EY Law News, November 2024

In the November Law News, we inform you about the adoption of the Act on the Implementation of Regulation (EU) on Markets in Crypto-Assets (MiCA) and the revised version of the Standard Classification of Activities SKD 2025, which will apply from 1 January 2025. We also inform you about the implementation of the right to disconnect in accordance with the amendment to the Employment Relationships Act (ZDR-1D).

THE NATIONAL ASSEMBLY ADOPTS THE ACT ON THE IMPLEMENTATION OF REGULATION (EU) ON MARKETS IN CRYPTO-ASSETS (MiCAR)

On 23 October 2024, the National Assembly adopted the Act on the Implementation of Regulation (EU) on Markets in Crypto-Assets (hereinafter: "the Act"), which regulates the practical aspects of implementing the European MiCA regulation. The Act will enter into force on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia.

For more information on the provisions of the Act itself, please refer to the September issue of the EY Law News.

NEW VERSION OF THE STANDARD CLASSIFICATION OF ACTIVITIES, SKD 2025, STARTING FROM 1 JANUARY 2025

We would like to remind you that, according to a new government regulation, the revised version of the Standard Classification of Activities SKD 2025 will apply from 1 January 2025.

For more details on these changes, please refer to the April issue of our EY Tax News.

IMPLEMENTATION OF THE RIGHT TO DISCONNECT

In accordance with the Amendment to the Employment Relationships Act (amendment ZDR-1D), adopted on November 16, 2023, and the introduction of the new Article 142.a of the ZDR-1, employers are obligated to ensure the right to disconnect for their employees. This right allows workers not to be available for work-related matters during periods of daily or weekly rest, use of annual leave, or other justified absences from work.

What does this mean for employers?

Employers must adopt appropriate measures that will enable workers to exercise the right to disconnect. These measures are primarily regulated by collective agreements at the industry level or, in the absence of the latter, by collective agreement at a narrower level or by an employer's general act. Employers must adopt appropriate measures by November 16, 2024, at the latest.

Content of the provision and guidelines for employers

On October 16, 2024, the Ministry of Labour, Family, Social Affairs and Equal Opportunities issued a document intended to assist employers in defining the legal framework for adopting measures and offer guidance on the possible ways to shape these measures. Measures that an employer can implement may include, for example:

• Raising awareness and educating workers about the importance of the right to disconnect.
• Training for the correct use of digital tools.
• Training for managers and those giving instructions.
• Technical measures, such as turning off email servers or automatically deleting emails outside of working hours.
• An explicit prohibition against working during rest periods, except in exceptional circumstances.