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Slovenia

Employee Rights and Protections

Explore workers' rights and legal protections in Slovenia

Termination

In Slovenia, the Employment Relationship Act (ERA-1) is the primary law governing employment relationships, including termination protocols.

Grounds for Dismissal

Employers in Slovenia can terminate an employment contract under the following general circumstances:

  • Business Reasons: These include economic, technological, or organizational changes within the company that necessitate a reduction in workforce.
  • Employee's Incompetence/Inability to Perform: This includes the failure of the employee to meet the job's required standards or inability to perform due to health-related reasons.
  • Employee Culpability: This includes the employee's breach of contractual obligations or serious violations of workplace rules.

Notice Requirements

The notice periods in Slovenia depend on the grounds for termination and the employee's length of service:

  • Termination Due to Business Reasons or Incompetence:
    • Less than 1 year of service: 15 days
    • 1-2 years of service: 30 days
    • 2+ years of service: 30 days base + 2 additional days for each year of service (up to a maximum of 60 days)
    • 25+ years of service: 80 days (unless a collective bargaining agreement states otherwise)
  • Termination Due to Employee Culpability: 15 days
  • Extraordinary Termination (Without Notice): This is permitted in severe cases of employee misconduct or if the company ceases operations for reasons like bankruptcy.

Severance Pay

Severance pay in Slovenia is typically required in cases of termination due to business reasons or the employee's incompetence. The amount is determined by the employee's length of service and salary, and is calculated according to the Employment Relationship Act (ERA-1).

Important Considerations

  • Employers must provide a written notice of termination, stating the reasons for dismissal.
  • Employees have the right to challenge a dismissal they consider unlawful in the Labor Court.
  • Special protections may apply to certain categories of workers, such as pregnant women, employees on parental leave, and workers' representatives.

Discrimination

Slovenia is known for its robust legal protections against discrimination, primarily enshrined in the country's Protection Against Discrimination Act (ZVarD) and the Employment Relationships Act (ZDR-1).

Protected Characteristics

Discrimination on the basis of the following characteristics is explicitly prohibited by Slovenian law:

  • Gender
  • Nationality
  • Race or ethnic origin
  • Language
  • Religion or belief
  • Disability
  • Age
  • Sexual orientation
  • Gender identity and gender expression
  • Social status
  • Property status
  • Education
  • Any other personal circumstance

Redress Mechanisms

For individuals who have experienced discrimination, Slovenia provides several avenues to seek redress:

  • The Advocate of the Principle of Equality: This independent state authority investigates discrimination complaints and provides support to victims. They can issue non-binding recommendations, initiate legal proceedings, and provide legal representation in discrimination cases.
  • Labor Inspectorate: Employees facing discrimination in the workplace can file complaints with the Labor Inspectorate. The Inspectorate can conduct investigations and impose fines on employers found in violation of the law.
  • Civil Courts: Individuals subjected to discrimination can also pursue legal action in civil courts. Courts can order remedies such as cessation of the discriminatory act, removal of the consequences of the discriminatory act, and compensation for damages.

Employer Responsibilities

Employers in Slovenia have a legal obligation to prevent and address discrimination in the workplace. This includes:

  • Creating a non-discriminatory work environment: Employers must foster a workplace free from harassment, bullying, and any other forms of discriminatory behavior.
  • Implementing equal opportunities policies: Employers should have clear policies and codes of conduct outlining their commitment to non-discrimination and equal treatment.
  • Providing training: Employers should offer training to managers and employees on anti-discrimination laws and how to create a respectful and inclusive workplace.
  • Taking complaints seriously: Employers should establish grievance mechanisms where employees can safely report instances of discrimination. They must thoroughly investigate complaints and take appropriate action to address any confirmed cases of discrimination.

Working conditions

In Slovenia, the European standard for work hours is followed, with regulations outlined in the Employment Acts and Labor Laws. The official workweek in Slovenia is 40 hours, with most employees working 8 hours per day. While working overtime is permitted, Slovenian law emphasizes a healthy work-life balance. There are limitations on overtime hours to prevent employee burnout.

Rest Periods

Employees are entitled to a minimum rest break of 30 minutes after six hours of consecutive work. All employees must receive at least one uninterrupted rest period of 24 hours per week, typically on Sundays.

Ergonomic Requirements

Slovenian legislation requires employers to provide a safe and healthy work environment that adheres to ergonomic principles. This includes workstation design and equipment provision. Employers must ensure workstations are designed to minimize physical strain and promote good posture. They are also obligated to furnish equipment that is suitable for the task and minimizes health risks associated with prolonged use.

Health and safety

Slovenia places a high emphasis on the health and safety of workers through a comprehensive framework. The Health and Safety at Work Act (ZVZD-1) is the foundation of this system, detailing the duties of employers, the rights of employees, and the mechanisms for enforcement.

Employer Obligations

Under the ZVZD-1, employers bear a significant responsibility to maintain a safe and healthy work environment. Key obligations include:

  • Risk Prevention and Management: Employers are required to actively identify and mitigate workplace hazards. This involves implementing preventative measures, eliminating risks where possible, and managing unavoidable risks.
  • Information and Training: Employers must provide employees with sufficient information and training on health and safety procedures relevant to their roles. This enables employees to work safely and recognize potential hazards.
  • Work Process Organization: The organization of work processes should prioritize safety. This includes aspects such as workload, scheduling, and breaks to reduce fatigue and stress-related risks.
  • Resource Provision: Employers are obligated to provide necessary resources to ensure worker safety. This includes supplying personal protective equipment (PPE) and ensuring the proper maintenance of machinery and equipment.

Employee Rights

Under the ZVZD-1, Slovenian employees have well-defined rights:

  • Safe Work Environment: Employees have the right to a safe and healthy work environment free from unnecessary risks.
  • Information and Training: Employees have the right to receive detailed and comprehensive information and training on health and safety protocols.
  • Refusal of Unsafe Work: Employees have the right to refuse work they believe poses a serious threat to their health or safety.
  • Reporting Hazards: Employees are encouraged to report any identified workplace hazards to their employer.

Enforcement Agencies

The Slovenian health and safety system is supervised by two main ministries:

  • Ministry of Labour, Family, Social Affairs and Equal Opportunities: This ministry plays a crucial role in formulating and enforcing health and safety regulations.
  • Ministry of Health: The Ministry of Health collaborates to ensure health and safety standards protect worker well-being.

These ministries work in conjunction with the Inspectorate of Labour, which is responsible for conducting workplace inspections and enforcing health and safety regulations.

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