SLOVENIA Law and Practice Contributed by: Jernej Jeraj and Katja Triller Vrtovec, PFP Law
days before its signing and a signed copy after it has been concluded. The lack of a written form does not necessarily mean that no employment relationship exists. The written form is stipulated in favour of the employee. If the employee claims that an employment relationship exists between the parties, the employer will bear the burden of proof that no such relationship exists in case of dispute. ZDR-1 sets forth the mandatory elements of an employment contract. With respect to certain rights and obligations, the employment contract can also refer to collective bargaining agreements or general regulations of the employer. The statutory content includes: • information on the contracting parties; • the date of commencement of work; • the employee’s position and a detailed job descrip - tion; • the place of work; • the term of the contract and (if applicable) the reason for concluding a fixed-term employment contract; • an indication of whether the employment contract is for full-time or part-time work; • working hours and the distribution thereof; • the amount of the employee’s basic salary and any other payments to which the employee is entitled; • the payment of allowances and other components of the employee’s salary, the pay period, the pay - day and the method of salary payment; • reference to the binding collective agreements or the employer’s general acts determining the work - ing conditions of the employee; and • other rights and obligations in specific cases. Employment Contracts for an Indefinite Term If the length of the employment contract is not clear - ly stated in writing, or if the fixed-term employment contract does not comply with legal requirements, it is assumed that the employment contract is for an indefinite period. • the duration of annual leave; • the length of notice periods; • training provided by the employer;
Under Slovenian law, employment agreements may only be terminated in cases and in accordance with the conditions and procedures set forth by ZDR-1 (except for employment agreements with legal rep - resentatives, as described in 1.1 Employee Status ). Fixed-Term Employment Contracts As mentioned above, fixed-term contracts are viewed as “unwanted exceptions” by the law, as the social security of workers is still of significant value in Slo - venia. In exceptional cases, an employment contract may be concluded for a fixed term if it pertains to: • the performance of work that, by its nature, lasts for a specified period; • the replacement of a temporarily absent worker; • a temporary increase in the volume of work; • the employment of a foreigner or a stateless per - son; • a managerial person, a procurator, or other execu - tive employee; • the performance of seasonal work; • a worker who concludes a fixed-term employment contract for the purpose of preparing for work, training, improving for work or education; • fixed-term employment due to work during a pro - bationary period; • the performance of public works or inclusion in active employment policy measures; • work organised as a project; • work required during the introduction of techni - cal and technological improvements of the work process, or due to the training of workers, or the transfer of work; • elected and appointed officials or other workers tied to the mandate of a particular body or official; or • other cases defined by law or by a collective agreement at the industry level. Collective bargaining agreements may grant further exceptions, particularly to smaller employers (those employing ten or fewer employees). ZDR-1 also limits the duration of fixed-term contracts. In general, they are limited (for the same position) to the duration of the underlying reason for which such an exception was permitted, but not more than two
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