for valuation of special responsibilities).
The Defence and Protection Act (ZOZ, Official Gazette RS-old, No. 15/91 and 18/91): - Article 135 (bonus for valuation of special working conditions and responsibilities).
The Service in the Slovenian Armed Forces Act (ZSSloV, Official Gazette RS, No. 68/07): - the fourth paragraph of Article 58 (increase in basic salary).
The Protection against Natural and other Disasters Act (ZVNDN, Official Gazette RS, No. 64/94 and 33/00): - Article 106 (bonus for valuation of work in special working conditions).
Salary group D – Positions in the field of education and sport
Annex to the Collective agreement for the education and schooling activity in the Republic of Slovenia (Official Gazette RS, No. 52/94, 49/95, 34/96, 45/96, 51/98, 28/99, 39/00, 56/01, 64/01, 78/01 and 56/02): - Article 2 of the Annex to the Collective agreement for the education and schooling activity in the Republic of Slovenia (Official Gazette RS, No. 64/01), published on 3 August 2001, in force since 4 August 2001 (bonus to employees in public education institutes and higher education) - Article 3 of the Annex to the Collective agreement for the education and schooling activity in the Republic of Slovenia (Official Gazette RS, No. 64/01), published on 3 August 2001, in force since 4 August 2001 (bonus for individual positions in higher education institutions) - Article 4 of the Annex to the Collective agreement for the education and schooling activity in the Republic of Slovenia (Official Gazette RS, No. 64/01), published on 3 August 2001, in force since 4 August 2001 (bonus for technical staff) - Article 1 of the Annex to the Collective agreement for the education and schooling activity in the Republic of Slovenia (Official Gazette RS, No. 56/02), published on 28 June 2002, in force since 28 June 2002 (increase in bonuses until 2006), - Article 80 (bonus for external examination and teaching matura subjects), - Article 80 (bonus for teaching in Roma classes or groups of Roma students), - Article 80a (bonus for work in two or more education institutes), - Article 80b (bonus for head teacher’s assistants), - Article 80č (bonus for skills for trainee mentoring), - Article 80d (bonus for work with children, youth or students), - Article 80e (bonus for obligation for appointment to a title), - Article 80f (psychophysical strain and responsibilities), - Article 80g (increase in bonus from Article 80e), - Article 81a (bonus for kitchen management), - Article 81b (bonus for work with financial and material means), - Article 81c (bonus for lab technicians), - Article 81d (bonus for staff at university secretariat), - Article 82b (bonus for work in a mobile kindergarten or a kindergarten in a remote area having no public transport connection or having such connection only once a day).
The Act on Salaries of Employees in Public Educational Institutions (Official Gazette RS, No. 16/92, 13/93, 17/93, 42/93, 18/94 and 36/96): - Article 7 (bonus for head teacher’s assistants).
Salary group E – Positions in the field of healthcare
The Collective agreement for the health- care and social care activity in Slovenia (Official Gazette RS, No. 15/94, 57/95, 19/96, 56/98, 76/98, 102/00 and 62/01): - Article 2 of the Annex to the Collective agreement for the health- care and social care activity in Slovenia (Official Gazette RS, No. 62/01), published on 27 July 2001, in force since 27 July 2001 (corrective bonus), - Article 76 (bonus for impacts of working environment and workload), - Article 77 (bonus for work with cytostatic drugs), - Article 78 (bonus for work with mentally disturbed persons), - Article 79 (bonus for ionising radiation), - Article 89b (bonus for job complexity and exposure), and - Article 89c (bonus for special workload and responsibilities).
The Collective agreement for employees in nursing care (Official Gazette RS, No. 60/98, 73/98, 39/99, 63/99 and 73/00):
- Articles 104a and 104b (bonus for nursing care) from the Annex to the Collective agreement for employees in nursing care (Official Gazette RS, No. 73/98), published on 30 October 1998, in force since 7 November 1998, Annex to the Collective agreement for employees in nursing care (Official Gazette RS, No. 63/99), published on 6 August 1999, in force since 7 August 1999 and Annex to the Collective agreement for employees in nursing care (Official Gazette RS, No. 73/00), published on 19 August 2000, in force since 27 August 2000, - Article 87 (impacts of working environment and workload), - Article 88 (bonus for work with cytostatic drugs), - Article 89 (bonus for work with mentally disturbed persons), - Article 90 (bonus for ionising radiation), and - Article 103 (special workload and responsibilities).
The Collective agreement for medical doctors and dentists in the Republic of Slovenia (Official Gazette RS, No. 14/94,15/94, 22/96, 23/96, 15/94, 22/96, 23/96, 39/98, 46/98 and 79/00): - Articles 1, 2 and 3 of the Annex to the Collective agreement for medical doctors and dentists in the Republic of Slovenia, Official Gazette RS, No. 15/94, published on 18 March 1994, in force since 26 March 1994; Official Gazette RS, No. 22/96, published on 19 April 1996, in force since 27 April 1996; Official Gazette RS, No. 39/98, published on 22 May 1998, in force since 30 May 1998 and Official Gazette RS, No. 97/00, published on 20 October 2000, in force since 28 October 2000 and applied since 1 January 2000 (bonus for medical doctors), and - Article 70 (bonus for occasional harsh working conditions).
Salary group F – Positions in the field of social care
The Collective agreement for the health- care and social care activity in Slovenia (Official Gazette RS, No. 15/94, 57/95, 19/96, 56/98, 76/98, 102/00 and 62/01): - Article 2 of the Annex to the Collective agreement for the health- care and social care activity in Slovenia (Official Gazette RS, No. 62/01), published on 27 July 2001, in force since 27 July 2001 (corrective bonus), - Article 76 (bonus for impacts of working environment and workload), - Article 78 (bonus for work with mentally disturbed persons), - Article 88a (bonus for management concerning accountants), - Article 89b (bonus for job complexity and exposure), and - Article 89c (bonus for special workload and responsibilities).
The Collective agreement for employees in nursing care (Official Gazette RS, No. 60/98, 73/98, 39/99, 63/99 and 73/00): - Articles 104a and 104b (bonus for nursing care) from the Annex to the Collective agreement for employees in nursing care (Official Gazette RS, No. 73/98), published on 30 October 1998, in force since 7 November 1998, Annex to the Collective agreement for employees in nursing care (Official Gazette RS, No. 63/99), published on 6 August 1999, in force since 7 August 1999 and Annex to the Collective agreement for employees in nursing care (Official Gazette RS, No. 73/00), published on 19 August 2000, in force since 27 August 2000, - Article 87 (impacts of working environment and workload), - Article 89 (bonus for work with mentally disturbed persons), and - Article 103 (special workload and responsibilities).
Salary Group G – Positions in the field of culture and information
The Collective agreement for cultural activities in the Republic of Slovenia (Official Gazette RS, No. 45/94, 39/96, 82/99 102/00, 52/01 and 64/01): - Article 65a (bonus for special nature of work or special workload and responsibilities for supporting professions or for professional title acquired), - Article 66 (bonus for organisational unit or work unit management), - Article 76a (bonus for working unevenly distributed working hours), - Article 78c (bonus for workload due to work with material), and - Article 78d (bonus in connection with the agreement due to increase in retail prices).
The Collective agreement for the Public Institution RTV Slovenija (in force since 1 August 1992): - Article 111 (bonus to the basic salary for extra skills) - Article 112 (basic salary in accordance with special employment agreement) - Article 116, the fourth paragraph (loyalty bonus); for all employees in accordance with the Collective Agreement for RTV Slovenija, a bonus of 0.60% shall be taken into consideration per year of service. A bonus to which a public servant is entitled shall be added to the basic quotient and shall be considered to be an integral part of the translated salary.
In accordance with Article 49č of this Act, the number of promotions taken into account for a public servant at the Public Institution RTV Slovenija upon the translation pursuant to this Act may be the same as the number of promotions attained by such an employee if he/she got promoted every three years by one salary grade with regard to the number of years he/she has worked in the positions of the same or similar complexity, yet by a maximum of five salary grades with the promotion criteria being determined by agreement between the partners.
A Public employee for whom Article 112 of the Collective agreement for the Public Institution RTV Slovenija (in force since 1 August 1992) shall apply upon the translation may also be entitled to the remaining salary grades for the promotion referred to in the preceding paragraph.
Any annexes to the employment contracts in accordance with the Rules on the promotion and rewarding of employees at the Public Institution RTV Slovenija shall apply for translation purposes if it is established that they have a legal basis.
If an annex pursuant to the Rules referred to in the previous sentence applies to the public servant upon translation, such an employee may also be entitled to the remaining promotion possibility of up to five salary grades.
Salary group H – Positions and titles in the field of science
Annex to the Collective agreement for research activity (Official Gazette RS, No. 45/92, 50/92, 5/93, 50/94, 45/96, 51/98, 73/98, 106/99, 107/00, 64/01, 84/01 and 85/01): Article 3 of the Annex to the Collective Agreement for research activity (Official Gazette RS, No. 45/92 et seq.) (bonus per position), - Article 54a (bonus to employees for work in research activity), - Article 54b (bonus for special workload and responsibilities), - Article 54c (bonus for appointment to a title), and - Article 54d (increase in bonus).
Salary group I – Positions at public agencies, public funds, other public institutes and public commercial institutes and other budget users
The Decree on the quotients applied in fixing basic salary and salary bonuses of the persons employed by the Government of the Republic of Slovenia and by administrative bodies (Official Gazette RS, No. 35/96, 5/98, 33/00, 1/01, 63/01, 37/02, 60/02, 61/02 and 105/02): - Article 8 (bonus for valuation of restrictions and special workload), - Article 9 (bonus for valuation of special workloads and prohibitions), - Article 10a (bonus for restriction on the right to strike), - Article 14 (bonus for psychophysical strain and work with clients), - Article 15 (bonus for special workload for technical staff), - Article 16 (bonus for work in administration), and - Article 16a (bonus in accordance with the agreement on public sector salary adjustment method in 2001). The Collective agreement for employees in the health insurance of Slovenia (23 December 1992, amendments: 1 May 1994, 1 July 1995, 1 July 1996, 1 January 1998, 2 July 1998, 27 November 2000, 25 September 2001 and 18 December 2002 and 18 December 2002): - Article 210 (bonus for impact of environmental issues), - Article 213, paragraph three (bonus for work at the Institute), - Article 214 (function allowance other than bonus for responsibility regarding coordination of team work (last indent of point a) and bonus from point f), - Article 215 (bonuses resulting from special authorisations and mental strain), - Article 216 (bonus for medical doctors), - Article 217 (bonus for complexity of social contacts), - Article 218 (bonus for special workload and responsibilities), and - Article 218a (corrective bonus), - Article 219 (bonus for bar exam or special licence), - Article 220 (bonus due to prohibitions and restrictions).
The Collective agreement for the health- care and social care activity in Slovenia (Official Gazette RS, No. 15/94, 57/95, 19/96, 56/98, 76/98, 102/00 and 62/01): - Article 2 of the Annex to the Collective agreement for the health- care and social care activity in Slovenia (Official Gazette RS, No. 62/01), published on 27 July 2001, in force since 27 July 2001 (corrective bonus), - Article 76 (bonus for impact of environmental issues and workload), - Article 89b (bonus for job complexity and exposure), and - Article 89c (bonus for special workload and responsibilities).
The Collective agreement for the Pension and Disability insurance Institute of Slovenia (consolidated text on 22 November 2000 and amendment on 23 May 2001): - Article 12 (bonus for work at the Institute), - Article 14a (bonus for specific nature of work in the field of pension and disability insurance), - Article 17 (bonus for special responsibility), and - Article 19b (bonus for prohibitions and special efforts and psychophysical strain; for those public servants not regulated by the Decree on salaries of directors within the public sector), - Article 26a (bonus aimed at protecting the salaries of female employees older than 50 and male employees older than 55 years).
The Collective agreement of the Employment Service of the Republic of Slovenia, signed on 17 May 1995, with amendments on 23 October 2003 and annexes: No. 1 of 20 July 1999, No. 2 of 8 November 2000, No. 3 of 16 January 2001, No. 4 of 24 October 2002: - Article 126 (bonus for physical strain, special burdens when working with clients) - Article 127 (bonus for work-related restrictions).
The Protection Against Natural and Other Disasters Act (ZVNDN, Official Gazette RS, No. 64/94 and 33/00) - Article 106 (bonus for valuation of work under special working conditions).
The Collective agreement for professional fire fighters and other employees at the Public Institute for Rescue and Fire Fighting Maribor - register of collective agreements: Decision of the Maribor Administrative Unit No. 14100-0003/98- 0800-10, of 23 September 1998.
Salary group J – Auxiliary positions
The bonuses from the regulations and collective agreements shall apply to individual positions with regard to the salary group to which a specific position belongs.
(2) The budget users who have paid out the bonuses on the basis of their general acts shall take all the bonuses into consideration during the translation not laid down as bonuses in the Collective agreement for the public sector. Any budget user shall be obliged to send a list of all the bonuses taken into consideration upon translation to the ministry responsible for the public sector salary system for information.
(3) Any bonuses not taken into consideration upon translation may not be laid down in the Collective agreement for the public sector. Article 49c
(1) The nominal value of a position or a title, calculated in accordance with Articles 49a and 49b of this Act, shall be translated to a salary grade under this Act by classifying it into the nearest salary grade in terms of value from Annex 1 of this Act. The translation of the benchmark positions and titles is contained in the annex to the Collective agreement for the public sector and the translation of all the positions and titles in the annex to the regulations or annexes to the collective agreements of activities and professions. If the translation of positions and titles is not laid down in the above mentioned acts it shall be stipulated by an act of a budget user’s body responsible for the regulation of the rights and obligations deriving from the labour relations.
(2) The nominal value of a public servant’s basic salary, calculated in accordance with Articles 49a and 49b of this Act, shall be translated to a basic salary according to this Act through classification into a salary grade from Annex 1, nearest in terms of value, though not lower than the salary grade that is higher by as many grades from the salary grade of the public servant’s position as attained by the latter through promotion until the date of the translation.
(3) The nominal value of the basic salary of an official, calculated in accordance with Articles 49a and 49b of this Act, shall be translated to a salary grade under this Act by classifying it into the nearest salary grade in terms of value from Annex 1 of this Act. The translation shall be laid down by an act of the budget user’s body responsible for the regulation of the rights and obligations deriving from labour relations.
(4) The nominal value of an official’s salary, calculated in accordance with Articles 49a and 49b of this Act, shall be translated to a salary grade according to this Act through classification into the nearest salary grade in terms of value from Annex 1, though not lower than the salary grade that is higher by as many grades from the salary grade of the function attained by the official until the date of the translation. The translation shall be laid down by an act of the budget user’s body responsible for the regulation of the rights and obligations deriving from labour relations.
2. ELIMINATION OF DISPROPORTIONS IN BASIC SALARIES OF OFFICIALS AND PUBLIC SERVANTS Article 49č
(1) Any public servant who, based on the translation, was classified into a higher salary grade than the translated salary grade of his position or title, shall be, in order to eliminate the disproportions, classified into the salary grade that is higher than the salary grade of the position or title determined in accordance with this Act by the difference between the translated salary grade of a public servant in accordance with the second paragraph of Article 49c and the translated salary grade of position or title in accordance with the first paragraph of Article 49c of this Act.
(2) If the Collective agreement for the public sector, the Collective agreement for the activities or the profession, or the regulation on positions or titles to which a public servant was classified, determines a higher salary grade than the translated salary grade determined on the basis of the first paragraph of Article 49c of this Act, a higher salary grade than that specified based on the second paragraph of Article 49c of this Act shall be determined for a public servant in order to eliminate the disproportions in the basic salary; however, the basic salary of the higher salary grade shall be reached gradually.
(3) In accordance with the previous paragraphs, a public servant cannot be classified to a higher salary grade than the salary grade of position or title that can be reached by promotion.
(4) A public servant shall reach the basic salary belonging to a higher salary grade in order to eliminate the disproportions within the time limits and in the manner determined by the Collective agreement for the public sector.
(5) A gradual elimination of the difference between the basic salary of a higher salary grade and the basic salary of the salary grade into which the public servant was classified with the translation, shall be carried out within the time limits and in the manner agreed in the Collective agreement for the public sector. For employees in the activities and professions in which, prior to the enactment of this Act, the system of promotion into salary grades or titles was not implemented and in which there was no compensation allowance, the criteria for classifying them into a salary grade, which include the right to past promotion and compensation allowances, shall be defined in the Collective agreement for the public sector.
(6) The resulting disproportion for the officials in the A1, A2, A3 and A4 salary subgroups, who are entitled to a higher basic salary than the translated basic salary determined in accordance with the regulations that applied until the officials’ salaries started to be calculated according to this Act shall be eliminated as follows: a) the disproportions of the basic salaries that are higher than four salary grades shall be eliminated on 1 January 2008 in the amount of the disproportion above four salary grades, b) the remaining disproportions of the basic salaries shall be eliminated in the period between 2008 and 2011 as follows: - 1/3 of the disproportion shall be eliminated on 1 January 2008, - 1/3 of the disproportion shall be eliminated on 1 July 2008, - 1/3 of the disproportion shall be eliminated on 1 October 2011. (7) The resulting disproportion for the officials, entitled to a lower basic salary than the translated basic salary determined in accordance with the regulations that applied until the officials’ salaries started to be calculated according to this Act shall be eliminated on 1 January 2008, whereby the provision of Article 49 of this Act shall apply.
(8) In cases in which the basic salaries of officials compared to the translated salaries are increasing, the officials who take up duty after 1 January 2008 shall be entitled to the basic salary in the amount of the basic salary that was specified for this function with the translation in accordance with the third paragraph of Article 49c of this Act, increased by the share for which the disproportions were eliminated to the day of taking up duty.
(9) In cases in which the basic salaries of officials compared to the translated ones are decreasing, the officials who take up duty after 1 January 2008 shall be entitled to the basic salary of the function as determined in Annex 3 to this Act.
(10) The salaries of the officials who are employed, transferred or appointed to the title based on the first salary calculation in accordance with this Act shall also be determined in the manner specified in the eighth paragraph of this Article.
(11) If, at the time of employment, transfer, appointment or election, a higher salary grade is determined for the public servant or official than the salary grade of the position, title or function, the additional salary grades shall be added to the salary grade determined in the ninth, tenth and eleventh paragraphs.
Article 49d
(1) During the elimination of disproportions, the public servant shall be promoted within his/her position or title in accordance with this Act and the issued regulations on the basis thereof. Promotion of public servant shall not be deemed as the elimination of disproportion in the basic salary, and both procedures shall be separated from one another. The salary grades that a public servant earns by promotion at the regular position or title shall be added to the already reached salary grade.
(2) The provision of the previous paragraph shall also apply mutatis mutandis for judges, state prosecutors and state attorneys.
Article 49e
Should the public servant or official be promoted to a higher position or title during the elimination of disproportion, he/she shall be classified to the salary grade of the new position or title in accordance with the regulations that apply to promotion to a higher position or title.
3. COMPARISON BETWEEN THE SALARY OF THE PUBLIC SERVANT AND THE OFFICIAL PRIOR TO AND AFTER APPLICATION OF THIS ACT Article 49f
(1) Pursuant to Article 49 of this Act, a comparison shall be carried out between the salary determined on the basis of the regulations and collective agreements that apply until the beginning of payment of salaries according to this Act, and the salary paid according to this Act.
(2) The comparable amount of the salary determined on the basis of the regulations and collective agreements, which apply until the beginning of payment of salaries according to this Act, shall be the public servant’s salary for the month prior to the first payment of salaries according to this Act, calculated for full-time work (174 working hours or less, if so determined by a special law for a particular position). In the calculation, the nominal amount of the basic salary determined in accordance with the third paragraph of Article 49a of this Act, management allowance, length-of-service increment, loyalty bonus, allowance for specialisation, master's degree and PhD, and bilingualism bonus shall be taken into account.
(3) The comparable amount of the salary determined according to this Act shall be the public servant’s salary calculated for full-time work (174 working hours or less, if so determined by a special law for a particular position). In the calculation, the basic salary corrected by any elimination of disproportion of the basic salary, position bonus, length-of- service increment, loyalty bonus, allowance for specialisation, master's degree and PhD, and bilingualism bonus shall be taken into account. (4) If the comparable amount of salary calculated in accordance with the second paragraph of this Article is higher than the comparable amount of salary calculated in accordance with the previous paragraph, the difference to the salary amount referred to in the second paragraph of this Article shall be added to the salary amount referred to in the previous paragraph.
(5) The comparable amount of the salary determined on the basis of the regulations, which apply until the beginning of payment of officials’ salaries according to this Act, shall be the salary for the month prior to the first payment of salaries according to this Act, calculated for full-time work (174 working hours). In the calculation, the coefficient for determining the official’s salary, position bonus or non-compatibility bonus or performance-related bonus for state secretaries and members of the National Review Commission, management allowance, allowance for management at the head office, length-of-service increment and bilingualism bonus shall be taken into account.
(6) The comparable amount of the salary determined according to this Act shall be the official’s salary calculated for full- time work (174 hours). In the calculation, the basic salary corrected by any elimination of disproportion of the basic salary, position bonus, length-of-service increment, allowance for specialisation, master's degree and PhD, and bilingualism bonus shall be taken into account.
(7) If the comparable salary amount of a constitutional judge, a judge, a state prosecutor or a state attorney calculated in accordance with the fifth paragraph of this Article is higher than the comparable salary amount calculated in accordance with the sixth paragraph of this Article, the difference to the salary amount referred to in the fifth paragraph of this Article shall be added to the salary amount referred to in the sixth paragraph of this Article. If the comparable salary amount of another official calculated in accordance with the fifth paragraph of this Article and reduced by 5% is higher than the comparable amount of salary calculated in accordance with the previous paragraph, the difference to the salary amount referred to in the fifth paragraph of this Article and reduced by 5% shall be added to the salary amount referred to in the previous paragraph.
Article 50
(1) In 2003, the funds for performance-related bonus shall amount to 2% of the annual funds for salaries.
(2) In the subsequent years, the performance-related bonus shall depend on the funds available in the national budget and according to this Act.
(3) Adjustment of the ratios between the individual salary subgroups stipulated in Annex 2 to this Act shall be carried out step-by-step in the period up to 2009.
(4) The range between the lowest and the highest basic salary shall be proportionately reduced in the period between 2004 and 2009 through appropriate stipulation of the values of salary grades, such that in 2009 it shall amount to no more than 1:10.
(5) The values of the salary grades specified in Annex 1 to this Act shall first be adjusted for 2004 pursuant to the procedure determined in Article 5 of this Act.
(6) From 2004 and the final elimination of disproportions in the public sector at the latest by 31 December 2009, half of the adjustment or the amount of funds from the agreed adjustment and the funds from other sources shall be earmarked each year for eliminating the identified disproportions between the basic salaries in the public sector and for reducing the range between the lowest and the highest basic salary in the public sector to the ratio 1:10. (7) The funds for eliminating the identified disproportions shall be collected under a special budget item of the state budget and the local community budgets. For the field of health- care, the funds for eliminating the identified disproportions shall be provided by a general agreement for implementing the health care programme in accordance with the law regulating health- care and health insurance.
(8) The funds earmarked for eliminating disproportions shall represent a part of unpaid salary adjustment to which the public servants are entitled. If all implementing regulations and collective agreements required for the calculation and payment of salaries under this Act are not adopted by 1 April 2006, the Government and the representative civil servants’ unions shall agree on the method of eliminating disproportions to the extent made possible by the funds under Article 50b of this Act, resulting from the lower adjustment of salaries, or on additional salary adjustment, the level of disproportions, further allocation of funds for their elimination and salary adjustment in 2006.
4. EARMARKED FUNDS FOR ELIMINATING DISPROPORTIONS IN SALARIES Article 50a
(1) For the purpose of providing the earmarked funds referred to in Article 50b of this Act, the ‘earmarked’ items shall be opened in the national budget of the Republic of Slovenia, the local communities budgets and at the Health Insurance Institute of Slovenia (hereinafter referred to as the fund provider). The appropriated funds shall be intended for the elimination of disproportions in the basic salaries in accordance with the provision of Article 49č of this Act.
(2) The uncommitted funds of the 'earmarked' items in the current year shall be transferred to the next year.
(3) When the Government and the representative civil servants’ unions establish that the salary disproportions have been eliminated, they shall agree in the Collective agreement for the public sector to end the obligation of allocating funds under 'earmarked' items and to transfer any uncommitted funds from the lower salary adjustment to the additional salary adjustment.
Article 50b
(1) Under the ‘earmarked’ item, the fund provider shall allocate funds from the agreed portion of salary adjustment earmarked for the elimination of disproportions in accordance with the sixth paragraph of Article 50 of this Act, namely in the extent of designated funds for the budget users for whom the funds for salaries are provided by the fund provider.
(2) The obligation of allocating the funds under the 'earmarked' items shall begin on 1 July 2005 at the level of a 0.5% salary adjustment (adjustment for 2005) and of a 0.2% salary adjustment (adjustment for 2004) from the starting salary amount or the salary calculation basis for July 2005, except for the 'earmarked' item of the budget of the Republic of Slovenia, under which the funds for the period from 1 July 2004 to 30 June 2005 shall be provided at the level of a 0.2% salary adjustment from the starting salary amount or the salary calculation basis for July 2004, namely in the extent of designated funds for budget users for whom the funds for salaries are provided by the state budget.
(3) Until the adoption of the Collective agreement for the public sector, the share of funds for eliminating the disproportions shall be specified in accordance with this Act and the Understanding on the amount and method of basic salary adjustment and the amount of holiday allowance for 2004 and 2005 (Official Gazette RS, No. 73/03), and after adopting the Collective agreement for the public sector in accordance therewith and this Act.
(4) The extent of the allocated funds shall have no impact on the employer’s obligation towards the payment of salaries to the public servants in the amount and within the schedule in accordance with collective agreements and implementing regulations.
Article 50c
The earmarked funds shall begin to be used for their purpose when the budget users start paying the salaries according to this Act.
Article 50č
The instruction for calculating the amount of the fund provider’s obligation referred to in Article 50b of this Act, the method of payment and the method of reporting shall be determined by the minister responsible for the salary system in the public sector in consent with the minister responsible for finance.
Article 50d
(1) The ministry responsible for the salary system in the public sector shall be responsible for recording the balance of funds under the ‘earmarked’ budget items referred to in Article 50a of this Act.
(2) Once a year, the ministry responsible for the salary system in the public sector shall inform the representative civil servants' unions of the amount of allocated and paid out funds under the ‘earmarked’ items.
(3) The Budgetary Inspection of the Budget Supervision Office at the ministry responsible for finance shall be responsible for the supervision of the regularity of the calculation of funds for eliminating the disproportions.
Article 51
The Council referred to in Article 34 of this Act shall be established within 30 days after entry into force of this Act.
Article 52
(1) On the day this Act enters into force all the provisions of laws and other regulations governing the salaries of employees of public institutes, state bodies and local authorities, and other persons under public law governed by this Act shall cease to be valid, with the exception of the provisions of sectoral regulations governing promotion or acquisition of titles and the provisions of sectoral laws determining the loyalty bonus for public servants or officials with special authorisations.
(2) Notwithstanding the provision of the previous paragraph, the loyalty bonus for public servants or officials with special authorisations, under the conditions determined in the sectoral laws, shall remain the same as the percentage specified for the length-of-service increment after the beginning of payment of salaries according to this Act.
(3) The adjustment amount of the starting salary for tariff class I for August 2003 and January 2004 may be amended only by an annex to the Collective agreement for the non-economic sector of the Republic of Slovenia.
(4) The payment of salaries according to this Act for salary groups C, D, E, F, G, H and I with the relevant positions from salary group J must be provided within three months after the conclusion of the Collective agreement on common methodology for classifying benchmark positions and titles into salary groups, the Collective agreement for the public sector, all required implementing regulations and the conclusion of collective agreements or their annexes that classify into the salary grades all positions and titles in this salary group with the relevant positions from salary group J.
(5) Notwithstanding the provision of the previous paragraph, the payment of salaries according to this Act for a particular salary group shall not be possible until the conclusion of all collective agreements classifying, into salary grades, all positions and titles of at least three salary groups referred to in the previous paragraph of this Article with the relevant positions from salary group J.
(6) Until the payment of salaries according to this Act, the salaries of public servants and officials shall be paid according to the regulations and collective agreements valid before the enactment of this Act.
(7) In the period until the beginning of the payment of salaries in accordance with this Act and irrespective of the provision of the sixth paragraph of this Article, it shall be possible to determine or pay to any salary group B public servant, through an employment contract, a salary in the maximum amount not exceeding, without the length-of-service increment, the gross salary under salary grade 65 for the budget users established by the State, and the gross salary under salary grade 59 from Annex 1 of this Act for the budget users established by the local community.
(8) The exceptions to the restriction referred to in the seventh paragraph of this Article shall be permissible only in the case of on-call duty pay if the budget user obtains consent from the responsible minister, because the on-call duty work of the public servant from salary group B is necessary in order to enable smooth performance of the activity.
(9) In the period of application of the seventh paragraph of this Article it shall be possible to pay a one-off annual performance-related bonus to a public servant from B salary group B, in addition to the salary, only with the founder’s consent and if the following conditions are met: the conclusion of the management authority responsible for adopting the annual report that the goals of the annual ־ work programme were exceeded, ,a positive operating result ־ more than 10% of revenues from sale of goods and services in the market, and ־ the payment of increased work performance for the employees with the founder's consent when such consent is ־ required according to the regulations.
(10) The concluded employment contracts shall be adjusted with the provisions of the previous three paragraphs within three months from the entry into force of the Act Amending the Public Sector Salary System Act – ZSPJS-D (Official Gazette RS, No. 53/05).
(11) Notwithstanding the provision of the fourth paragraph of this Article, the salaries of head teachers, directors and secretaries shall begin to be paid according to the provisions of this Act at the latest on 1 March 2006. If by 31 December 2005 the Collective agreement for the public sector is not adopted, the Government shall determine, by means of a regulation, the amount of the bonuses to be applied to the payment of salaries of head teachers, directors and secretaries until the application of the Collective agreement for the public sector. Notwithstanding the other provisions of this Act, the time schedule of eliminating the disproportions in the basic salaries shall be determined by a decree on salaries of directors in the public sector. The provisions of the first paragraph of Article 49 and Article 49f of this Act shall not apply to the payment of salaries of directors.
(12) The starting salary for non-economic activities for tariff class I from 1 July 2004 shall amount to SIT 53,748.
Article 52a
(1) The starting salary for non-economic activities for tariff class I from 1 July 2005 shall amount to SIT 54,823.
(2) The salary scale in Annex 1 to this Act shall be amended by increasing the basic salaries of salary grades by 2%. A harmonised Annex 1 shall be published as an annex to this Act.
(3) Notwithstanding the provisions of Chapter VIII of this Act, the range of salary grades in the A3 salary subgroup shall be amended by Annex 2 to this Act without prior opinion of the Council.
Article 53
This Act shall enter into force fifteen days after its publication in the Official Gazette of the Republic of Slovenia, and shall begin to be applied on 1 July 2004 with the exception of the first paragraph of Article 50 of this Act. The Act Amending the Public Sector Salary System Act – ZSPJS-A (Official Gazette of the Republic of Slovenia, No. 72/03) contains the following final provision: Article 2
This Act enters into force on the day following its publication in the Official Gazette of the Republic of Slovenia.
The Act Amending the Public Sector Salary System Act – ZSPJS-B (Official Gazette of the Republic of Slovenia, No. 126/03) contains the following transitional and final provisions: TRANSITIONAL AND FINAL PROVISIONS
Article 4
Notwithstanding the deadlines for the adoption of implementing regulations and collective agreements stipulated in Articles 46 and 47 of the Act, all implementing regulations shall be adopted and collective agreements shall be concluded no later than within 45 days of the applicability of the Act.
Article 5
This Act enters into force on the day following its publication in the Official Gazette of the Republic of Slovenia.
The Act Amending the Public Sector Salary System Act – ZSPJS-C (Official Gazette of the Republic of Slovenia, No. 70/04) contains the following transitional and final provisions: TRANSITIONAL AND FINAL PROVISIONS
Article 19
The salary scale from Appendix I to the Act shall be amended so that the basic salaries of individual salary grades are increased by 2.50%. The amended Appendix I shall be published in the Appendix to this Act. Article 20
This Act enters into force on the day following its publication in the Official Gazette of the Republic of Slovenia and is applicable as of 1 July 2004.
The Act Amending the Public Sector Salary System Act – ZSPJS-D (Official Gazette of the Republic of Slovenia, No. 53/05) contains the following transitional and final provisions: Article 17
This Act enters into force on the day following its publication in the Official Gazette of the Republic of Slovenia and is applicable as of 1 July 2005.
The Act Amending the Public Sector Salary System Act – ZSPJS-E (Official Gazette of the Republic of Slovenia, No. 14/06) contains the following transitional and final provisions: Article 9
Until the entry into force of the Collective agreement for the public sector, the length-of-service increment for officials shall be provisionally set in the amount of 0.3% of the basic salary for each year of service completed. (Note: the article ceased to apply on the day of the enactment of ZSPJS-G.) 10. Article 10
Officials entitled to a basic salary higher than the translated basic salary set in accordance with the regulations applying until the commencement of applicability of this Act, shall have this disproportion eliminated as follows: - disproportions in basic salaries greater than four salary grades shall be eliminated with the commencement of applicability of this Act, namely in the amount of the disproportion above the four salary grades, - the remaining disproportions in basic salaries shall be eliminated in the period from 2006 to 2009, whereby the calculation of salaries for the month of December of each year shall eliminate 25% of the disproportion in the basic salaries.
Officials entitled to a basic salary lower than the translated basic salary set in accordance with the regulations applied until the commencement of applicability of this Act, shall have this disproportion eliminated with the commencement of applicability of this Act. (Note: the article ceased to apply on the day of the enactment of ZSPJS-G.) Article 11
The salaries of officials, pursuant to this Act, are calculated in accordance with the regulation in force governing the uniform methodology and forms for the calculation and payment of salaries in the public sector.
Article 12
Salaries of officials begin to be calculated in accordance with the Act on the day of commencement of applicability of this Act.
Article 13
This act enters into force on the day following its publication in the Official Gazette of the Republic of Slovenia and is applicable as of 1 March 2006.
The Act Amending the Public Sector Salary System Act – ZSPJS-F (Official Gazette of the Republic of Slovenia, No. 68/06) contains the following transitional and final provisions: Article 6
(1) The first paragraph of Article 96 of the Civil Employees Act (Official Gazette of the Republic of Slovenia, No. 32/06 – official consolidated text) as well as the fourth, fifth and sixth paragraphs of Article 41c of the General Practitioner Services Act (Official Gazette of the Republic of Slovenia, No. 36/04 – official consolidated text, and No. 47/06) cease to be in force on the day of the enactment of this Act and apply until the first payment of salaries under the Act when Article 22a of the Act becomes applicable.
(2) Notwithstanding the provision of the fifth paragraph of Article 52 of the Public Sector Salary System Act (Official Gazette of the Republic of Slovenia, No. 32/06 – official consolidated text), the provision of Article 22a of the act governing public servants, who have not had their rights arising from increased workload determined by the time of the enactment of this Act, shall become applicable five months after the enactment of this Act.
(3) The government shall adopt the regulation from Article 22a of the Act no later than within four months of the enactment of this Act.
Article 7
(1) The starting salary for non-commercial activities for tariff group I shall amount to 55,536 Slovenian tolars as of 1 July 2006.
(2) The salary scale from Appendix I to this Act shall be amended so that the basic salaries of individual salary grades are increased by 1.30%.
(3) The adjusted salary scale stipulated in Appendix 1 shall be published in the appendix to this Act.
(4) The minister responsible for the public sector salary system shall, on the day of commencement of the use of the euro as the unit of currency of the Republic of Slovenia and in accordance with the special act of law that shall regulate the method of transition from the tolar to the euro, publish in the Official Gazette of the Republic of Slovenia the adjusted starting salary for non-commercial activities for tariff group I and the salary scale from Appendix 1 that shall apply as of 1 January 2007.
(5) 1.05% of the amount of the starting salary or of the basis for the calculation of salaries for the month of June 2006 shall be used for the elimination of disproportions in salaries as of 1 July 2006.
Article 8
If the Government of the Republic of Slovenia and the representative trade unions fail to agree by 31 October 2006 on the method for the determination of the number of members pursuant to the second paragraph of Article 42 of this Act, irrespective of the provision of the first paragraph of Article 42 of the Act, it shall be deemed that the Collective agreement for the public sector has been concluded when it is signed by the Government of the Republic of Slovenia and the majority of the representative public sector trade unions.
Article 9
This Act enters into force on the day following its publication in the Official Gazette of the Republic of Slovenia.
The Act Amending the Public Sector Salary System Act – ZSPJS-G (Official Gazette of the Republic of Slovenia, No. 57/07) contains the following transitional and final provisions:
TRANSITIONAL AND FINAL PROVISIONS Article 26
Officials in salary subgroup A5 who were entitled, in accordance with the Ordinance on Officials’ Salaries (Official Gazette of the Republic of Slovenia, No. 14/06), to a basic salary higher than the translated basic salary set in accordance with the regulations that applied up until the commencement of applicability of the said ordinance and who had a quarter of their disproportion eliminated with the commencement of applicability of the said ordinance, shall have their remaining disproportion eliminated in the period from 2007 to 2009, whereby one quarter of the disproportion shall be eliminated in the calculation of salaries for the month of December of each year.
Article 27
(1) The regular performance-related pay shall begin to be paid to judges, state prosecutors and state attorneys for the year 2008.
(2) The increased workload-related pay of judges, state prosecutors and state attorneys may begin to be paid as soon as in 2007, namely within the scope of allocated budget funds. The increased workload related pay in 2007 shall be paid to judges, state prosecutors and state attorneys for the implementation of the project for the elimination of court backlogs, while it shall be paid to state attorneys for the project for the return of investments in the telecommunications network.
(3) The criteria for the determination of the amount of the increased workload related pay of judges, state prosecutors and state attorneys shall be stipulated no later than by 15 July 2007.
Article 28
The amount of funds for the regular performance-related pay of judges, state prosecutors and state attorneys for 2008 is 2% of the annual funds intended for basic salaries.
Article 29
On the day of the enactment of this Act, the Ordinance on Officials’ Salaries (Official Gazette of the Republic of Slovenia, No. 14/06) shall cease to be in force.
Article 30
On the day of the enactment of this Act, Articles 9 and 10 of the Act Amending the Public Sector Salary System Act (Official Gazette of the Republic of Slovenia, No. 14/06) shall cease to apply.
Article 31
(1) The starting wage for non-commercial activities for tariff group I shall amount to 232.79 euros as of 1 July 2007. In the calculation of salaries for July 2007, public servants shall be entitled to back pay for the January–June 2007 period in the amount of the difference up to the starting salary or salary grade valid until 1 January 2007.
(2) The officials’ basis for the calculation of officials’ salaries shall amount to 615.74 euros as of 1 January 2007. In the calculation of salaries for July 2007, officials shall be entitled to back pay for the January–June 2007 period in the amount of the difference up to the salary grade valid until 1 January 2007.
(3) The starting salary for non-commercial activities for tariff group I shall amount to 235.82 euros as of 1 June 2007.
(4) The salary scale from Appendix I to this Act shall be amended so that the basic salaries of individual salary grades are increased by 0.45% as of 1 January 2007.
(5) The salary scale from Appendix I to this Act shall be amended so that the basic salaries of individual salary grades are increased by 1.30% as of 1 July 2007.
(6) Officials and public servants whose salaries were already calculated in accordance with this Act in the January–June 2007 period, shall be entitled to back pay for the period up to June 2007 in the amount of the difference up to the salary grade valid until 1 January 2007.
(7) The adjusted salary scales from Appendix 1 shall be published in the appendix to this Act.
(8) 1.26% of the amount of the starting salary or of the basis for the calculation of salaries for the month of June 2007 shall, as of 1 July 2007, be used for the elimination of disproportions in salaries.
Article 32
The salaries of officials shall start to be calculated in accordance with this Act as of 1 January 2008, with the exception of the increased workload-related pay from the third paragraph of Article 27 of this Act. Article 33
This Act enters into force on the day following its publication in the Official Gazette of the Republic of Slovenia.
The Act Amending the Public Sector Salary System Act – ZSPJS-H (Official Gazette of the Republic of Slovenia, No. 17/08) contains the following transitional and final provisions:
TRANSITIONAL AND FINAL PROVISIONS
Article 2
(1) The starting salary for non-commercial activities for tariff group I shall be increased by 3.4% as of 1 January 2008 and shall amount to 243.84 euros. Public servants shall be entitled to back pay as of 1 January 2008.
(2) The salary scale from Appendix 1 of the Act shall be amended so that the basic salaries of individual salary grades are increased by 3.4% as of 1 January 2008. Officials, principals, directors and secretaries in the public sector shall be entitled to back pay as of 1 January 2008.
(3) The adjusted salary scale from the previous paragraph shall be published as Appendix 1 to this Act.
Article 3
The part of Article 1 of this Act, which adds in point b of Appendix 3 the function of the "president of the national council" in the table under code "A020201" and classifies it into the 64th salary grade, starts to apply on the day the president of the national council commences to perform his function professionally.
Article 4
This Act enters into force on the day following its publication in the Official Gazette of the Republic of Slovenia.
The Act Amending the Public Sector Salary System Act – ZSPJS-I (Official Gazette of the Republic of Slovenia, No. 58/08) contains the following transitional and final provisions: TRANSITIONAL AND FINAL PROVISIONS
Article 23 – ZSPJS-L is observed
(1) The starting salary for non-commercial activities for tariff group I shall amount to 248.72 euros as of 1 July 2008.
(2) The salary scale from Appendix I to this Act shall be amended so that the basic salaries of individual salary grades are increased by 2.00% as of 1 July 2008.
(3) The adjusted salary scale stipulated in the previous paragraph shall be published as Appendix 1 to this Act.
(4) Appendix 2 shall be deleted.
(5) (ceased to be in force)
(6) (ceased to be in force)
Article 24
On the day of the enactment of this Act, the fourth paragraph of Article 58 of the Service in the Slovenian Armed Forces Act (Official Gazette of the Republic of Slovenia, No. 68/07) shall cease to be in force.
Article 25
This Act enters into force on the day following its publication in the Official Gazette of the Republic of Slovenia.
The Act Amending the Public Sector Salary System Act – ZSPJS-J (Official Gazette of the Republic of Slovenia, No. 80/08) contains the following final provision:
Article 3
This Act enters into force on the day following its publication in the Official Gazette of the Republic of Slovenia. The Act Amending the Public Sector Salary System Act – ZSPJS-K (Official Gazette of the Republic of Slovenia, No. 48/09) contains the following final provision:
FINAL PROVISION Article 2
This Act enters into force on the day following its publication in the Official Gazette of the Republic of Slovenia and is applicable as of 1 July 2009.
The Act Amending the Public Sector Salary System Act – ZSPJS-L (Official Gazette of the Republic of Slovenia, No. 91/09) contains the following transitional and final provisions: TRANSITIONAL AND FINAL PROVISIONS Article 17
(1) Notwithstanding Article 16 of this Act, constitutional court judges, secretary-general of the constitutional court, judges, state prosecutors and state attorneys as well as the secretary-general of the supreme court shall, in the period from 1 July 2009 to 1 December 2010, have their basic salaries determined according to the following salary grades:
Function code Function Number of employees at the budget user Salary grade A037101 president of the supreme court 65 A037105 vice-president of the supreme court 60 A037301 president of the higher court in tariff group I more than 100 employees 60 A037401 president of the district court in tariff group I more than 300 employees 57 A037302 president of the higher court in tariff group II up to 100 employees 59 A037311 vice-president of the higher court in tariff group I more than 100 employees 58 A037501 president of the local court in tariff group I more than 300 employees 55 A037110 senior supreme court judge 58 A037402 president of the district court in tariff group II from 101 to 300 employees 56 A037411 vice-president of the district court in tariff group I more than 300 employees 55 A037312 vice-president of the higher court in tariff group II up to 100 employees 57 A037403 president of the district court in tariff group III up to 100 employees 55 A037502 president of the local court in tariff group II from 101 to 300 employees 54 A037511 vice-president of the local court in tariff group I more than 300 employees 53 A037111 supreme court judge 57 A037503 president of the local court in tariff group III from 51 to 100 employees 53 A037412 vice-president of the district court in tariff group II from 101 to 300 employees 54 A037107 secretary-general of the supreme court 55 A037330 senior higher court judge 56 A037504 president of the local court in tariff group IV up to 50 employees 52 A037413 vice-president of the district court in tariff group III up to 100 employees 53 A037450 senior district criminal court judge 54 A037460 senior district court judge 53 A037550 senior local court judge 51 A037512 vice-president of the local court in tariff group II from 101 to 300 employees 52 A037513 vice-president of the local court in tariff group II from 51 to 100 employees 51 A037514 vice-president of the local court in tariff group IV up to 50 employees 50 A037331 higher court judge 51-55 A037451 district criminal court judge 47-53 A037461 district court judge 46-52 A037551 local court judge 43-50
Function Function Number of employees at the budget user Salary grade code A047101 president of the constitutional court 65 A047401 state prosecutor general 64 A047110 constitutional court judge 63 A047405 deputy state prosecutor general 59 A047451 head of the district state prosecutor’s office in tariff area of the district court in tariff group I 57 group I A047501 attorney general 58 A047105 secretary-general of the constitutional court 58 A047452 head of the district state prosecutor’s office in tariff area of the district court in tariff group II 56 group II A047453 head of the district state prosecutor’s office in tariff area of the district court in tariff group III 55 group III A047420 senior supreme state prosecutor 58 A047425 supreme state prosecutor 57 A047505 deputy attorney general 57 A047456 deputy head of the district state prosecutor’s office area of the district court in tariff group I 55 in tariff group I A047440 senior higher state prosecutor 56 A047460 senior district state prosecutor 54 A047457 deputy head of the district state prosecutor’s office area of the district court in tariff group II 54 in tariff group II A047458 deputy head of the district state prosecutor’s office area of the district court in tariff group III 53 in tariff group III A047445 higher state prosecutor 51-55 A047520 state attorney 51-55 A047465 district state prosecutor 47-53 A047468 assistant to the district state prosecutor 43-50 A047535 assistant to the state attorney 43-50
(2) A constitutional court judge, secretary-general of the constitutional court, secretary-general of the supreme court, judge, state prosecutor and a state attorney who cannot advance to a higher salary grade shall, as of 1 July 2009, be classified into the salary grade into which the function that they shall take up upon classification is classified in accordance with the previous paragraph.
(3) A judge, state prosecutor and state attorney who can advance to a higher salary grade shall, as of 1 July 2009, be classified into the salary grade into which the function that they shall take up upon classification is classified in accordance with the previous paragraph of this Article. If they have already reached or surpassed this salary grade, they are classified into the next higher salary grade than the one they had already reached, but not higher than the highest salary grade they can reach by way of advancement to a higher salary grade.
(4) A judge, state prosecutor and state attorney who can advance to a higher salary grade can, by advancing to a higher salary grade by 1 December 2010, be classified within the band of salary grades that are stipulated for individual functions in the first paragraph of this Article.
(5) A constitutional court judge, secretary-general of the constitutional court, judge, state prosecutor or state attorney as well as secretary-general of the supreme court who takes office in the period from 1 July 2009 to 1 December 2010 is classified into a salary grade into which the function that they take up is classified in accordance with the first paragraph of this Article.
Article 18
(1) A constitutional court judge, secretary-general of the constitutional court, secretary-general of the supreme court, judge, state prosecutor or state attorney who cannot advance to a higher salary grade shall, as of 1 December 2010, be classified into the salary grade into which the function that they shall take up upon classification is classified in accordance with Article 16 of this Act.
(2) A judge, state prosecutor and state attorney who can advance to a higher salary grade shall be classified on 1 December 2010 into the salary grade into which the function that they shall take up upon classification is classified in accordance with Article 16 of this Act. If they have already reached or surpassed this salary grade, they are classified into the next higher salary grade than the one they had already reached, but not higher than the highest salary grade they can reach by way of advancement to a higher salary grade.
Article 19
(1) Notwithstanding the provisions of Articles 8 and 9 of this Act, constitutional court judges and the secretary-general of the constitutional court may, by 1 December 2010, be paid the performance-related pay arising from increased workload.
(2) For the payment of performance-related pay from the previous paragraph, regulations and other acts apply, namely those that applied to constitutional court judges and the secretary-general of the constitutional court up until the enactment of this Act, with the exception of provisions that lay down the amount of the performance-related bonus arising from increased workload.
(3) In the period from the enactment of this Act until 1 December 2010, a constitutional court judge and the secretary- general of the constitutional court shall receive the performance-related pay arising from increased workload in the maximum amount of 25% of their basic salary.
Article 20
(1) Notwithstanding the provision of Article 10 of this Act, judges, state prosecutors and state attorneys shall, in addition to the bonuses stipulated in Article 10 of this Act be entitled to receive the following bonuses by 1 December 2010: - for mentoring, namely for each programmed mentoring hour, a bonus in the amount of 20% of the hourly rate of a mentor’s basic salary that is only calculated for the time when they perform the work of a mentor; - for specialisation, a bonus in the amount of 45 euros; for a masters’ degree, a bonus in the amount of 70 euros and for a PhD, a bonus in the amount of 115 euros, provided the specialisation, masters’ degree or the PhD are not stipulated as a condition for the performance of the function; - a bonus for an investigative judge or state prosecutor for the time they spend investigating crime scenes in the amount of 10% of the hourly rate of the official’s basic salary.
(2) When granting the bonus from the second indent of the previous paragraph, academic titles shall be taken into account; specialisation, masters’ degree and PhD as defined in the third paragraph of Article 8 of this Act.
(3) The bonus stipulated in the second indent of the first paragraph of this Article shall be adjusted in the same manner as the basic salaries.
Article 21
When determining the basic salaries of constitutional court judges and the secretary-general of the constitutional court in accordance with this Act, the Act on Provisional Reduction of Officials’ Salaries (Official Gazette of the Republic of Slovenia, No. 20/09) shall be applied.
Article 22
(1) Upon the classification of constitutional court judges and the secretary-general of the constitutional court, judges, state prosecutors and state attorneys into salary grades, the provision of Article 49č of this Act shall not be observed.
(2) If, after the determination of the salary in accordance with this Act, a constitutional court judge, judge, state prosecutor or state attorney received a salary that was lower than the salary they received according to regulations that applied up to the commencement of the calculation of salaries according to the act governing the public sector salary system or the salary they received according to regulations that applied up to the commencement of the calculation of salaries in accordance with this Act, they shall receive the difference between the comparable amounts until the two amounts are equalised.
(3) A comparable salary amount according to regulations that applied up to the commencement of the calculation of salaries according to the act governing the public sector salary system is the amount determined in accordance with the fifth paragraph of Article 49f of the Act. A comparable salary amount according to regulations that applied up to the commencement of the calculation of salaries according to this Act is the amount determined in accordance with the sixth paragraph of Article 49f of the Act.
(4) A comparable salary amount stipulated by this Act is a salary calculated for full-time employment (174 working hours). The calculation takes into account the basic salary, position bonus, length-of-service increment, bonus for specialisation, masters’ degree or PhD and the bilingualism bonus.
Article 23
On the day of the enactment of this Act, the fifth and sixth paragraphs of Article 23 of the Act Amending the Public Sector Salary System Act – ZSPJS-I (Official Gazette of the Republic of Slovenia, No. 58/08) shall cease to be in force.
Article 24 (1) Salaries for the constitutional court judge, secretary-general of the constitutional court, judge, state prosecutor and state attorney as well as the secretary-general of the supreme court shall begin to be calculated in accordance with this Act from the first day of the month following the enactment of this Act.
(2) For the period from 1 July 2009 up until the commencement of the calculation of salaries according to this Act, a constitutional court judge, secretary-general of the constitutional court, judge, state prosecutor and state attorney as well as the secretary-general of the supreme court shall receive back pay for the difference between the basic salary determined in accordance with this Act and the basic salary that was determined for them for the month prior to the commencement of the calculation of salaries in accordance with this Act.
Article 25
This Act enters into force on the day following its publication in the Official Gazette of the Republic of Slovenia.
The Act Amending the Public Sector Salary System Act – ZSPJS-M (Official Gazette of the Republic of Slovenia, No. 13/10) contains the following transitional and final provisions: TRANSITIONAL AND FINAL PROVISIONS
Article 2
Officials in subgroup A5 shall have the remainder of the disproportion in the basic salaries that have not been eliminated up until the enactment of this Act eliminated on 1 October 2011.
Article 3
(1) The salary scale from Appendix I to the Act shall be amended so that the basic salaries of individual salary grades are increased by 0.2% as of 1 January 2010.
(2) The adjusted salary scale stipulated in the previous paragraph shall be published as Appendix 1 to this Act.
Article 4
Considering the adjustment of the salary scale stipulated in the previous article, officials and public servants in the public sector shall receive back pay from 1 January 2010.
Article 5
This Act enters into force on the day following its publication in the Official Gazette of the Republic of Slovenia.
The Act Amending the Public Sector Wage System Act – ZSPJS-N (Official Gazette of the Republic of Slovenia, No. 59/10) contains the following transitional and final provisions: TRANSITIONAL AND FINAL PROVISIONS
Article 18
The provision of Article 9 of this Act starts to apply as of 1 November 2010. The Government of the Republic of Slovenia shall adopt the amendments to the ordinance laying down the criteria for the determination of the amount of the position bonus no later than within a period of two months of the enactment of this Act.
Article 19
The provisions of Article 10 of this Act start to apply as of 1 January 2011. By the deadline stipulated in the previous sentence, budget users shall, with consent of the responsible minister, designate the positions in their respective internal acts, within the scope of which on-call duty shall be performed, namely by selecting them from the set of positions provided in the collective agreements in force or other acts stipulated in Article 13 of this Act. The proposed act on the designation of positions, within the scope of which on-call duty shall be performed, needs to previously be sent to the representative trade union so that the latter may provide their opinion on it.
Article 20
The provisions of Articles 14 and 15 of this Act start to apply as of 1 November 2010.
A salary calculated in accordance with the amended first paragraph of Article 49 of this Act starts to be paid to officials on the first day of the month following the enactment of this Act.
The Collective agreement for compulsory social security shall be harmonised with this Act within a period of three months of the enactment of this Act. Article 21
The salary scale from Appendix 1 to the Act shall be amended so that the basic salaries of individual salary grades are increased by 0.65% as of 1 July 2010.
The adjusted salary scale stipulated in the previous paragraph shall be published as Appendix 1 to this Act.
Article 22
This Act enters into force on the day following its publication in the Official Gazette of the Republic of Slovenia.
The Act Amending the Public Sector Salary System Act – ZSPJS-O (Official Gazette of the Republic of Slovenia, No. 85/10) contains the following transitional and final provisions: TRANSITIONAL AND FINAL PROVISIONS Article 2
(1) The provisions of this Act shall be used for the conclusion of the Collective agreement for the public sector or its amendments concluded following the enactment of this Act.
(2) The Government of the Republic of Slovenia shall, within three days of the enactment of this Act, again call on the representative public sector trade unions to sign Annex No. 4 to the Collective agreement for the public sector. The provisions of this Act shall be applied in the determination of conditions for its conclusion. Article 3
This Act shall enter into force on the day following its publication in the Official Gazette of the Republic of Slovenia.
Appendix 1:
Salary scale applicable as of 1 January 2011
Salary Salary 1 JANUARY 2011 1 JANUARY 2011 grade grade
1 478.67 34 1,746.39 2 497.83 35 1,816.24 3 517.73 36 1,888.90 4 538.45 37 1,964.45 5 559.98 38 2,043.03 6 582.39 39 2,124.76 7 605.66 40 2,209.76 8 629.90 41 2,298.14 9 65511 42 2,390.04 10 681.31 43 2,485.66 11 708.56 44 2,585.09 12 736.90 45 2,688.49 13 766.37 46 2,796.02 14 797.03 47 2,907.88 15 828.91 48 3,024.18 16 862.07 49 3,145.15 17 896.56 50 3,270.96 18 932.42 51 3,401.80 19 969.71 52 3,537.87 20 1,008.50 53 3,679.38 21 1,048.85 54 3,826.57 22 1,090.80 55 3,979.62 23 1,134.43 56 4,138.79 24 1,179.81 57 4,304.37 25 1,226.99 58 4,476.53 26 1,276.08 59 4,655.59 27 1,327.11 60 4,841.81 28 1,380.20 61 5,035.48 29 1,435.41 62 5,236.91 30 1,492.83 63 5,446.38 31 1,552.54 64 5,664.24 32 1,614.63 65 5,890.80 33 1,679.22 .
APPENDIX 2 (deleted) Appendix 3: Classification of functions into salary grades – with the observation of ZSPJS-L
a) The salary grades of the function of president of the republic and the functions of the executive branch of power – A1
Functions in salary subgroup A1 are classified into salary grades in the band from the 55th to the 65th salary grade:
Function Function Salary grade code A010101 president of the republic 65 A010201 prime minister 65 A010210 minister 62 – 64 A010240 state secretary 59 – 61 A010220 secretary-general of the government 62 A010105 secretary-general of the president of the republic 57 A010110 head of the office of the president of the republic 56 A010115 deputy secretary-general of the president of the republic 56 A010120 adviser to the president of the republic 55
The salary grade of a minister is determined by the prime minister within the scope of the previous paragraph, while that of the state secretary is determined by the government at the proposal of the minister responsible for public administration.
b) Salary grades of functions of the legislative branch of power – A2
Functions in salary subgroup A2 are classified into salary grades in the band from the 54th to the 65th salary grade:
Function Function Salary grade code A020101 president of the national assembly 65 A020105 vice-president of the national assembly 62 A020110 member of the European Parliament 62 A020120 deputy 55 – 62 A020107 secretary general of the national assembly 60 A020201 president of the national council 64 A020205 secretary-general of the national council 54
Salary grades of deputies are determined by the competent working body of the national assembly within the scope of the previous paragraph.
c) Salary grades of functions of the legislative branch of power – A3
Functions in salary subgroup A3 are classified into salary grades in the band from the 47th to the 65th salary grade:
Function code Function Number of employees at the budget user Salary grade A037101 president of the supreme court 65 A037105 vice-president of the supreme court 62 A037301 president of the higher court in tariff group I more than 100 employees 61 A037401 president of the district court in tariff group I more than 300 employees 58 A037302 president of the higher court in tariff group II up to 100 employees 60 A037311 vice-president of the higher court in tariff group I more than 100 employees 60 A037501 president of the local court in tariff group I more than 300 employees 56 A037110 senior supreme court judge 61 A037402 president of the district court in tariff group II from 101 to 300 employees 57 A037411 vice-president of the district court in tariff group I more than 300 employees 57 A037312 vice-president of the higher court in tariff group II up to 100 employees 59 A037403 president of the district court in tariff group III up to 100 employees 56 A037502 president of the local court in tariff group II from 101 to 300 employees 55 A037511 vice-president of the local court in tariff group I more than 300 employees 54 A037111 supreme court judge 60 A037503 president of the local court in tariff group III from 51 to 100 employees 54 A037412 vice-president of the district court in tariff group II from 101 to 300 employees 56 A037107 secretary-general of the supreme court 57 A037330 senior higher court judge 58 A037504 president of the local court in tariff group IV up to 50 employees 53 A037413 vice-president of the district court in tariff group III up to 100 employees 55 A037460 senior district court judge 54 A037550 senior local court judge 52 A037331 higher court judge 55-57 A037461 district court judge 50-53 A037551 local court judge 47-51
d) Salary grades of functions in other state bodies – A4
Functions in salary subgroup A4 are classified into salary grades in the band from the 47th to the 65th salary grade:
Function Function Number of employees at the budget user Salary code grade A047101 president of the constitutional court 65 A047201 president of the court of auditors 64 A047401 state prosecutor general 64 A047301 human rights ombudsman 63 A047110 constitutional court judge 64 A047203 deputy president of the court of 59 auditors A047701 president of the national review 59 commission for reviewing public procurement procedures A047405 deputy state prosecutor general 61 A047901 commissioner for access to public 58 information A047451 head of the district state prosecutor area of the district court in tariff group I 58 office in tariff group I A047501 attorney general 59 A047105 secretary-general of the 60 constitutional court A047452 head of the district state prosecutor’s area of the district court in tariff group II 57 office in tariff group II A047453 head of the district state prosecutor’s area of the district court in tariff group III 56 office in tariff group III A047420 senior supreme state prosecutor 61 A047220 supreme state auditor 56 A047710 member of the national review 56 commission for reviewing public procurement procedures A047425 supreme state prosecutor 60 A047305 deputy human rights ombudsman 55 A047505 deputy attorney general 58 A047456 deputy head of the district state area of the district court in tariff group I 57 prosecutor office in tariff group I A047801 president of the commission for the 54 prevention of corruption A047205 secretary of the court of auditors 54 A047310 secretary-general of the human rights 54 ombudsman A047440 senior higher state prosecutor 58 A047460 senior district state prosecutor 54 A047457 deputy head of the district state area of the district court in tariff group II 56 prosecutor’s office in tariff group II A047805 deputy president of the commission for the prevention of corruption 51 A047810 member of the commission for the 50 prevention of corruption A047458 deputy head of the district state area of the district court in tariff group III 55 prosecutor’s office in tariff group III A047445 higher state prosecutor 55-57 A047520 state attorney 55-57 A047465 district state prosecutor 50-53 A047468 assistant to the district state 47-51 prosecutor A047535 assistant to the state attorney 47-51
d) Salary grades of functions within local authorities – A5
Functions in salary subgroup A5 are classified into salary grades in the band from the 32nd to the 59th salary grade:
Function Function Number of inhabitants of the local community Salary grade code A050101 mayor in tariff group I more than 200,000 inhabitants 59 (Ljubljana) A050201 mayor in tariff group II from 100,001 to 200,000 inhabitants 57 (Maribor) A050301 mayor in tariff group III from 30,001 to 100,000 inhabitants 55 A050401 mayor in tariff group IV from 15,001 to 30,000 inhabitants 53 A050501 mayor in tariff group V from 5001 to 15,000 inhabitants 51 A050601 mayor in tariff group I from 2001 to 5000 inhabitants 49 A050701 mayor in tariff group VII up to 2000 inhabitants 46 A050110 deputy mayor in tariff group I more than 200,000 inhabitants 44 - 51 (Ljubljana) A050210 deputy mayor in tariff group II from 100,001 to 200,000 inhabitants 42 – 49 (Maribor) A050310 deputy mayor in tariff group III from 30,001 to 100,000 inhabitants 40 – 47 A050401 deputy mayor in tariff group IV from 15,001 to 30,000 inhabitants 38 – 45 A050510 deputy mayor in tariff group V from 5001 to 15,000 inhabitants 36 - 43 A050610 deputy mayor in tariff group VI from 2001 to 5000 inhabitants 34 – 41 A050710 deputy mayor in tariff group VII up to 2000 inhabitants 32 – 38
The deputy mayor’s salary grade is determined by the mayor with the observation of the scope of the deputy mayor’s authorisations. In case of early termination of the mayor’s term of office, the deputy mayor’s salary grade may be determined by the municipal council.
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