Addenda are not above the law, but the ministry insists on them

Employees at Slovenia's Ministry of Education, Science, and Youth (MIZM), led by Minister Borut Rončević, are reportedly receiving contract addenda that transfer responsibility for content errors in official documents to their subordinates. This practice has raised concerns, and the ministry is facing questions about its rationale. The addenda stipulate that signing an official document does not entail responsibility for substantive, professional, legal, or accounting mistakes stemming from its preparation.

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The problematic part is the one that tries to stipulate that the signatory, with their signature, confirms only the formal correctness of the procedure and does not assume responsibility for substantive, professional, or legal errors.

Instead, the addenda indicate that responsibility for such errors lies with the public servant or unit head who approved the document. Andrej Zorko, president of the Federation of Free Trade Unions of Slovenia (ZSSS), told Delo that such clauses cannot unilaterally alter legally defined responsibilities. "The contractual provision cannot change the legally defined distribution of competencies and responsibilities and does not change it," Zorko stated. Lawyer Miha Kunič reportedly offered a similar legal interpretation, asserting that an addendum cannot circumvent legally established accountability.

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Such a provision, in our opinion, cannot change responsibility by itself.

The ministry, however, has defended the addenda, stating they were "legally necessary for all public servants due to the continuity of employment relationships" when employees were transferred from three different institutions to form the new ministry. They claim the addendum formalizes the continuity of employment. Regarding the controversial clause on document preparation, the ministry stated that "a contractual provision cannot change the legally defined distribution of competencies and responsibilities and does not change it." They maintain that the addendum does not exempt anyone from responsibilities defined by applicable regulations, a point echoed by the article's assertion that the addendum cannot override legally defined responsibilities.

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The contractual provision cannot change the legally defined distribution of competencies and responsibilities and does not change it.

The ministry's explanation suggests the addenda are primarily administrative measures to ensure smooth transitions during the restructuring. However, the specific wording regarding the transfer of substantive responsibility has drawn criticism from labor unions and legal experts who emphasize that legal accountability cannot be waived through internal contract amendments. The ministry's response, while affirming that legal responsibilities remain intact, has not fully clarified the intent behind the specific phrasing that caused concern among employees and external observers.

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Therefore, it does not exempt anyone, not even the signatories of the documents, from the responsibility defined by the applicable regulations.