U-I-82/91

Reference no.:
U-I-82/91
Objavljeno:
OdlUS I, 17 | 19.03.1992
ECLI:
ECLI:SI:USRS:1992:U.I.82.91
Act:
Resolution by the Pension and Disability Insurance Agency of Slovenia regarding the determination of jobs in forestry and transportation (drivers) with acknowledged enhanced period of service and the enhancement rate thereof (Official Gazette of SRS, No. 19/75 and 43/82)
Operative provisions:
The initiative for evaluation of the constitutionality and legality of the impugned provision of the Resolution has not been accepted.
Abstract:
Limiting the jobs of heavy truck drivers to those in organizations of public transportation does not mean the determination of a new condition in addition to hose set forth in Art. 71 of the Law on the Basic Rights Deriving from the Pension and Disability Insurance; it rather means a more detailed definition of the conditions, considering the Agency's ascertainment, supported by relevant documentation, that the jobs of heavy truck drivers in organizations of public road transport are those which are incessantly exposed to harmful influences.
Password:
Acknowledged enhanced period of service for truck drivers in public transportation companies.

Dissenting opinion.
Legal basis:
Člen . Ustava [URS] Člen . Zakon o Ustavnem sodišču [ZUstS]
Note:
The case being dealt with is, in its substance, connected with case No. U-I-64/82 (Resolution of Feb. 17, 1983).
Document in PDF:
The full text:
U-I-82/91
19. 03. 1992
 
 
R E S O L U T I O N
 
 
At the meeting on March 19, 1992, the Constitutional Court discussed the initiative of Tovarna olja Oljarica, Kranj, d.d.o. and
 
p a s s e d t h e f o l l o w i n g r e s o l u t i o n :
 
The Constitutional Court refuses to accept the initiative and will not institute the proceeding of evaluation of the constitutionality and legality of the provision of the second paragraph of Section I/2 of the Resolution by the Pension and Disability Insurance Agency of Slovenia regarding the determination of jobs in forestry and transportation (drivers) with acknowledged enhanced period of service and the enhancement rate thereof (Official Gazette of SRS, No. 19/75 and 43/82).
 
R e a s o n s
 
According to the provision of the Resolution set forth in the foregoing disposition, on jobs of drivers of trucks with load capacity of 5 or more tons, which are considered jobs on which work is particularly difficult and harmful to health, an enhanced period of service shall be acknowledged to drivers in organizations licensed for public road transport.
 
Tovarna Oljarica Kranj filed an initiative for evaluation of the constitutionality and legality of this provision claiming that by this provision jobs of heavy truck drivers in organizations which are not license for public road transport are inadmissibly excluded from the benefit of enhanced period of service, although they are exposed to equal harmful influences. The initiator's opinion is that the impugned provision of the Resolution is not in conformity with Articles 70 and 71 of the Law on Basic Rights Deriving from the Pension and Disability Insurance and constitutes a violation of the constitutional provision of equality before the law.
 
The initiative is unfounded.
 
The Constitutional Court discussed the constitutionality and legality of the impugned provision of the Resolution of the Pension and Disability Insurance Agency (hereinafter: Agency) in the case No. U-I-64/82. Then, by the Resolution dated Feb. 17, 1983, it refused to accept the initiative and did not institute the proceeding of evaluation of constitutionality and legality. It found that, by the impugned Resolution, the Agency determined the jobs of truck drivers with acknowledged enhanced period of service on the basis of a request and relevant documentation which both related exclusively to jobs in companies licensed for public road transport. Further, the Court ascertained that this request and documentation were not a basis that would have allowed the Agency to determine as jobs with acknowledged enhanced period of service also the jobs of truck drivers in organizations performing transport for their own needs only, because no appropriate request has been filed for these jobs. Without a documented request, the Agency was unable to ascertain whether the conditions specified by Art. 57 of the then current Law on Basic Rights Deriving from the Pension and Disability Insurance (Official Gazette of SFRY, No. 35/72) were fulfilled also on these jobs. The Constitutional Court was of the opinion that there is no foundation for the allegation that the Agency, by its impugned Resolution, has brought the truck drivers in organizations performing transport for their own needs only into unequal position compared to drivers in organizations licensed for public road transport. Organizations performing transport for their own needs only may at any time, by themselves or through their professional associations or trade unions, request the Agency to determine also the truck drivers' jobs in these organizations as jobs in these organizations as jobs with acknowledged enhanced period of service, provided that they prove with relevant documentation that the conditions determined by the Act are fulfilled also on these jobs.
 
Pursuant to Art. 72, Para 3 of the Law on Basic Rights Deriving from the Pension and Disability Insurance (Official Gazette of SFRY, No. 23/82, 77/82, 75/85, 8/87, 65/87, 87/87 and 44/90), jobs with acknowledged enhanced period of service are subject to review. By the Declaratory Resolution regarding the review of the enhanced period of service on jobs in public road transport (Official Gazette of SRS, No. 36/89) the Agency kept in force its Resolution of 1975 which is the subject of the above-mentioned initiative.
 
According to Art. 71 of the above-mentioned Act, jobs with acknowledged enhanced period of service because they are extremely difficult and harmful to health may not be determined unless the conditions set forth in this Article are fulfilled. Fulfilled must, among other conditions, the condition that workers work in difficult and health affecting conditions during the whole, uninterrupted working process and that the same worker performs such a job full time. The above-mentioned statutory regulation shows that the lawmaker ascribed special importance to the element of temporal exposure to harmful influences. According to the findings of the Agency, such an exposure exists in jobs of heavy truck drivers in organizations licensed for public road transport. Therefore, the limitation of jobs of heavy truck drivers to organizations licensed for public road transport as provided by the impugned Resolution, does, in the Constitutional Court's opinion, not constitute the determination of a condition additional to those specified in Art. 71 of the Act (as alleged by the initiator); it rather means a more detailed definition of these conditions, considering the Agency's ascertainment, supported by relevant documentation, that the jobs of heavy truck drivers in organizations of public road transport are those which are incessantly exposed to harmful influences.
 
Jobs with acknowledged enhanced period of service are determined on request by companies and other self-managing organizations and agencies and on the basis of prior opinion of specialized professional and scientific organizations (Art. 72, Para 2 of the Law on Basic Rights Deriving from the Pension and Disability Insurance; attached to the request must be relevant documentation, prepared according to a uniform methodology, and evidence as specified in details by Art. 15 of the Social Compact on the Measures and Activities in the Enforcement and Implementation of the Acknowledged Enhanced Period of Service (Official Gazette of SRS, No. 13/85 - Art. 15). But no formal request for granting an enhanced period of service in jobs of drivers of trucks with load capacity of 5 tons or more in organizations performing transport for their own needs only has been filed so far. Therefore, the Constitutional Court, in its decision not to accept the initiative and not to institute the proceedings, refers, mutatis mutandis, also to the reasons as set forth above and summarized from its Resolution No. U-I-64/82 of Feb. 17, 1993.
 
This Resolution as set forth in the disposition is based on Art. 15 of the Law on the Procedure in the Constitutional Court of SR Slovenia (Official Gazette of SRS, No. 39/74 and 28/76).
 
 
P r e s i d e n t
Peter Jambrek, PhD.
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
act of the Pension and Disability Insurance Institute
Applicant:
Tovarna olja Oljarica Kranj (Oljarica Oil Factory Kranj)
Date of application:
13.09.1991
Date of decision:
19.03.1992
Type of decision adopted:
ruling
Outcome of proceedings:
non-acceptance of petition
Document:
AN00109