斯洛文尼亚 雇佣指南

Employment contracts in Slovenia must include specific mandatory details as prescribed by law. These include:

• Names and personal data of the parties involved.
• Start date of employment.
• Job title or type of work, along with a brief job description.
• Workplace location.
• Duration of the contract for fixed-term contracts, including reasons for its fixed term and provisions regarding annual leave.
• Indication of full-time or part-time employment.
• Details of daily or weekly working hours.
• Basic salary amount.
• Other payments or salary components, payment period and method of salary payment.
• Provisions regarding annual leave or how it is determined.
• Notice periods.
• Reference to binding collective agreements and employer’s general rules.

Employers in Slovenia must adhere to strict guidelines when requesting information or conducting background checks on candidates:

• Information requested must be relevant to the candidate’s ability to perform the job.
• Candidates may undergo tests or examinations directly related to job requirements.
• Employers can only obtain information from doctors regarding a candidate’s ability to meet specific job-related health requirements.
• Questions about personal matters, like family status or health issues unrelated to job performance, are prohibited.
• When requiring a clean criminal record, employers must apply the principle of proportionality.
• Third parties conducting background checks must also follow these guidelines.

Employers in Slovenia have the option to include a probationary period clause in employment contracts, the duration of which depends on the qualification level and position. Typically, probationary periods may last up to six months, unless specified differently in a collective bargaining agreement. Both the employee and employer retain the right to terminate the employment relationship during this period, due to unsatisfactory work, with a notice period of seven days.

Full-time employment is limited to a maximum of 40 hours per week. Employees are granted a 30-minute rest break if they work eight hours per day, or a proportional break according to the hours worked if at least four hours are completed. Workers are entitled to a minimum 12-hour uninterrupted rest period within a 24-hour timeframe, as well as an additional 24-hour rest period over seven consecutive days. A minimum of 12 hours of uninterrupted rest between two successive working days within a 24-hour period is required. Although specific regulations for shift workers are not stipulated by law, they can be established through collective agreements.

Employers have the authority to request overtime work under specific circumstances, with restrictions set at eight hours per week, 20 hours per month and 170 hours per year. With the employee’s consent, overtime can extend up to 230 hours annually. There are exceptions for overtime during natural disasters and certain groups of workers are exempt from overtime requirements. Legal regulations regarding working hours, breaks and rest periods are compulsory and cannot be circumvented through contractual agreements. Overtime work mandates additional compensation as stipulated by collective agreements.

Bonuses are typically governed by individual employment contracts. Performance-related pay considers factors like the economy, quality and scope of work, as well as the employer’s operating performance. Collective agreements or employment contracts may include additional bonuses such as the 13th month salary, Christmas bonus and Jubilee bonus based on length of service. Employee profit sharing can be agreed upon in contracts and is subject to legal restrictions. For companies limited by shares, profit-sharing bonuses are capped at 20% of profits in a financial year and 10% of annual gross salaries. Additionally, individual employees cannot receive more than EUR 5,000 in bonuses per year.

Dismissal procedures vary based on the type of dismissal, either regular or extraordinary. Regular dismissals require written notice to employees, allowing them to defend themselves, with additional steps for certain reasons like misconduct or probationary period failure. Dismissal due to disability follows specific regulations, including a review by a special commission. Employee protections against dismissal include providing valid reasons, adhering to correct procedures and protections for various categories of employees such as representatives, pregnant workers and the disabled. Dismissal during temporary incapacity typically occurs upon the employee’s declared fit-for-work date unless the employer is winding up.

Notice periods for dismissals vary based on the type of dismissal. Regular dismissals, which include reasons like business needs or employee incompetence, have notice periods ranging from 15 to 80 days depending on length of service. For instances of extraordinary dismissals, specific grounds may allow for immediate termination without prior notice, such as cases involving serious misconduct or unjustified absence from work. These regulations ensure dismissals are carried out with proper notice periods and legal justifications in Slovenia.

During employment in Slovenia, employees must obtain written consent from their employer before engaging in certain activities:

• Performing work for personal gain or for a third party’s benefit.
• Undertaking activities identical to the employer’s or in direct competition with the employer.

After termination of employment, employees and employers can agree to a non-competition clause, prohibiting competitive activities for up to two years. The clause must allow the employee to find alternative employment and include reasonable compensation, at least one third of the average monthly salary over the last three months before termination. The non-competition clause automatically expires if both parties agree or if the employee terminates due to the employer’s serious violation, provided they declare non-binding within a month of termination.

A fixed-term employment contract is allowed only in certain situations, including:

• Work that is inherently limited in duration
• Temporarily replacing an absent employee (excluding retirees)
• Meeting a temporary increase in workload
• Providing training or preparing for work
• Engaging in seasonal or project-based work

Generally, these contracts are limited to a maximum duration of two years, except in cases of temporary replacements or projects lasting longer than two years.

The Personal Data Protection Act predates the EU General Data Protection Regulation (EU GDPR) and remains applicable in Slovenia as no new legislation has been enacted to complement the EU GDPR. The Information Commissioner Act outlines the responsibilities and authorities of the Information Commissioner.

The Electronic Communications Act establishes guidelines for electronic communications networks and services, covering aspects such as cookies and electronic direct marketing. The Act incorporates the EU Privacy and Electronic Communications Directive into Slovenian law.

Employers must inform employees of the payment day and any changes to this should be communicated beforehand in writing. Salaries, work-related expense reimbursements and other entitled benefits are deposited into the employee’s bank account in Euros. No additional special controls apply, and payments can be made from a foreign bank account.

The employer is required to provide the employee with a statement of remuneration paid by the end of the payment day in which all the data on salary, wage compensation, reimbursement of work-related expenses and other benefits to which the employee is entitled are evident (i.e., pay slip). The pay slip should be distributed (via email or physically) at the latest on the day of the payment.

It is mandatory for employers in Slovenia to keep records of time worked by employees, including the time the employee starts and ends work.

The entitlement to annual leave cannot be less than four weeks in a calendar year, regardless of full-time or part-time employment. Additional days may be granted for specific reasons outlined in the collective agreement. Employers must pay holiday allowance to eligible employees, amounting to at least the minimum wage, by July 1 of the current calendar year.

Employees have the right to paid leave for illness or injury, receiving 80% of their salary for non-work-related matters and their full salary for work-related issues. This compensation continues until the employee resumes work or is classified as permanently disabled. Absences must be substantiated with a medical certificate and there is no specified maximum duration for such leave. Unpaid leave for personal reasons is determined by the employer, although collective agreements may address this. The state reimburses sick pay from the employer when absences surpass certain thresholds.

Maternity leave in Slovenia spans 105 days, during which maternity benefits cover 100% of the base salary, without any cap on the benefit amount. Furthermore, both mothers and fathers are granted 130 days of parental leave each, totalling 260 days.

Parental leave may be extended under certain circumstances, such as the arrival of twins, premature birth or when the child requires specialized care. During parental leave, benefits are equivalent to 100% of the base salary, capped at 2.5 times the average monthly wage. Furthermore, accommodating work arrangements, like breaks for breastfeeding, contribute to harmonizing both career and familial responsibilities.

Fathers in Slovenia are entitled to 30 days of paternity leave, with the benefit covering 100% of the basis and capped at 2.5 times the average monthly wage. This allows fathers to actively participate in childcare from an early age.

Workers in Slovenia are entitled to paid absence from work for personal circumstances, such as bereavement, for up to seven days per calendar year. This includes situations like the death of a spouse, common-law partner, child or parents. Although unpaid leave isn’t mandated by law, it can be negotiated and arranged with the employer if both parties agree.

In addition to the annual leave, workers in Slovenia are entitled to paid absence from work for their own wedding or other personal circumstances, for up to seven days per calendar year. While unpaid leave is not guaranteed by law, it can be arranged if agreed upon with the employer.

The following groups are entitled to extra leave of at least three additional days: elderly employees, disabled employees, employees with at least 60% physical impairment as well as employees nursing a disabled child.

Employees taking care of children are entitled to one additional day of annual leave for every child under the age of 15 years.

Slovenia typically observes 12 public holidays each year, including both secular and religious celebrations such as New Year’s Day, Easter Monday, Labor Day (May 1st), Whit Sunday– Whitsuntide Holiday, Statehood Day (June 25th), Christmas Day and others.