Employment relations ACT U r .l. RS, št. 42/2002, 79/06, 103/07

1. Slovenian labour law system, key elements,materials for postgraduate studies, Faculty of Law, Trieste University, 2008/09prof. dr.Zvone VodovnikUniversity of Ljubljana, University of Primorska, University of Trieste Z.VO.

2. Employment relations ACTUr.l. RS, št. 42/2002, 79/06, 103/07 • Employment relations in the world (EU, USA,...) • International aspects • Labour law as a legal subsystem • Constitutional bases • The aims of the statute - flexibility - employees protection Z.VO.

3. Definition of the employment relation • Organized working process • Wage • Personal working performance • Guidance and supervision of the employer directive authority disciplinary authority Z.VO.

4. Interdiction of discrimination • The Constitution ( 14.th art.) • Job seekers - employees • Gender ( man – women ) • Direct – indirect dis. regulations apparently neutral criteria practices non equal position employer – the burden of proof • managerial instructions and orders • harassment and mobbing Z.VO.

5. General enactment of the employer • Autonomous legal resource • Representative trade union opinion or employees notification - systemisation ( job classification ) duty of regulation of job requirements - other employer’s enactment Z.VO.

6. Employment contract • “real” contract • Applying for a job, employee’s submission of the application which may not exceed 5 days • beginning of work • Subsidiary use of civil code • Null and void contract, • The form (not essential, obligatory) • parties • employer ( physical person, legal person, mandate ), • the employee (ability 15 years, conditions) • foreigners ( special regulations ) Z.VO.

7. Conclusion of the EC • announcement, public competition • exceptions: • already established relations • changed circumstances • partners in the company, family members • top managers, functionary, .... • Interdiction of the discriminatory announcement (indemnity) • Rights and obligations of the employee and employer Z.VO.

8. Contents of the EC • Elementary parts of the contract • Contents : job area of the prof.activit. • Type of the contract • Working conditions - legal resources, citing - reference to autonomous res. (incorporation) Z.VO.

9. Employee’s duties Conscientiously performance of work Following employers' directives safety notifications Prohibition of damaging conduct Protection of the employer’s secrecy Prohibition of competition - ex lege - competition clause Employers’ duties To secure work and wage Safety Protection of the employees’ privacy and dignity Protection of the personal data Duties of the EC parties – determinated by the law Z.VO.

10. a) Fix term EC limitations cases time limits Sanction: fiction Season work and conversion of w.h. in w.days b) EC and the Contingent Work Trilateral relation interdiction employees on strike massive redundancies lack of safety at work Time limit – one year Employer’s duties compensation 70% adequate notifications User employer User employee Types of the EC ( I.)employermust inform the expert or specialized service in charge of safety at work about the conclusion of any fix-term contracts or contracts for temporary work arrangements Z.VO.

11. c) Public works Arrangements of the Active Employment Policies (AEP) E.E.Unemp.Statute nature of the work work + education and training determined period of time ( max: one year) d) part time EC Property rights proportional Other rights entire value Composed full time working time agreement with the employers and inbetween the employers Social risks and the part time work Types of the EC (II.) Z.VO.

12. d) Work on the employee’s premises Notification of the Labour Inspectorate Nature of work the rights and duties Employer’s duties safety compensation Labour Inspectorate intervention , the list of jobs – non allowed Telework e) EC with the Top Managers EC Work Contract (Civil Code) Company Law EC and “different” arrangement of working time break, rests, absences holidays wages Disciplinary liability termination of the EC Not allowed for lower levels of managers and business representatives Types of the EC (III.) Z.VO.

13. Transfer of the undertaking • transfer, merger, division the same work, new E. • Min.: one year ( termination of CA), the same rights • Offer of the new EC ( less favourable) Employee refuses = notice: considered as notice because of the economic reasons notice period employee’s rights dismissal compens. unemployment benefits • Employee’s demands: both organisations • Prior notifications of trade union, common consultations or direct notification of employees Z.VO.

14. Termination of EC • I.L.O. Convention No. 158 • Cases determined by the law ( statute, custom) expiry of the period (fix term contract) death , “civil death” agreement • dismissal • regular, ordinary (notice period) • irregular, extraordinary Z.VO.

15. Substantional Warning…. Valid reason, giusta causa Invalid reasons…. Conditions… consent (employee, IL) special rights (compensation) Time suspension( illness) procedural, formal Self-defence Trade union claim retaining the exec.  deadlines (A.,C.)  tempor.decision arbitration Employers privilege (suspension) limitations Z.VO.

16. In written ..to be explained… ….rights after the termination of EC claim unemployment benefits Working place job performance custom residence Civil procedure regulations The form and delivery of notice Z.VO.

17. Regular(ordinary)dismissal causes • Employee – no need to explain • Employer • economic... • incapacity... valid and fecundated , making imposs... • guilt-related... • inability to work... • e.., i.., checking up for another job ( training, retraining) • Time limits to indicate legal causes.. • Guilt-related reasons, the suspension +compensation.. Z.VO.

18. Non-valid reasons social determined reasons… claim…. workers’ representatives’ activities…. Employee’s transfer: Dismissal with the offer of the new job  refusal: the risk to be redundant acceptance of the adequate job: …still preserved right to claim against dismissal  acceptance of the non adequate job: …preserved right to claim + partial notice compensation Substantial law limitations Z.VO.

19. Notice periods • employee ..one month… (EC, CA …max.: three months) • Employer: depending on working periodof the employee in company • 30 days if the worker’s period of service with the employer is less than five years • 45 days if the worker’s period of service with the employer is at least five years • 60 days if the worker’s period of service with the employer is at least 15 years, • 120 days if the worker’s period of service with the employer is at least 25 years. • Compensation instead of notice periods… • ...contract terminated by the employer due to fault reasons on the side of the worker, the minimum period of notice is one month. The period of service also includes the period of service with the employer’s legal predecessors. • During the n.p. – min. 2 hours of the paid leave of absence weekly…. Z.VO.

20. Dismissal of high number of the employees (collective dismissal) • Redundant high number of the e. criteria notification and consultation with TU elements of plan plan notification of unemployment office: - reasons - proposals - measures of prevention - delay of dismissals - the list - measures to mitigate.. - financial evaluation of the plan • criteria • statute, CA • social status • non acceptable criteria • Reemployment within one year Z.VO.

21. Compensation (severance pay) • economic r…, r… of inability • Bases for calculation = last 3-month wage or hypothetical wage • Amount depends.... = period of work for the E. 1 – 5 years 1/5of bases for every year 5 – 15 years 1/4........ over 15 years 1/3 ………. • maximum = 10 times of basis figure , if not determined otherwise by CA (?) • agreement about lower sum allowed ...to prevent massive redundancies Z.VO.

22. Irregular termination of EC (I.) • Causes – wrongful action of the contract party, cases determined by the statute • Unbearable relation • Deadline, subjective criterion - 15 days, objective criterion - 6 months, exception: penal process • Irregular notice of the employer • wrongdoing with elements of the criminal offence • grave fault, serious misconduct ( intent, heavy negligence) • absence over 6 months period, state body decision (detention) • unsuccessful probation period, • late return after the expiring of thesuspension of the EC, • refusal of the health treatment – when addicted • the prohibition of work ( suspension in case of TU claim), compensation 50% Z.VO.

23. Irregular termination of the EC (II.) • employee • previous warning, notification of the I.L. • causes • non paid wage or compensation (3months) • non secured work • non secured safety • insults, violent behaviour against the e. • sexual discrimination • sexual attack • Severance pay - as in case of dismissal by the employer because of the economic reasons • indemnity – min:determined by the statute Z.VO.

24. Special protection against dismissal • Employees’ representatives :- consent, or court decision,- duration: still one year after the termination of the function • Elder employees : consent or the continuous compensation until retirementor the offer of another appropriatejob or commencement of the termination of the works unit • Pregnant workers : consent of the e. or L.I. • Disabled persons : permission of the state commission • Illness: not dismissed while on the treatment Z.VO.

25. Stated illegal dismissal e.demand court statement unsustainable relation court decision: day of the termination of EC + other employee’s rights Disabled: termination of the EC on the basis of executable decision on institution Foreigner: termination of the EC with expiration of the work permission At the end of bankruptcy procedure at the day of registration of court decision court decision and the termination of the EC Z.VO.

26. Claiming rights and protection of the employees • Employers’non accomplishment of duties • Violations of rights • Claim to fulfil …., …..to abolish violating activities.. • 8 day period to comply with the claim…if not suit(court)…charge (arbitration)…..within 30 days • Directly (without prior claim) • suit against employer’s decision in written • suit for remuneration and other financial claims • Unsuccessful job-applicant…..30 days for suit Z.VO.

27. arbitration • Provided by the CA, the composition, the procedure • agreement • Limited court protection • No decision within 90 dayssuit in next 30 days Z.VO.

28. Activities and protection of the TU representatives • Employers’duties: to secure a fast and effective TU activity • External TU with members in specific company can nominate its representative,….if not…the president of TU • Employers’ notification • TU activity must not hinder employers’ activities • preserving rights in case of transfer of the company • number of the shop-stewards – criteria by CA • ban mobbing or discrimination • keeping accountancy for trade unions Z.VO.

29. Legal bases: regulations, branch CA Duration, extension, shortening of the period Training and the exam Limitation of dismissal (econ.reasons) volunteers Duration, extension Termination: employee can give notice with 7 days notice p. Limitation of dismissal (econ.reasons) Traineeship and probation period Z.VO.

30. Wage, remunerations, compensations, Z.VO.

31. Working time (I.) • effective (without break), min.30’’ • full – max. 40, 36 (CA), less than 36 (increased dang.) • Limitations of the overtime work • cases • written decision ( exsept - urgent action) • time limits (8, 20, 170), 10 hours daily • with the employee’s consent...more...max. 230 hours • no limits: …preventing and eliminating the consequences… • prohibition of overtime work • if possible to organize in different way • for the “vulnerable” categories of the employees Z.VO.

32. Working time (II.) • additional employment relation • education, science, deficient professions • 8 hours a week – max. • termination: expiry of fixed time, consent withdrawal • managing and distribution • year plan: notification of the employees and TU • temporary change • bases: regulation, contract • prior written notification • disproportionate distribution: the nature of work • levelling period: 6 months or recalculation of w.hours Z.VO.

33. Working time III • Night work • “night workers” ( at least three hours a day, one third of full time job) special protection 1. interdiction on the basis of the medical findings 2. special rights: larger right to holiday leave, meal, management, limits in turn-over 3. specific condition: transport 4. specific limitations  quantity daily limits, when the work with the greater risks • Consultations with trade unions • Specific regulation: women in building and industry • Special conditions • Consent of the minister for labour • Trade union role Z.VO.

34. Break and rests • break (30 minutes) , calculated in the w.time in proportion: if a worker work at least 4 hours • rests • daily, weekly • Less in the case of asymmetrical organization of the working time • Special arrangements of night work, break and rests by law and the branch collective agreements • top managers, authorized clerks • managers • employees who perform home work Z.VO.

35. Annual leave • duration: 4 weeks • increased: 3 days – older persons, invalids, handicapped 1 day – parents with children in the family • acquired • 6 months = the full amount • 1 month = proportional (1/12) • use • One part: at least 2 working weeks, ...more parts • Use in the next year (30.6) • Use on a burden of the other employer- agreement • Approval – the interests of both parties • One day ...employee’s will, ... resigning the right? Z.VO.

36. Other absences (paid leave) • Personal circumstances: one day -child born - marriage - death in the family - misfortune • Festive days • Illness • Blood giving • Performing the public function • Activities in the bodies of the social partners • Military affaires Z.VO.

37. Education and training • education: the right • training improving the knowledge: right and duty • The scope • development ( professional, personal) • Preserving the employment • Right and duty of the employer • Right to be absent from the work place Z.VO.

38. Disciplinary responsibility • Violations of the duties • sanctions • ex lege : warning • branch collective agreement: additional ( fees, ... ) • interdiction ....not a permanent change.... • Disciplinary bodies: statute, authorisation, agreement procedure : defence, fact finding, trade union opinion written decision • Time limits: introduction, conduct, execution... Z.VO.

39. liability for the damage • General regulations-special regulations • Worker’s liability • The level of the guilt ( dolus, great negligence) • More persons responsible: according to their share.., equally • Whichever the whole sum • To diminish or to relieve of a burden to pay damages • Employer’s liability • Employee – injured at work place or by the employer’s conduct against his rights • Civil regulations, regulations concerning the safety ... • Lump sum as the indemnity Z.VO.

40. special protection of some categories of the employees • women: interdiction of subterranean work +exceptions • Pregnancy and parental ship • Organizing the work ... • Interdiction of some jobs ... Offer of the different job or the compensation • Interdiction or limitation of overtime work or night work • Parental leave • Break of the breast-feed mother: min 1 hour • Young people • Interdiction of specific activities (regulations) • Working time limitations, break, rests • Interdiction of the night work and exceptions • Increased holiday leave ( 7 days ) Z.VO.

41. special protection of some categories of the employees (II.) • Invalids (disabled persons) • Regulations inside social security legislation • The right to • suitable work according to preserved work capacity (other.., part-time work...) • professional rehabilitation • Elder employees • age 55 years • part time..., partially pensioning • night work and overtime with the employer’s consent Z.VO.