Changes To The Contract
Change of the employment contract is permissible upon proposal by each of the parties to the contract and upon mutual agreement.
Change of the employment contract is not permissible in case of the changes of the following elements of the employment contract: (i) the title of the job or type of work, (ii) the location of the work, (iii) the duration of the employment contract, (iv) a provision on part-time or full-time employment relationship. In case of above changes, the parties must conclude a new employment contract, save for changes resulting from the exercise of the right to part-time work in accordance with the regulations governing health insurance or parental protection.
Change In Ownership Of The Business
The change of ownership shall not in any way automatically affect the terms and conditions of the employment contract. If due to any legal transaction, final court decision or any legal transfer of (part of) an undertaking the employer is changed, the contractual and other rights and obligations of employees arising from the employment relationship with the previous employer (i.e. the transferor) shall transfer to the new employer (i.e. the transferee). If the transferor was bound by any of the rights and obligations under the collective agreement, these rights and obligations must be guaranteed to the employees by the transferee for at least one year after the transfer took place, unless the validity of the collective agreement expires prior to the expiration of one year or a new collective agreement is concluded within this time period.
If the rights under the employment contract with the transferee deteriorate for objective reasons within a period of two years from the date of transfer or the employee’s conditions of employment relationship with the transferee significantly change and the employee thus terminates the employment contract, the employee shall have the same rights as if the employment contract was terminated by the employer due to business reasons. In determining the notice period, the right to severance payment and all other rights relating to the years of service, the employee’s period of service with both employers (i.e. transferor and transferee) shall be taken into account.
If an employee refuses the transfer and carrying out of work at the transferee, the transferor can extraordinarily terminate the employment contract.
Social Security Contributions
The employer shall calculate, deduct and pay the obligatory social security contributions for employees (i.e. contributions for compulsory pension and disability insurance, compulsory health insurance, unemployment insurance and parental protection insurance). The monthly salary the employee receives thus represents a net income, deducted for the amount of applicable tax and contributions.
Accidents At Work
Employers are obliged to ensure safe and healthy work conditions, whereas the employees are obliged to respect and implement the measures on safety and health at work and perform their work with due care in order to protect their own life and health and the health and lives of others.
Employers are obliged to pay salary compensation in cases of employees’ inability to work due to illness or injury not related to work for a period of up to 30 working days for each such absence but limited to 120 working days in a calendar year. In cases of a worker’s inability to work due to an illness related to work or injury at work, the employer is obliged to pay the employee a salary compensation for a period of up to 30 working days for each absence from work. Salary compensation for longer absence is covered by health insurance.
In case of employee’s absence from work due to illness or injury which is not related to work, the salary compensation covered by the employer amounts to 80 % of the employee’s salary in the preceding month for full-time work. Salary compensation for work related illness or injury amounts to 100 % of the employee’s average salary of the last three months.
Discipline And Grievance
If an employee suffers damages at work or in relation to work, the employer shall compensate the employee for such damages in line with the general rules of civil law.
If employees breach obligations arising from their employment relationship, the employer may impose on them disciplinary sanctions, all under the condition that the employer previously informed the employees on the alleged violations in a written form and gave the employees the opportunity to reply within a reasonable time period. Upon authorization of the employee, a trade union or works council and/or the workers’ representative may participate in disciplinary proceedings. A disciplinary sanction should not not permanently change the legal status of the employee.
Direct or indirect discrimination of the job seeker or employee on the basis of any personal circumstance (including but not limited to nationality, race or ethnic origin, national or social background, gender, skin colour, health status, disability, faith or beliefs, age, sexual orientation, family status, trade union membership, financial status) is prohibited. Equal treatment in respect of the personal circumstances must be granted before the employment relationship is concluded (i.e. during the job-seeking process), within the course of the employment relationship and at termination of the employment relationship, especially with regard to the job-seeking process, promotion, training, education, re-qualification, salary and other remunerations connected to the employment relationship, absence from work, working conditions, working hours and the termination of employment contracts. Equal pay for women and men must be guaranteed, any prohibition contrary to this rule shall be deemed void and null.
Unequal treatment is not considered as discrimination if, considering the nature or circumstances of the work, a certain personal circumstance represents a significant and decisive condition in respect of the work and is proportional to and justified by a legitimate objective.
Sexual and other forms of verbal, non-verbal or physical harassment and workplace bullying are prohibited. Victims of the harassment or bullying should not be exposed to any kind of unfavourable consequences and/or rejection of any action or behaviour considered as any type of harassment should not serve as a ground for discrimination.
Compulsory Training Obligations
In general, employees are entitled and obliged to continuous education and training in accordance with the requirements of the working process, with the purpose of maintaining and/or improving their work skills, to retain employment relationship and increase employability. Employers are obliged to provide education and/or training of workers if the working process so requires or if education or training can prevent termination of an employment contract due to incompetence or business reasons.
If an employer refers an employee for above education or training, the costs of such education or training shall be borne by the employer and the employee is entitled to paid absence from work during the attendance of such education or training.
When concluding an employment contract, before the employee is being assigned to another job, before introducing new technology or other means of work, and when there is a change in the work process that may cause affect safety at work, the employer is obliged to train employees to ensure safe performance of their work. The training must be adapted to the specifics of the workplace.
An employer shall not offset any of its claims against an employee without the worker’s previous written consent. Such consent can only be validly given after the occurrence of the employer’s claim.
Payments For Maternity And Disability Leave
Employees are entitled to salary compensations in case of maternity, parental and/or paternity leave. In each above cases the salary compensation for full absence of work amounts to 100 % of the average basis on which the parental care contributions were calculated considering the last 12 continuous months.
The amount of salary compensation for maternity leave is unlimited, whereas salary compensation for paternity and parental leave is limited to two and a half of the amount of the average salary in Slovenia. The salary compensation during maternity, paternal and paternity leave is covered by the state.
Slovenian law does not recognize the term disability leave, but it does, however, recognize the absence due to health reasons. In case of the absence from work due to illness or injury which is not related to work, the salary compensation amounts to 80 % of the employee’s salary in the preceding month for full-time work. The salary compensation for the first 30 days of absence is paid by the employer (except in certain cases), and from the 30th day onwards by the Health Insurance Institute of Slovenia.
The employer is obliged to register the worker for compulsory pension, disability and health insurance, unemployment insurance and parental protection insurance and provide employee with a photocopy of such registration within 15 days following the day of commencement of work.
Absence For Military Or Public Service Duties
Employees are entitled to absence from work (among others) in case of:
- performance of a non-professional function to which the employee has been elected within the direct national or local elections,
- elections to the National Council of the Republic of Slovenia,
- a function or duty to which the employee has been appointed by a court;
- participating in the Economic and Social Council or in bodies which consist of representatives of social partners;
- employees are called upon to perform defence duties, military duties, including training in the contract reserve formation of the Slovenian Armed Forces, and duties of protection, rescue and relief.
The employee is not entitled to absence from work (among others) in case of:
- recruitment to mandatory or voluntary military service,
- the performance of tasks in the reserve police forces,
- the recruitment of a contractual member of the reserve formation of the Slovenian Armed Forces to perform peace-time military service and tasks of protection, rescue and relief of a contractual member of the Civil Protection Service.
- In above listed three cases the employment contract shall not be terminated but automatically suspended. The employer shall have the right and obligation to return to work within five days after the grounds for suspension of the employment contract have ceased to exist.
Works Councils or Trade Unions
If the total amount of the employees with an active voting right exceeds 20, an establishment of a works council is mandatory. If less than 20 employees are employed with the employer, the company may elect a workers’ representative. The number of members in a works council depends on the number of employees.
The main functions of a works council are (i) representing employees’ interests against employers’ interests, (ii) ensuring compliance with labor law regulations, (iii) receiving information on all important decisions of the employer which may relate to employees interests and (iv) consultation with employers on several issues, especially regarding the status, human resources and safety at works. Certain decisions of the employer require the consent of the works council.
Members of a works council, workers’ representatives, members of a supervisory board representing workers, workers’ delegates and appointed or elected trade union representative enjoy special protection against the termination of the employment contract.
Employees’ Right To Strike
Organizing strikes or participating in strikes under the statutory determined conditions shall not constitute a breach of work obligations, shall not be the basis for initiating proceedings to establish any disciplinary and material liability of employees and shall not result in termination of employment.
Employees On Strike
The worker participating in the strike exercises the rights arising from the employment relationship, save for the right to salary compensation, unless such salary compensation is specifically determined under the collective agreement or general acts by the employer.
Employers’ Responsibility For Actions Of Their Employees
Employers are responsible for damages caused by employees at work or in connection with work to a third party, unless the employer proves that the employee acted appropriately given the circumstances. If the employee caused damages intentionally or due to grossly negligent behaviour, the employer is entitled to demand a compensation of paid damages from the employee. Such employer’s right is subject to limitation period of 6 months following the payment of damages.