📋 Tender Overview
Government approved the amendments to the Employment Relations Act, issued the Decree determining the price of electricity, and issued the Ordinance introducing temporary re-controls at the internal borders of the Republic of Slovenia with the Republic of Croatia and Hungary.
The Government adopted the Draft Act amending the Employment Relations Act (draft amendment ZDR-1), which incorporate into national law the necessary amendments and additions as required by EU law. The main purpose of the proposed changes is to improve working conditions by promoting more transparent and predictable employment while ensuring adaptability in the labour market, improving workers' access to information on their working conditions and improving working conditions themselves.
The amendment proposal for ZDR-1 transposes Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (Directive 2019/1152/EU) and Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (2019/1158/EU) in work, relating to the exercise of labour rights and obligations.
An additional five days of unpaid leave are being reintroduced in the case of care or care of a family member or person with whom the worker lives in a common household requiring more extensive care and support for medical reasons. It establishes an obligation for the employee to inform the employer about this before the onset of absence, as well as the reason for the absence that has occurred. The employee establishes the right to absence by submitting a statement to the employer, and at the time of the statement he submits evidence that the employee can submit according to the circumstances of absence (for example, a medical certificate, a certificate from a social work centre, etc.).
The proposal for amendment ZDR-1 introduces five days of paid leave for victims of domestic violence for the period when victims have to arrange matters at a social work centre, in courts, organise contacts under supervision and, in some cases, also move or temporarily stay in safe houses. If a victim of domestic violence wishes to exercise their right to absence from work, they will have to provide the employer with a certificate confirming the assessment of the threat from domestic violence, proof of the report made to the police and evidence of handling matters relating to domestic violence.
The employer's obligation to give an employee the opportunity to be heard about them within a reasonable period, which may not be less than three working days and longer than 30 days, within a reasonable period of time, which may not be less than three working days and longer than <> days, is restored (statement of impugned violations), unless there are circumstances that would render it unreasonable to expect the employer to do so. At the request of the employee, a defence is carried out about the circumstances of the violation and, at the proposal of the employee, also includes a workers' representative (a trade union, or if the employee is not a member of a trade union, works council or a workers' trustee) or another person authorised by the employee for this purpose.
In order to provide additional legal certainty to the employee in the event of a warning before the termination of an employment contract for culpable reasons, the deadline for possible dismissal is redefined if the employee again violates the contractual and other employment obligation after having been warned in writing by the employer of the violation or non-fulfillment of obligations. The deadline within which an employee may not commit an infringement again varies from one year to six months with the proposal. The maximum time limit is also shortened in the event that the deadline is set in the collective agreement at activity level, from two years to 18 months.
The right to disconnect is introduced, which gives the worker the possibility that the employer cannot call him in the afternoon or during the weekly rest, weekend or leave. The proposal includes an obligation to define these measures in a collective agreement at activity or employer level, and the presumption that the burden of proof lies with the employer if the disputing employee indicates the fact that the employer has not provided the right to disconnect.
The proposal transposes into law the requirement of Directive 2019/1152/EU to allow the worker to request from the employer another more predictable and secure form of employment, where available. Where no amended or new employment contract is concluded, the employer will have to provide the employee with a reasoned reply at the employee's request. It also transposes the requirement of Directive 2019/1152/EU for the employer to provide the worker in writing with information relating to the employment relationship, including relevant information on the remuneration involved, which must cover all elements of remuneration (including the payment of allowances, including overtime) and information on any right to training provided by the employer.
Workers' representatives and trade union representatives will now be provided with effective legal certainty. Employers have the possibility of unfounded dismissal of prominent representatives of employees who demand better working conditions or warn of irregularities in the company. Therefore, we enact the suspension of the effect of dismissal pending the decision of the labour courts at first instance or a maximum of 6 months for workers' representatives, and their higher compensation due to the disqualification (instead of 50% will be entitled to a percentage of the salary) and legal protection against a written warning against dismissal.
