Phase
Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act (ZFPPIPP); Public Scholarship, Development, Disability and Maintenance Fund of the Republic of Slovenia Act (ZJSRS)
Native name
Zakon o finančnem poslovanju, postopkih zaradi insolventnosti in prisilnem prenehanju (ZFPPIPP); Zakon o javnem štipendijskem, razvojnem, invalidskem in preživninskem skladu Republike Slovenije (ZJSRS)
Type
Wage guarantee in case of insolvency
Added to database
08 May 2015

Article

Article 21 of the Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act (ZFPPIPP); Articles 13, 14, 16, 16a, 17, 18, 19, 24 and 28 of the Public Scholarship, Development, Disability and Maintenance Fund of the Republic of Slovenia Act (ZJSRS)


Description

The Public Scholarship, Development, Disability and Maintenance Fund of the Republic of Slovenia (hereafter the Guarantee Fund) protects claims of the employees whose employment has been terminated due to bankruptcy proceedings, a valid decision on compulsory composition, an insolvency procedure in one of the other EU Member States or European Economic Area (the job was being carried out or generally being carried out in the Republic of Slovenia), or the company being deleted from the court register without liquidation under the provisions of the Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act (ZFPPIPP). All employees are eligible, irrespective of the type of their employment contract. In case of insolvency, unpaid wages, severance pay, and social contributions for the last six months are priority claims in the insolvency procedure.

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

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

The Guarantee Fund is financed (with regard to covering payments to the employees) by the state budget, by employers (0.06% of the payroll costs) and by the Guarantee Fund through means of transfer and enforcement of claims from the insolvent employer.

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


Commentary

In the period 1997–2021, the Guarantee Fund paid out wage guarantees to 91,712 individuals in the amount of €138 million. The largest share of this sum was spent in the first two years as the law on the Guarantee Fund had retroactive force. The most recent economic crisis brought about a progressive increase in the number of workers’ claims, reaching the peak in 2011 when €20,617,799 was disbursed to 7,205 individuals, a record in the history of the Guarantee Fund. In the last years, the bankruptcies of small businesses (in which administrators find it difficult to establish all claims of employees) prevail. In 2020, the trend of bankruptcies of mainly micro and small enterprises continued, and the Fund disbursed funds worth €1,8 million to 582 beneficiaries. Thus, despite the COVID-19 pandemic, there were not many enterprises as well as large enterprises going bankrupt in 2020 and 2021.

The Guarantee Fund disbursed €1,7 million to 505 individual employees in 2021, while it rejected 29 claims of workers (Annual Report for the year 2021, p. 56). In 2018, the average net payment amounted to €1,970 per beneficiary. The Guarantee Fund received most income protection requests from former ECC Escada Competens Centrum and Inkos employees.


Additional metadata

Cost covered by
Companies National government
Involved actors other than national government
Other
Involvement (others)
Public Scholarship, Development, Disability and Maintenance Fund of the Republic of Slovenia
Thresholds
Affected employees: No, applicable in all circumstances
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Sources

Citation

Eurofound (2015), Slovenia: Wage guarantee in case of insolvency, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/wage-guarantee-in-case-of-insolvency/slovenia

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