Labour and Employment Comparative Guide

• Published date: 16 July 2021
• Subject Matter: Employment and HR, Contract of Employment, Discrimination, Disability & Sexual Harassment, Retirement, Superannuation & Pensions, Unfair/ Wrongful Dismissal, Health & Safety, Employee Benefits & Compensation, Redundancy/Layoff, Employment Litigation/ Tribunals, Employee Rights/ Labour Relations, Outsourcing, Whistleblowing
• Law Firm: Safarin Partnerji
• Author: Mr Martin 'afar and Polona Colari&#269

1 Legal framework

1.1 Are there statutory sources of labour and employment law?

The main source of employment law in Slovenia is the Employment Relationships Act, which regulates employment relationships concluded on the basis of an employment contract. Since Slovenia is a member of the European Union, the Employment Relationships Act is in line with European legislation and incorporates all applicable and binding international conventions, EU directives and regulations.

Trade union activity, collective agreements and many other aspects of employment law, as well as special categories of workers, are governed by special regulations. In addition to the Employment Relationships Act, the employment relationships of public employees are regulated in the Public Employees Act. Certain aspects of employment relationships of mobile workers (working time and compulsory rest periods) are regulated by special legislation.

In collective agreements, the rights and obligations of employees and employers can be regulated differently or more favourably than those provided in the Employment Relationships Act.

1.2 Is there a contractual system that operates in parallel, or in addition to, the statutory sources?

Collective agreements are a very important autonomous source of law. While the Employment Relationships Act defines the rights and obligations of the contracting parties, collective agreements define their scope. Collective agreements are regulated in the Collective Agreements Act and are usually concluded for a specific sector or occupation, but may also be concluded by individual employers and employees. In accordance with the Employment Relationships Act, the contracting parties are limited when regulating the employment relationship, as they must follow the provisions of Employment Relationships Act and other acts, ratified and published international treaties, and other regulations. An employment contract or a collective agreement may only define rights that are more favourable to the employees than those in the Employment Relationships Act; however, certain rights can be also regulated differently (including less favourably).

1.3 Are employment contracts commonly used at all levels? If so, what types of contracts are used and how are they created? Must they be in writing must they include specific information? Are implied clauses allowed?

If all elements of an employment relationship exist, the contracting parties are obliged to conclude an employment contract. The employment contract must be concluded in writing. The employment contract is generally concluded for an indefinite duration. A fixed-term employment contract can be concluded only if one of the reasons stipulated in the Employment Relationships Act exist - for example:

• if this is necessary to replace a temporary absent employee;
• if the scope of work is temporary increased;
• for the performance of seasonal work; or
• for the performance of project-organised work.

The employment contract can be concluded on a full-time or part-time basis.

The Employment Relationships Act stipulates the obligatory elements of the employment contract, as follows:

• information on the contracting parties;
• the date of commencement of work;
• the job title, including a brief description of the work;
• the location of the work;
• the duration of the employment contract and, if a fixed-term employment contract is concluded, the reason for the conclusion of the contract and a provision on annual leave;
• a provision stating whether a part-time or full-time employment contract has been concluded;
• a provision on daily or weekly working time and the allocation of working time;
• a provision on the amount of the basic salary and other possible remuneration;
• a provision on other components of the employee's salary, the payment interval, the payment day and the manner of payment of the salary;
• a provision on annual leave and/or the manner of determining annual leave;
• the length of notice periods;
• a reference to collective agreements which bind the employer and/or the employer's general acts laying down the conditions of work; and
• other rights and obligations in cases laid down in Employment Relationships Act.

If the contracting parties do not specifically stipulate in the contract matters concerning the following, the law will automatically imply its own statutory provisions to the employment relationship:

• the length and distribution of daily or weekly working hours;
• provisions on other payments or salary components, the payment period, and the date and method of salary payment;
• provisions on annual leave or the method of determining annual leave; and
• the length of any notice periods.

2 Employment...