FTC regulated: Yes

Valid reasons for FTC use: objective and material reasons

Remarks

Art. 54 (1) ERA contains an exhaustive list of situations when resorting to fixed-term contract is authorized:
- work which, by its nature takes a certain period of time,
- replacement of a temporarily absent worker,
- temporarily increased workload,
- employment of an alien or a stateless person who has a single license as provided by law, which regulates the entry and residence of foreigners and permission to seasonal work as laid down by the law governing employment, self-employment and work of foreigners, except when a single permit issued on the basis of consent for employment, self-employment or work,
- management person or procurator,
- manager of the first paragraph of Article 74 of this Law,
- seasonal work,
- a worker who concluded an employment contract for a limited time to prepare for work, training or training for work or education,
- fixed-term employment for work during the adjustment period on the basis of a final decision and confirmed by the competent authority, issued in process of recognition under a special act,
- carrying out public works or inclusion in active employment policy measures, in accordance with the law,
- preparation and execution of the work, which is a project organized,
- work required at the time of the introduction of new programs, new technology and other technical and technological improvements of the working process or for training workers,
- handing over the work,
- elected and appointed officials or other employees who have a mandate or official in local communities, political parties, trade unions, chambers, associations and their federations,
- other cases determined by law or collective agreement on the level of activity

Paragraph 2 - A collective agreement at the level of an activity may be determined to allow a minor employer to conclude a fixed-term employment contract, notwithstanding the limits laid down in the preceding paragraph.

Maximum number of successive FTCs: no limitation

Remarks

Paragraph 2 of Article 55 provides that renewals are only lawful if the leght of 24 months is not exceeded. However, there is not disposition in relation to limitation of renewals within this period: (2) An employer may not conclude one or more consecutive contracts of employment for a fixed term for the same work, the continuous duration would be longer than two years, except in cases provided for by law, and in the case of the second, fourth, fifth , sixth and fourteenth indents of the first paragraph of the preceding article. The employment contract for a fixed period by reason of the transfer of work may take up to one month.

Maximum cumulative duration of successive FTCs: 24months

Remarks

Article 55 provides that the maximum lenght of FTC is 24 months and renewals are not allowed for the same work if this limit is exceeded. However, paragraphs 2 and 4 considered lawful renewals beyond this limit when verified ths following situations:
ii) replacement of a temporarily absent worker;
iv)employment of an alien or a stateless person who has a single license as provided by law, which regulates the entry and residence of foreigners and permission to seasonal work as laid down by the law governing employment, self-employment and work of foreigners, except when a single permit issued on the basis of consent for employment, self-employment or work;
v) management person or procurator;
vi) manager (paragraph 1 of article 74 of ERA)
xiv) elected and appointed officials or other employees who have a mandate or official in local communities, political parties, trade unions, chambers, associations and their federation.

According to paragraph 4, notwithstanding the restrictions specified in this article, in the case of the eleventh item of the first paragraph of the preceding Article 54 (preparation and execution of the work, which is a project organized), a contract of employment for a fixed period concluded for a period longer than two years if the project lasts more than two years and if the contract employment concluded for the entire duration of the project. A collective agreement on the level of activity to determine what is considered to be a project work.

Maximum probationary (trial) period (in months): 6 months

Remarks

Art. 125 ERA: The trial period may not last longer than 6 months. It can be extended in case of temporary absence from work.

Obligation to provide reasons to the employee: Yes

Remarks

Articles 85 to 87 provide rules to form and content of dismissals. Article 87 expresses the need to issue a written termination of contract notice, containing the reasons. In addition, Articles 85 and 86 provide that prior to dismissal for reasons of incapacity, the employer must allow the worker to provide his/her own defence within a reasonable deadline, which must not be shorter than three working days (Article 85). In cases where worker is a member of the trade union: If the worker so requests, the employer must notify in writing the union to which the worker belongs at the beginningof the procedure of dismissal for reasons of incapacity or for business reasons. The union may give its opinion within a deadline of sixdays. However, the employer may still terminate the employment contract, even if (the works council or trade union or workers' representative) expresses a negative opinion on the fairness of the dismissal (Art. 86, pargraph 3).

Valid grounds (justified dismissal): worker's conduct, worker's capacity, economic reasons

Remarks

Paragraph 1º of Art. 89 of ERA provides a list of reasons for ordinary termination.
The ERA distinguishes between "ordinary" and "extraordinary" termination.
An employer may ordinarily and extraordinarily terminate an employment contract with cause, or it may ordinarily terminate it owing to an occupational disability, for business reasons or owing to the employee’s incapacity to perform work owing to disability under the terms and conditions laid down in the employment contract. Ordinary termination with cause and extraordinary termination of the employment contract by the employer must be based on a substantiated reason. The ordinary termination of an employment contract owing to an occupational disability does not constitute fault othe part of the employee, but nevertheless the employer must provide a substantiated reason for termination in this case as well.
Ordinary termination shall be justified by one of the listed reasons related to the worker's conduct, capacity and economic reasons.
Extraordinary termination is allowed in exceptional cases of severe violations of the employee's obligations exhaustively listed in Article 110 of ERA (i.e criminal offence, gross negligence, absence due to imprisonment). No notice period is required in such cases. There are specific rules relating to extraordinary dismissals contained in articles 110 and 111 of ERA.

Prohibited grounds: marital status, pregnancy, maternity leave, family responsibilities, filing a complaint against the employer, temporary work injury or illness, race, colour, sex, sexual orientation, religion, political opinion, social origin, nationality/national origin, age, trade union membership and activities, disability, financial status, parental leave, participation in a lawful strike, state of health, ethnic origin

Remarks

Art. 90 ERA lists unfounded reasons for termination:
-emporary absence from work due to incapacity for work due to illness or injury, or care for family members under the regulations on health insurance or absenteeism due to parental leave under the regulations on parenthood,
- bringing an action or the participation in proceedings against the employer due to the allegation of breach of contractual and other obligations arising from employment before the arbitral, judicial or administrative authority,
- trade union membership,
- participation in union activities outside working hours,
- participation in trade union activities during working hours, in agreement with the employer,
- participation of the worker in a strike organized in accordance with the law,
- candidacy for the office worker's representative and the current or past performance of this function,
- change of employer under the first paragraph of Article 75 of this Act,
- race, nationality or ethnic origin, color, gender, age, disability, marital status, family responsibilities, pregnancy, religion and political beliefs, national or social origin,
- a contract on voluntary military service, contract for military service in the Slovenian armed forces reserve, a contract of service in the Civil Protection and the voluntary participation of the citizens in protection and rescue in accordance with the law.
See also Article 6, paragraph 1, that list prohibited grounds for discrimination.

Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave, workers with family responsibilities, confirmed injured workers, older workers/workers on the verge of retirement, workers with disabilities, workers on temporary leave following an occupational disease or a work injury

Remarks

* Worker's representatives and trade union representatives: No dismissal without the prior consent of the body whose member they are (art. 112 ERA).
* Older workers (over 55 years old): No dismissal for economic reasons without the consent of the worker until he fulfills the minimum conditions for acquiring the right to a retirement pension due to age (art. 114 ERA). Paragraph 2 of Article 114 list the exceptions to this rule:
- if the worker shall be entitled to financial compensation from unemployment insurance to qualify for a retirement pension,
- if the worker is offered a new suitable employment with the employer in accordance with the first paragraph of Article 91 or under Article 92 of this Act,
- in the event that a worker at the conclusion of the contract of employment already qualifies for protection against dismissal under this Article, unless the contract of employment in accordance with the previous indent,
- in the case of the introduction of the winding employer.

* Workers with family responsibilities and pregnant women:
Prohibition of dismissal during pregnancy, period of breastfeeding and parental leave (art. 115 ERA).

* Workers with disabilities and workers absent due to illness or injury: art. 116 (1) and (2) ERA)

Article 117 provides that if the worker falls into more than one of the categories of previous articles, she/he will be subject to stronger protection.

Notification to the worker to be dismissed: written

Remarks

Art. 86 (1) ERA

Notice period:

Remarks

Art. 94 ERA establishes statutory minimum notice periods that vary according to the reason for dismissal and the length of service as follows:

"(...) (3) In the event of ordinary cancellation of the employment contract by the employer for a business reason or reason of incompetence, the notice period shall be:
-15 days for up to one year of service with the employer,
-30 days for a period exceeding one year of service with the employer.
After a two-year period of employment with the employer, the 30-day notice period shall increase for each year of employment with the employer by two days, but shall not exceed 60 days.
After a period of 25 years of service with the employer, the period of notice shall be 80 days unless a different notice period is specified by a branch collective agreement, and in no circumstances less than 60 days.

(4) In the event of cancellation of the employment contract by the employer for reasons of misconduct, the notice period shall be 15 days. (...)"

tenure ≥ 6 months:

  • All: 0.5 months.
  • All: 0.5 months.

tenure ≥ 9 months:

  • All: 0.5 months.
  • All: 0.5 months.

tenure ≥ 1 year:

  • All: 0.5 months.
  • All: 0.5 months.

tenure ≥ 2 years:

  • All: 1 months.
  • All: 0.5 months.

tenure ≥ 4 years:

  • All: 1.13 months.
  • All: 0.5 months.

tenure ≥ 5 years:

  • All: 1.2 months.
  • All: 0.5 months.

tenure ≥ 10 years:

  • All: 1.53 months.
  • All: 0.5 months.

tenure ≥ 20 years:

  • All: 2 months.
  • All: 0.5 months.

Pay in lieu of notice: Yes

Remarks

Art. 96 ERA (Compensation instead of period of notice)
(1) Instead of enforcing a part or the entire notice period, the worker and employer may agree on appropriate compensation.
(2) The agreement under the preceding paragraph must be in writing.

Notification to the public administration: No

Notification to workers' representatives: No

Remarks

Article 86 ERA (Role of trade union and works council and/or worker representative)
(1) If so requested by a worker, the employer must inform in writing the trade union of which the worker is a member at the time of the institution of proceedings for intended ordinary or extraordinary cancellation of the employment contract. If the worker is not a member of a trade union, the employer, upon the request of the worker, must inform the works council and/or the worker representative.
(2) The trade union, works council or worker representative referred to in the preceding paragraph may give its opinion within six days. In the event that it does not give its opinion within that period, it shall be deemed that it does not object to the cancellation.
(3) The trade union, works council or worker representative referred to in paragraph one of this Article may deliver a negative opinion if it considers that there are no substantiated reasons or that the procedure was not implemented in accordance with this Act. It must explain its opinion in writing.
(4) Irrespective of an unfavourable opinion of the trade union, works council or worker representative, the employer may cancel the employment contract with the worker.

Article 112 ERA (Workers' delegates)
"(1) An employer may not cancel an employment contract
-with a member of a works council, a worker representative, a member of a supervisory board representing workers, a workers' delegate in the council of the institute or
-with an appointed or elected trade union representative
without the consent of the works council or the workers who elected him or without the consent of the trade union if this person acts in accordance with the law, the collective agreement and the employment contract, except if for a business reason he rejects the offered appropriate employment with the employer or in the event of cancellation of the employment contract due to the procedure of winding-up of an employer. (...)"

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Remarks

Exception:
Article 112 ERA (Workers' delegates)
"(1) An employer may not cancel an employment contract
- with a member of a works council, a worker representative, a member of a supervisory board representing workers, a workers' delegate in the council of the institute or
- with an appointed or elected trade union representative
without the consent of the works council or the workers who elected him or without the consent of the trade union if this person acts in accordance with the law, the collective agreement and the employment contract, except if for a business reason he rejects the offered appropriate employment with the employer or in the event of cancellation of the employment contract due to the procedure of winding-up of an employer. (...)"

Definition of collective dismissal (number of employees concerned): An employer who establishes that due to business reasons, become unnecessary work for a period of 30 days:
- at least 10 workers for an employer that employs more than 20 and less than 100 workers,
- at least 10 percent of the workers at the employer, which employs at least 100 but less than 300 workers,
- at least 30 workers with the employer employing 300 or more workers,

It is obliged to elaborate the dismissal program for redundant workers.

Remarks

Article 98 of ERA

Prior consultations with trade unions (workers' representatives): Yes

Remarks

Art. 99 of ERA provides the obligation to inform and consult the Union:
(1) The employer must inform the reasons for the termination of the redundancies, the number and categories of employees, the planned categories of redundancies, the expected time, which will stop the redundancies and the proposed criteria for determining redundancies written as previously inform the trade unions with the employer.
(2) The employer previously, with a view to reaching an agreement, consult with the trade unions with the employer about the proposed criteria for determining redundant workers in preparing the dismissal program for redundant workers, about possible ways to prevent and limit the number of cancellations and possible measures to prevent and mitigate harmful consequences.
(3) A copy of the written notice referred to in the first paragraph of this Article shall be sent to the employment services.

Notification to the public administration: Yes

Remarks

Article 100 of ERA regulates the notification to Employment Sevice regarding the need of dismissal of large number of worker, consultation ith the union, amount of redundancies to be paid, expected time and categories to be affected.
Note: collective dismissal can only take place after at least 30 days have expired from the notification to the Employment Service (paragraph 3).

Notification to workers' representatives: Yes

Remarks

See Article 99 of ERA, paragraphs 1 and 2.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Remarks

However, consent is required prior to dismissal of a worker's or trade union representative for economic reasons, except when that worker refuses an offer of suitable alternative employment.

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks

Article 102 of ERA lists criteria to be taken into account.

(1) An employer shall make a proposal of criteria for determining redundant workers. In agreement with the union, the employer may instead set out a new criteria in collective agreements for determining redundant workers.
(2) In determining the criteria for determining redundant workers into account in particular:
- worker's professional education or qualification for work and need additional skills and abilities,
- work experience,
- job performance,
- seniority,
- health conditions,
- worker's social condition
- parent of three or more children or the sole parent with children.

(3) In determining workers whose work has become redundant, under the same criteria priority shoudl take into account to retain workers with lower social status.
(4) The temporary absence of the employee from work due to illness or injury, care for a family member or a person with serious disability, parental leave and pregnancy should not be a criteria for determining redundancies.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks

Article 101 provides a list of obligations to be followed in relation to Dismissal Program for Redundant Workers, in which the employer must provide:
- the reasons for the termination of the redundancies,
- measures to prevent or maximum restrictions on termination of employment of workers, the employer must check the possibility of continued employment under changed conditions,
- a list of redundancies,
- the measures and criteria for the selection of measures to mitigate the adverse consequences of the termination of the employment relationship, such as offer employment with another employer, providing financial assistance, the provision of assistance to start self-employment, purchase of insurance period.

In addition, Article 103 provides that the employer must consider and take into account any proposals from Employment Service of possible measures for preventing or limitation of termination of employment of workers and measures to mitigate the adverse effects of termination of employment.

Priority rules for re-employment: No

Severance pay:

Remarks

Article 108 of ERA defines the rules for severance pay:

Paragraph 1 - Severance pay is due to contract termination for business reasons or for reasons of incapacity. The basis for the calculation of severance pay are the average monthly salary received by the worker in the last three months before termination.

(2) An employee is entitled to severance pay in the amount of:

- 1/5 of the basis referred to in the previous paragraph for each year of employment with the employer, if the contracts lasts from 1 to 10 years,

- 1/4 base in the previous paragraph for each year of employment with the employer, if the contract lasts from 10 years to 20 years,

- 1/3 of the basis referred to in the previous paragraph for each year of employment with the employer, the contract lasts more than 20 years.

Paragraoh 4 provides that he amount of severance pay shall not exceed 10 times the amount provided for in the first paragraph of this Article, except if there is different disposition in collective bargaining agreement,

Paragraph 5 In compulsory settlement proceedings, the worker and the employer may agree in reducing the amount of severance pay under the first paragraph of this Article, if it the payment itself jeopardizes the maintaince of a large number of jobs.

tenure ≥ 6 months: 0.2 months

tenure ≥ 9 months: 0.2 months

tenure ≥ 1 year: 0.2 months

tenure ≥ 4 years: 0.8 months

tenure ≥ 5 years: 1 months

tenure ≥ 10 years: 2.5 months

tenure ≥ 20 years: 6.5 months

Redundancy payment:

Remarks

Same for Severance Pay. Article 108 of ERA, combined with articles 99 and 100, in relation to collective dismissals.

tenure ≥ 6 months: 0.2 months

tenure ≥ 9 months: 0.2 months

tenure ≥ 1 year: 0.2 months

tenure ≥ 2 years: 0.4 months

tenure ≥ 4 years: 0.8 months

tenure ≥ 5 years: 1 months

tenure ≥ 10 years: 2.5 months

tenure ≥ 20 years: 6.5 months

Notes / Remarks

Notes

1) Dismissal based on the worker's conduct: no severance pay
2) Dismissal based on the worker's capacity: statutory severance pay
3) Economic dismissal (individual and collective): statutory redundancy payment = severance pay

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Are there legal limits?: Yes

Remarks

Article 118 provides that if the court finds illegal any termination of contrat and it is not possible to order reinstatement, a compensation will be defined by the judge taking into account the worker seniority and other employment rights and worker's appropriate financial compensation, amounting to a maximum of 18 months' salary of the worker, considering the avarage paid in the last three months prior to the termination of the employment contract.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Up to 18 monthly wages.

Remarks

Based on average monthly wages in the last three months before termination: Art. 118 of ERA.

Reinstatement available: Yes

Remarks

Art. 118 ERA: As a consequence of the court's decision finding the dismissal illegal, the worker may be reinstated, unless he/she does not wish to continue the employment relationship and/or the court considers that continuation would no longer be possible.

Preliminary mandatory conciliation: No

Remarks

Article 23 of Law on Labour and Social Court provides that pre-conciliation must take place in cases where, by law or collective agreement, it is foreseen.

(1) Where by law or collective agreement laid down a mandatory procedure for the peaceful settlement of the dispute, the action is admissible provided that the procedure was previously initiated, but was not successful.
(2) It is considered that the procedure was not successful, if the parties have not reached agreement within 30 days from the beginning of the process for a peaceful solution to the conflict.
The provisions of the preceding paragraphs shall not apply in disputes concerning the existence or termination of employment.

Competent court(s) / tribunal(s): labour court

Remarks

Art. 200 ERA

Existing arbitration: Yes

Remarks

Art. 201 of ERA provides that it is possible to solve conflicts through mediation. Paragraph 2º: (2) A collective agreement may provide for arbitration for the settlement of individual labor disputes. In this case, the collective agreement shall determine the composition, procedure and other issues relevant to the work of arbitration.
See also art. 216 ERA: Mediation can be done by the labour inspector.

Burden of Proof: both

Remarks

In Slovenia, the principle of favor laboratoris is applied, by which the labour court tends are to interpret legal rules in favour of employee, particularly where there is a doubt. Therefore, the burden of proof is shifted to the employer, with certain restrictions and conditions.
See also Article 84 ERA (burden of proof)