Transportation of passengers temporary ban
Beginning on 16th of November, a new Act of temporary ban, limitation and change in carrying out transportation of passengers inside the Republic of Slovenia was passed.
To contain and further control the spread of COVID-19, this act temporarily bans public city bus transportation of passengers, permanent outside-of-city bus transportation of passengers, occasional bus transportation of passengers and public train transportation of passengers in internal traffic areas, except for particular bus transportation of passengers and automobile taxi transportation. The expert basis for the actions within this act will be reviewed every 14 days by the Government of the Republic of Slovenia.
With the abolition of public transport, a part of the workforce is unable to show up for work, which can be categorized as inability to show up to work due to a higher power (if all criteria for higher power is fulfilled). In relation to the presence of a higher power preventing a part of the workforce to show up to work, the current Act does not define the particular legal basis for legitimate or justifiable absence from work and consequently for compensation of pay in this instance, so the common labour law framework of ZDR-1 must be considered.
According to current legislation (ZDR-1), a worker, who is absent from work due to a higher power due to abolition of public transport, is within his/her rights to receive compensation pay in the amount of 50 percent of his/her salary or 70 percent of the minimum salary. This compensation will not be refunded to the employer by the Republic of Slovenia’s budget.