Termination of Employment Convention, 1982 (No. 158) - Slovenia (Ratification: 1992)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 2, paragraphs 2(a), 3, 4 to 6. Exclusions. The Committee notes the Government’s comprehensive report containing detailed information on legislative and practical developments. In particular, the Committee notes the entry into force on 21 April 2013 of the amended Employment Relationships Act (ZDR-1). The Committee notes that section 12(1) of the ZDR-1 provides that employment contracts are to be concluded for an indefinite period unless otherwise stipulated in the ZDR-1. Where a fixed-term contract is concluded, it must state the reason for the fixed-term nature of the employment contract (section 31(1) of the ZDR-1). Section 54 of the ZDR-1 sets out the circumstances in which fixed-term contracts may be concluded. Successive fixed-term contracts for the same work cannot be concluded for an uninterrupted period of more than two years (section 55(2) of the ZDR-1) except for managers, company officers with statutory authority (procuration) and persons carrying out executive functions. In addition, under section 22(3) of the ZDR-1, if an employer does not find a suitable employee for an advertised position, the employer may hire one of the candidates who applied for the position on a fixed-term contract for a period of up to one year. In addition, section 54(2) of the ZDR-1 provides that a branch collective agreement may stipulate that a smaller employer may conclude fixed-term employment contracts regardless of the restrictions set out in section 54(1). The Committee further notes that according to section 79(2) of the ZDR-1, a fixed-term employment contract may terminate prior to the expiration of the period for which the contract was concluded, if the contracting parties so agree or if other reasons occur for the termination of the employment contract. The Committee requests the Government to indicate what safeguards have been provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from this Convention (Paragraph 3 of the Termination of Employment Recommendation) and to indicate how it is ensured that persons holding managerial or executive positions enjoy protection at least equivalent to that provided by the Convention. In addition, the Committee requests the Government to specify the manner in which employees of smaller companies in the sense of section 54(2) of the ZDR-1 are protected from abusive recourse to fixed-term contracts, to indicate how a “smaller” company is defined for purposes of this provision and to provide practical examples of the application of this provision. Please also provide information on the manner in which it is envisaged that candidates appointed to a fixed-term contract under section 22(3) of the ZDR-1 are protected from abusive recourse to fixed-term employment.

Article 5. Invalid reasons for termination. The Government states that the ZDR-1 retains the protection of older workers against dismissal, now referring to this group as “employees before retirement”, and gradually increases the age of workers entitled to special protection (section 114). The ZDR-1 also reinforces protections for working parents (section 115) as well as for persons with disabilities (section 116). The Committee requests the Government to provide practical examples of the application of these provisions of the ZDR-1.

Article 6. Temporary absence from work. The Committee notes that section 90, point 1, of the ZDR-1 prohibits termination due to the employee’s temporary absence from work because of an illness, injury or to care for family. The Government has not, however, provided information on the extent to which medical certification is required to invoke this protection and what limitations, if any, have been placed on the application of this provision. The Committee therefore requests the Government to provide information on the extent to which medical certification is required and what limitations, if any, have been placed on the application of section 90, point 1, of the ZDR-1.

Article 7. Procedures prior to or at the time of termination and application in practice. The Committee notes with interest that section 97 of the ZDR-1 facilitates the reintegration of workers into the labour market prior to termination, providing that workers are entitled to take paid time from work during the notice period to search for new employment. Moreover, as contemplated in paragraph 16 of the Termination of Employment Recommendation, 1982 (No. 158), the ZDR-1 provides that this time from work will not result in loss of pay, as the employer is required to cover 70 per cent of the employee costs, while the remainder is covered by the public employment services. The Committee requests the Government to provide practical information on the impact of section 97 of the ZDR-1 on facilitating the reintegration of workers into the labour market. The Government is also requested to provide information on the manner in which it is ensured that section 79(2) of the ZDR-1, particularly the clause permitting early termination of fixed-term contracts for “other reasons” is applied in a manner that is in conformity with Article 7.

Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s detailed report for the period ending in May 2011, which includes information on the amendments to the Employment Relations Act on the matters covered by the Convention. The report also includes relevant information on court decisions and a complete assessment of the application of the Convention by the labour inspectorate. The Committee commends the Government for the comprehensive report provided and invites it to continue to provide information on the application of the Convention in practice, including available data on the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided. Please also provide information on the number of terminations of employment for economic or similar reasons and indicate any practical difficulties encountered in the implementation of the Convention (Part V of the report form).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2006 observation which read as follows:

Repetition

The Committee notes the detailed and comprehensive report provided by the Government, which was received in October 2006. The report includes references to the provisions of the Employment Act of 24 April 2002, which entered into force on 1 January 2003, and a complete assessment of the application of the Convention by the labour inspectorate, as well as several relevant court decisions. In relation to its previous comments, the Committee notes with interest that section 82 of the Employment Act, in conformity with Article 9(2) of the Convention, requires the employer to provide a valid reason for termination. The Committee would appreciate continuing to receive information on the manner in which the Convention is applied in practice, including available data on the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided. Please also provide information on the number of terminations of employment for economic or similar reasons and indicate any practical difficulties encountered in the implementation of the Convention (Part V of the report form).

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the detailed and comprehensive report provided by the Government, which was received in October 2006. The report includes references to the provisions of the Employment Act of 24 April 2002, which entered into force on 1 January 2003, and a complete assessment of the application of the Convention by the labour inspectorate, as well as several relevant court decisions. In relation to its previous comments, the Committee notes with interest that section 82 of the Employment Act, in conformity with Article 9, paragraph 2, of the Convention, requires the employer to provide a valid reason for termination. The Committee would appreciate continuing to receive information on the manner in which the Convention is applied in practice, including available data on the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided. Please also provide information on the number of terminations of employment for economic or similar reasons and indicate any practical difficulties encountered in the implementation of the Convention (Part V of the report form).

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report for the period from 1 July 1993 to 31 May 1999, in particular that a new Labour Relations Act is in its second reading in the National Assembly and that a copy of the new Act will be forwarded once it has been adopted. The Committee also notes with interest the Guarantee and Maintenance Fund, established in 1997, which covers the financial obligations of employers to their workers when they become insolvent, including redundancy payments.

Article 9, paragraph 2, of the Convention.  Further to previous comments, the Government explains that section 7, paragraph 1, of the Civil Procedure Act of 1999, which governs appeals from dismissals, places the burden of proof largely on the plaintiff, i.e. the worker. In the Government’s view, this burden is somewhat mitigated by paragraph 2 of section 7 of the Act, which allows the court to take notice of facts not presented by the parties. Furthermore, section 36h, paragraph 2, of the draft Labour Relations Act, provides that the burden of proof is on the employer in all cases of procedure. Please clarify whether appeals based not on flawed procedure but on whether the alleged grounds for termination were true or valid would also place the burden of proof on the employer or otherwise guarantee that the worker does not bear the burden of proof alone. If not, the Committee urges the Government to include the necessary provisions to this effect in the draft Labour Relations Act.

Article 10.  The Committee notes the information provided by the Government in response to previous comments. It requests statistics on the specific remedies awarded by the courts.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, with its next report, copies of collective agreements referred to in the report, such as, for example, the General Collective Agreement for the commercial sector of 27.07.1990. Please also provide additional information on the following points:

Article 9, paragraph 2, of the Convention. The Committee notes the Government's statement to the effect that the court must examine the case on the basis of evidence submitted by the parties. It would be grateful if the Government would indicate how the rules and procedures governing evidence ensure that the worker does not have to bear alone the burden of proving that the termination of employment was not justified.

Article 10. The Government states in its report that if the court finds that the termination of employment is unjustified, it is empowered to order reinstatement of the worker. The Committee notes that, according to section 83 of the Act on the Fundamental Rights Arising out of the Employment Relationship, it shall be the duty of the employer to implement a legally binding decision of the court within 15 days of the date of its communication. Please indicate the consequences for the employer of failure to reinstate the worker after the court's decision has been taken. Please also indicate whether the court is empowered to order payment of adequate compensation if it does not find it practicable to order reinstatement.

Point V of the report form. Please provide general information on the manner in which the Convention is applied in practice, including for example available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons. Please indicate any practical difficulties encountered in the implementation of the Convention.