Conditions for Concluding the Employment Contract

The conditions for Concluding the Employment Contract, which are regulated in Article 20 of the Slovenian Employment relationships act, are as follows:

A worker who concludes an employment contract must meet the prescribed conditions for carrying out work laid down in the collective agreement or employer’s general actor required by the employer, which are published in accordance with Article 23 (1). The employer must lay down the conditions for carrying out job in the general act. Smaller employers shall not be subject to the obligation referred to in the previous sentence. A disabled person trained to carry out certain work shall be regarded as a person who has the health capacity to conclude an employment contract for such work.

Termination of the employment contract

Contractual parties may also terminate the employment contract with a period of Notice. This is an ordinary termination which is regulated in Article 80. In the cases stipulated by law, the contractual parties may terminate the employment without a period of notice. This is an extraordinary termination. Every party may also only terminate the employment contract in its entirety.

The reasons for an ordinary termination of the employment contract to the worker by the employer, which are regulated in Article 88 of the Slovenian Employment relationships act, are as follows:

- business reason

- the reason of incapacity

- the fault reason.

The reasons for an extraordinary termination of the employment contract to the worker by the employer are regulated in Article 111 of the Slovenian Employment relationships act. The employer may extraordinarily terminate the worker’s employment contract, if the worker breaches any of the conditions specified in this article.

Extraordinary Termination by the Worker is regulated in Article 112 of the Slovenian Employment relationships act:

Reasons on the Employer’s Side are exactly specified in Employment relationships act. They must represent a serious threat on the Employers side.

In the case of termination due to the actions referred to in the previous paragraph, the worker shall be entitled to the severance pay, stipulated for the case of ordinary termination of the employment contract for business reasons, and to the compensation amounting to no less than the level of the lost remuneration during the notice period .

Termination to a Larger Number of Workers

Due to Business Reasons

Termination to a Larger Number of Workers Due to Business Reasons is regulated in Articles 96-102 of the Slovenian Employment relationships act. These articles specify three different situations of Termination to a Larger Number of Workers Due to Business Reasons.

If the employer employs over 300 and is dismissing at least 30 workers, than he is obliged to elaborate the dismissal program for redundant workers. The program under the previous paragraph shall also be elaborated by the employer who establishes that due to business reasons, within the period of three months, the work of 20 or more workers will become redundant.

Other obligations of the employer are:

- Obligation of Trade Union Information and Consultation

- Obligation of Informing the Employment Service

The employer who terminates the employment contract due to business reasons or due to the reason of incapacity shall be obliged to pay the worker the severance pay. As the basis for the calculation of the severance pay, the average monthly wage which was received by the worker, or which would have been received by the worker if working, in the last three months before the termination shall be taken. These obligations are regulated in article 109.

Consequences of extraordinary termination of the employment contract

In most cases workers are entitled to severance pay or to redundancy payment in cases of redundant labour.