SLOVENIA Law and Practice Contributed by: Jernej Jeraj and Katja Triller Vrtovec, PFP Law
6. Collective Relations 6.1 Unions Role of Trade Unions
does not pay any remuneration to the employee for the term of suspension), others pay only social contri - butions to the employee for such term, and some pay the employee their full salary for such term. Agreements on mutual rights and obligations are usu - ally regulated in individual agreements and, on occa - sion, also by an employer’s internal regulations. 5.3 Other New Manifestations Desk Sharing Desk sharing, commonly found in open office envi - ronments, is gaining popularity due to the high rental costs for office spaces. In Slovenia, this practice is not specifically addressed in legislation and is often not mentioned in individual employment agreements. Instead, it is implemented as an organisational meas - ure by employers, often in conjunction with hybrid work arrangements. Platform Work Challenges Platform work challenges have become a hot topic, particularly with regard to platforms providing deliver - ies of food and other products, as the scope of these services and workers soared during the pandemic and throughout the related restrictions. Many of these workers are foreigners, who usually work based on civil law contracts and would generally be entitled at least to the protection granted to eco - nomically dependent self-employed persons (see 1.2 Employment Contracts ), as they commonly receive more than 80% of their income from the same entity. Some concerns regarding the liability of the employer/ contracting entity if such workers cause an accident (eg, a traffic accident) or violate the law while working were raised recently. In the case of employed work - ers, the damaged party/authorities can act against the employers, which is usually easier than acting against an individual employee. Use of Artificial Intelligence Challenges related to the use of AI are numerous, not yet well determined, and extend far beyond the legal issues discussed in this contribution.
In Slovenia, trade unions are defined as organisations where workers voluntarily unite to protect and improve their social and economic position and rights in the workplace. Trade union freedom allows for the free establishment and operation of trade unions and the right to join them. The Trade Union Representativeness Act ( Zakon o reprezentativnosti sindikatov , OJ no 13/93 – “ZRSin”) sets the conditions for acquiring legal personality and representativeness of trade unions. A trade union acquires legal personality on the day of the issuance of a decision on the custody of its statute, with com - petent authorities keeping the statutes based on the area and activity. Trade unions still have much influence in Slovenia, as they hold the right to organise strikes, serving as a powerful means to exert pressure on employers and advocate for the demands and rights of their mem - bers. The right to strike is guaranteed by the Constitu - tion, with the possibility of legal restrictions if required by public interest, considering the type and nature of the activity. Furthermore, trade unions in individual industries (branches), professions or companies are entitled to negotiate collective bargaining agreements with their employer counterparts. If a trade union is representa - tive (at the industry, profession, company, or even national level), it has the authority to negotiate collec - tive bargaining agreements that apply to all employees within that specific industry, profession, or company for which the agreement was established. If a trade union is organised in the company, the employer can - not unilaterally regulate through its internal regulations employees’ rights and obligations that are the subject of collective bargaining agreements. Unions further play a crucial role in the processes of business transfers and collective layoffs, as well as individual terminations (if they affect their members).
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