Are employers required to give notice of termination?
Employment contracts can be terminated only as set out by the Employment Relationships Act (ERA-1). Terminations must be in writing. If an employment contract is terminated by the employer, the reasons therein must be explained and the employee must be advised of their legal protections and rights under unemployment insurance. The employer must also service notice on the employee in person. The notice period and period for claiming judicial protection will begin on the day on which notice is served.Redundancies
What are the rules that govern redundancy procedures?
The rules for redundancy procedures are stipulated in the ERA-1 and applicable collective agreements, which will cover additional obligations and criteria for redundancies.
Are there particular rules for collective redundancies/mass layoffs?
The deadlines and procedures that employers must comply with in the case of redundancies depend on the total number of employees employed and the number of redundancies.
Employers with more than 20 but fewer than 100 employees that want to make at least 10 employees redundant; employers with more than 100 but fewer than 300 employees that want to make at least 10% of their workforce redundant; and employers with more than 300 employees that want to make 30 employees redundant must:
- terminate the employment contracts following a special procedure;
- prepare a dismissal programme for the redundant employees; and
- notify the trade union and Employment Service of Slovenia of the reasons for the redundancies and the number and projected categories of the redundant employees.
The trade union will play an important role in the preparation of the dismissal programme, since the employer must first consult with the trade union about all of the material circumstances surrounding the termination and agree on:
- the proposed criteria for determining which employees to make redundant;
- potential ways to avoid or limit the number of redundancies; and
- possible measures to prevent and mitigate harmful consequences.
What protections do employees have on dismissal?
A worker may request the competent labour court to review the legality of their termination or the means of termination set out in their employment contract.
If an employer terminates an employment contract for business reasons or due to incompetence, the worker is entitled to severance pay. In this case, the worker is also entitled to benefits under unemployment insurance. This is also true if a worker’s employment contract is terminated because they failed to pass their probation period.
Finally, workers are entitled to receive the minimum notice period set out in the ERA-1.