Slovenia - Employment Relations Act, (VDR-1) (EPA VI).
Name: Employment Relations Act, (VDR-1) (EPA VI). Country: Slovenia. Subject(s): Conditions of employment. Type of legislation: Law, Act. Adopted. Corrigendum to the Employment Relationship Act – ZDR-1 (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 78/13 of 20 September ). Oct 1, In general, Slovenian labour legislation serves as the legal basis for all employment contracts, under which employment relationships are.
The most important proposed change to the Labour Inspection Act is the extension of the powers of the Labour Inspectorate IRSDenabling it to compel an employer to enter into an employment relationship with a person working on a contract basis if IRSD establishes the necessary elements of employment relations. The proposed amendments to the Labour Inspection Act and the Labour Market Regulation Act were not controversial and have been adopted by parliament.
However, social partners continue to negotiate the amendments to the Employment Relationship Act, where the main area of dispute is the consensual termination of an employment relationship.
In this way, a contract worker, who might have been forced to work as a contractor, was unduly punished. Under the amended act, IRSD will be able to compel an employer to enter into employment relationship with a person illegally working on a contract basis. The employment contract will have to correspond to the job tasks already carried out by the contract worker, and the salary will have to be comparable with the salaries of regularly employed workers performing similar types of tasks.
If an employer refuses to employ the contract worker, the latter is entitled to legal protection and can seek recognition of the employment relationship in court.
If a contract worker illegally works on a contract basis but refuses to enter an employment relationship with the employer, this person will not be able to continue working. Commentary Concerns were expressed about the capacity of the already overburdened IRSD to cope with the new tasks.
Employment & Labour Law | Slovenia | ICLG
This reinforcement will help to ensure effective checks on employers and illegal uses of atypical labour forms. They are liable to pay self-employment income tax and social security contributions themselves. Time periods There are no time limits prescribed for workers, sole traders or economic dependants. However, under the Employment Relationship Act, which sets out the situations where fixed-term employment can be used, certain types of fixed-term work can only have a duration of a maximum of two years.
Are any grants or incentives available for employing people? Grants or incentives The state provides several measures for employment seekers that are aimed at promoting employment: Lifelong career orientation providing information regarding the labour market, teaching independent career management and career management skills, and providing basic and in-depth career consultation.
Employment agency services job placement providing assistance in the search for suitable or appropriate employment, together with a referral to an employer. During the time they are using the above services, employment seekers are reimbursed for the travel and mail expenses they incur as a result of their active search for employment. Reimbursement is provided with prior agreement and is based on evidence submitted of the expenses incurred. Travel expenses are reimbursed at a rate of EUR0.
Depending on the type of programme and the duration of participation in the programme, employment seekers are also entitled to a bonus for activities that they undertake whilst they are physically present at the offices of the services providers, to EUR3 per hour.
The state's measures also include an active employment policy providing education and training; encouraging workplace substitutes and job sharing; providing incentives for employment in the form of employment subsidies; and promoting job creation and self-employment. Among other things, incentives for employers include: Partial refund of contributions paid over two years in relation to the following employees, if this is their first employment and they remain employed with the same employer for at least two years: Partial exemption from the payment of employer contributions for employing: A variety of subsidies for employing different categories of workers.
Employment under the community work placement programme. Tax relief for employing: These measures change frequently and are subject to budgetary restrictions.
Filings Before employing a new worker, an employer must publish an advertisement for the employment vacancy although certain legally prescribed cases are exempt from this requirement. The advertisement must contain all of the relevant requirements for the job, the deadline for the receipt of applications, and must be advertised for at least three business days.
Before the employee starts working under the contract, the relevant form notifying the conclusion of an employment contract must be filed with the Health Insurance Institute of Slovenia, in order to register the worker for insurance.
The employer must provide the employee with a certificate confirming that the application has been made. Both the employer and employee must co-operate with the employment service regarding any application for subsidies. Are there any restrictions or prohibitions on carrying out background checks in relation to applicants? An employer can only request evidence from a candidate that is relevant to the candidate's ability to perform the work required.
A candidate can be required to pass an examination that tests their knowledge or qualifications and ability to perform the work, and can be referred to a preliminary medical examination, provided that passing both the test and the medical examination is a requirement of being able to perform the work.
An employer can obtain information from a doctor on the candidate's ability, or inability, to perform the work where the work has special health requirements, but they cannot obtain information on a candidate's general health status, or on any illnesses or diseases that the candidate may have. A candidate cannot be asked questions on the following matters unless they are directly related to the employment relationship: Family or marital status.
It is not permitted to request that a candidate provide evidence of their own general good conduct. If an employer assesses that the nature of the work requires that a candidate does not have a criminal record, they must apply the principle of proportionality when defining the absence of a criminal record as a condition for assuming the position of employment. For other questions concerning a candidate's past, a balance needs to be struck between how relevant any individual circumstance or fact is to meeting the conditions necessary to perform the work.
If the circumstance or fact is not relevant to whether the candidate can perform the work, then the employer is not permitted to ask questions about, or obtain information on, that circumstance or fact.
The same conditions apply when a third party is obtaining information on the employer's behalf. Permission to work 5. What prior approvals do foreign nationals require to work in your country?
The Employment, Self-employment and Work of Aliens Act entered into force on the 15 Julywhich redefined the employment of foreign nationals and introduces a single permit for work and residence and the principle of a "one-stop shop", to which an alien or his employer submits a single application for a single permit for residence and work at a single place.
A single permit for residence and work is issued by the Administrative Unit offices, with the consent of the Employment Service of Slovenia. Some categories of foreign nationals such as priests, foreign media reporters, business visitors and professional athletes do not require the single permit for residence and work and can be employed, self-employed or perform work, if their residence is in accordance with regulations governing the residence of aliens.
Citizens of member states of the European Union, as well as citizens of Norway, Liechtenstein, Iceland and the Swiss Confederation, have the right to free access to the labour market.
That means that they can be employed, self-employed or perform work without the consent of the Employment Service of Slovenia. However, the process still differs for Croatian citizens as Slovenia has extended the two-year transitional period first set from the 1 July until the 30 June for the employment and work of Croatian citizens in Slovenia. A special Act on the extension of the transitional period in the field of the free movement of citizens of the Republic of Croatia and their family members is extending the transitional period after 1 July for another three years.
Aliens residing in the Republic of Slovenia on the basis of a permit for temporary residence for family reunification with Slovene citizens also have the right to free access to the Slovenian labour market. Single permit for residence and work Procedure for obtaining approval.
The Employment, Self-employment and Work of Aliens Act became applicable on 1 Septemberintroducing a single permit for residence and work. A single permit enables aliens from third countries to enter, reside and work in the Republic of Slovenia.
An employer who wishes to employ a foreign national must first publish the employment vacancy. An application for a single permit can be filed by the employer or by the foreign national. An alien files the application by the consulate of the Republic of Slovenia abroad. The employer can file an application at the Administrative Unit offices or at the consulate of the Republic of Slovenia. After receiving the application, the Administrative Unit office will require consent of the Employment Service, which will be given within 15 days.
The consent of the Employment Service to a single permit for residence and work is given if the legal conditions are fulfilled and if there are no suitable resident workers in the records of the Employment Service.
The first single permit is issued for a maximum period of one year and can be extended. The fee for issuing a single permit is EUR After submitting a complete application, a single permit for residence and work should be issued within 30 days.
Employment & Labour Law 2018 | Slovenia
A fine ranging from EUR3, to EUR30, is imposed on an employer which commits an offence by enabling the work of an alien, who does not possess a valid single permit for residence and work. A fine ranging from EUR to EUR5, is imposed on an alien who commits an offence by performing work for which a valid single permit for residence and work was not issued. If a fine is imposed on an employer, that employer is banned from employing aliens for a period of two years: Restrictions on managers and directors 6.
Are there any restrictions on who can be a manager or company director? Age restrictions There are no upper age restrictions on who can be a manager or company director, but a manager or director must have full capacity to contract, which is generally attained at the age of 18 although, in exceptional circumstances, full capacity to contract can be attained at the age of Nationality restrictions There are no nationality restrictions, as any natural person with the capacity to contract can be a member of a management or supervisory body certain other limitations can apply, but these do not relate to nationality.
They come into force if the person: Is already a member of another management or supervisory body of the company. Has been convicted of a crime for a period of five years from the final judgment and two years after serving their prison sentences concerning: Has been banned from acting as a member of a management or supervisory body for the duration of the ban.
Has been convicted to pay compensation to creditors in accordance with the provisions of the law regulating business finance, as a member of the management or supervisory body of a company over which bankruptcy proceedings have been started for a period of two years after the final judgment.
Regulation of the employment relationship 7. How is the employment relationship governed and regulated? Written employment contract An employment contract must generally be concluded in writing, although the fact that it is not concluded in writing does not mean that it is automatically assumed that no employment relationship exists.
In the case of a dispute regarding the existence of an employment relationship, it is presumed that it exists if elements of an employment relationship exist.
EMPLOYMENT RELATIONSHIPS ACT
The law prescribes that the following mandatory matters must be covered by an employment contract: Names and other data of the contracting parties. Date of commencement of the work. Title of the position of employment or type of work, with a brief description of the work.
Place of performance of the work. Period for which the employment contract has been concluded in the case of a fixed-term employment contract.
In the case of a fixed-term employment contract, the reason for concluding the contract on a fixed-term basis and a provision on the method for taking annual leave. Description of whether the employment contract is for full-time or part-time work. The length and distribution of daily or weekly working hours.
The amount of the basic salary. Provision on other payments or salary components, the payment period, and the date and method of salary payment.