EMPLOYMENT RELATIONSHIPS ACT
(Ur. l. RS, No. 42/2002)
the last change (Ur. l. RS, No. 103/2007) is not included
I. GENERAL PROVISIONS
II. EMPLOYMENT CONTRACT
III. RIGHTS, OBLIGATIONS AND RESPONSIBILITIES ARISING FROM EMPLOYMENT RELATIONSHIP
- SERVING OF TRAINEESHIP
- PROBATION
- REMUNERATION
- WORKING TIME
- NIGHT WORK
- BREAKS AND RESTS
- PARTICULARITIES OF ARRANGEMENT OF WORKING TIME, NIGHT WORK, BREAKS AND RESTS
- ANNUAL LEAVE
- OTHER ABSENCES FROM WORK
- OBLIGATION TO CARRY OUT OTHER WORK DUE TO EXCEPTIONAL CIRCUMSTANCES
- EDUCATION
- DISCIPLINARY RESPONSIBILITY
- LIABILITY FOR DAMAGES
IV. PROTECTION OF CERTAIN CATEGORIES OF WORKERS
- PROTECTION OF WOMEN
- PROTECTION OF WORKERS DUE TO PREGNANCY AND PARENTHOOD
- PROTECTION OF WORKERS UNDER THE AGE OF 18
- PROTECTION OF DISABLED PERSONS
- PROTECTION OF OLDER WORKERS
V. ENFORCEMENT AND PROTECTION OF RIGHTS, OBLIGATIONS AND RESPONSIBILITIES ARISING FROM EMPLOYMENT RELATIONSHIP
VI. ACTIVITY AND PROTECTION OF TRADE UNION REPRESENTATIVES
VII. SPECIAL PROVISIONS
- WORK ABROAD AND THE POSITION OF WORKERS POSTED TO PERFORM WORK IN THE TERRITORY OF REPUBLIC OF SLOVENIA
- WORK OF CHILDREN UNDER THE AGE OF 15, APPRENTICES, SECONDARY-SCHOOL AND UNIVERSITY STUDENTS
- EMPLOYMENT CONTRACT FOR SEAFARERS
- EMPLOYMENT BOOKLET
VIII. INSPECTION AND SUPERVISION
IX. PENAL PROVISIONS
X. TRANSITIONAL AND FINAL PROVISIONS
I. GENERAL PROVISIONS
Article 1
(Aim of the Act)
(1) This Act regulates employment relationships which are entered into on the basis of an employment contract concluded between the worker and the employer.
(2) The aim of this Act is to achieve the inclusion of workers in the working process, to ensure a harmonised running of the working process and to prevent unemployment, taking into account the right of workers to freedom of work and dignity at work, and to protect the interests of workers in employment relationship.
Article 2
(Regulation of Employment Relationship)
Unless stipulated otherwise by a special act, this Act also regulates employment relationships of workers employed with state bodies, local communities and institutions, other organisations and private persons carrying out a public service.
Article 3
(Application of the Act)
(1) This Act shall apply to employment relationships between employers established or residing in the Republic of Slovenia and the workers employed with them.
(2) This Act shall also apply to employment relationships between foreign employers and workers, concluded on the basis of an employment contract on the territory of the Republic of Slovenia.
(3) In case of workers posted to the Republic of Slovenia by a foreign employer on the basis of an employment contract pursuant to foreign law, this Act shall apply in accordance with the provisions regulating the position of workers posted to work in the Republic of Slovenia.
Article 4
(Definition of Employment Relationship)
(1) An employment relationship is a relationship between the worker and the employer, whereby the worker is voluntarily included in the employer's organised working process, in which he in return for remuneration continuously carries out work in person according to the instructions and under the control of the employer.
(2) Each of the contracting parties in an employment relationship shall exercise the agreed and prescribed rights and obligations.
Article 5
(Definition of the Worker and the Employer)
(1) For the purposes of this Act, the worker is any natural person who has entered into an employment relationship on the basis of a concluded employment contract.
(2) The employer is a legal and natural person or another entity such as a state body, local community, subsidiary of a foreign company and a diplomatic and consular mission employing the worker on the basis of an employment contract.
(3) A smaller employer is an employer employing ten or less workers.
(4) The expressions worker and employer (with the corresponding pronouns ) in the masculine grammatical gender shall be used as neutral gender encompassing both women and men.
Article 6
(Prohibition of Discrimination)
(1) The employer may not treat unequally the job seekers (hereinafter referred to as »the applicant«) in gaining employment or the worker during the employment relationship and in relation to the termination of an employment contract on the basis of sex, race, colour of skin, age, health or disability, religious, political or other conviction, membership in a trade union, national and social origin, family status, financial situation, sexual orientation or other personal circumstances.
(2) Women and men must be provided equal opportunities and equal treatment in access to employment, promotion, training, education, retraining, wages and other income arising from employment relationship, absences from work, working conditions, working hours and notice of termination of the employment contract.
(3) Any direct as well as indirect discrimination due to sex, race, age, healthor disability, religious or other conviction, sexual orientation and national origin is prohibited. There is indirect discrimination where an apparently neutral provisions, criteria and practice would put persons of certain sex, race, age, health or disability, religious or other conviction, sexual orientation or national origin at disadvantage, unless such provisions, criteria and practice are objectively justified, appropriate and necessary.
(4) If in case of a dispute the applicant or worker presents facts which justify the assumption that the prohibition of discrimination was violated due to the circumstances referred to in paragraph (3), it shall be for the employer to prove that different treatment is justified by the type and nature of work.
(5) Should the prohibition of discrimination be violated, the employer is liable for damages to the applicant or worker pursuant to general rules of the civil law.
Article 7
(Limitation of Contracting Parties' Autonomy)
(1) In entering into and terminating an employment contract as well as during the employment relationship, the employer and the worker must follow the provisions of this Act and other statutes, ratified and published international agreements as well as other regulations, collective agreements and employer's general acts.
(2) The employment contract and/or collective agreement may lay down rights which are more favourable for the worker than those laid down in this Act.
(3) Notwithstanding the provision of paragraph (3), the collective agreement may provide otherwise in the cases referred to in Articles 52, 53, 91, 120, 143, 158 and 175. Article 8
(Employer's General Act)
(1) Before adopting proposals for general acts, with which the employer lays down the organisation of work or the responsibilities the workers must be familiar with in order to fulfil the contractual or other liabilities, he must present them for opinion to the trade union at the employer. The trade union must deliver its opinion within eight days.
(2) If the trade union delivers its opinion within the period laid down in paragraph (1), the employer must discuss it and present its position before adopting any general acts.
(3) If no trade union is organised at the employer, the employer's general act may lay down the rights which, pursuant to this Act, can be regulated in collective agreements, if they are more favourable for the worker than those determined by law and/or collective agreement which bind the employer.
(4) The employer must directly inform the workers of the contents of the proposed general act referred to in paragraph (3) before adopting it.
(5) For the purposes of this Act, the trade union at the employer shall be the representative trade union which appoints or elects the trade union representative pursuant to Article 208 of this Act.
II. EMPLOYMENT CONTRACT
1. GENERAL
Article 9
(Employment Contract)
(1) Employment relationship is entered into by employment contract.
(2) The rights and obligations related to the performance of work in the framework of the employment relationship and the registration to social insurance schemes shall begin to be exercised on the day of commencement of work agreed in the employment contract. In accordance with special regulations, the employer is obliged to register the worker to the obligatory pension, invalidity, health and unemployment insurance and deliver him a photocopy of registration within 15 days from commencing work.
(3) If the date of commencement of work is not determined, the date of signing the employment contract shall be the date of commencement of work.
(4) The rights and obligations related to carrying out work in an employment relationship and the registration to social insurance schemes on the basis of employment relationship shall come into effect on the date of commencement of work, even in case the worker does not begin to work on that date due to justified reasons.
(5) In this Act, justified reasons due to which the worker does not begin to work are cases when the worker is excusably absent from work pursuant to law or collective agreement and cases which the contracting parties can determine in the employment contract.
Article 10
(Employment Contract for an Indefinite Period of Time)
(1) The employment contract shall be concluded for an indefinite period of time unless stipulated otherwise by this Act.
(2) If the duration of employment is not laid down in writing in the employment contract, and/or if the fixed-term employment contract is not concluded in writing upon commencement of work, the employment contract shall be assumed to be concluded for an indefinite period of time.
Article 11
(Application of the General Rules of Civil Law)
(1) In concluding, validity, termination and other matters related to the employment contract, the general rules of civil law shall apply mutatis mutandis unless stipulated otherwise by this Act or other laws.
(2) If the elements of employment relationship pursuant to Article 4 and in relation to Article 20 exist, work may not be carried out on the basis of civil law contracts except in cases laid down by law.
Article 12
(Nullity and Voidability of the Employment Contract)
In determining the consequences of nullity and voidability of an employment contract, the general rules of civil law shall apply mutatis mutandis unless stipulated otherwise by this Act.
Article 13
(Asserting Nullity of the Employment Contract)
(1) The court shall ex officio observe the nullity of an employment contract, which can be referred to by any interested person.
(2) Nullity of an employment contract shall be asserted before the competent labour court.
(3) The right to asserting nullity of an employment contract shall not expire.
Article 14
(Asserting Voidability of the Employment Contract)
(1) Voidability of an employment contract shall be asserted before the competent labour court.
(2) The right to demand annulment of a voidable contract shall expire 30 days after the day the eligible person learnt of the reason for the voidability or after cessation of the duress.
(3) In any case, the right referred to in paragraph (2) shall expire one year after the day of signing the contract.
2. FORM OF THE CONTRACT
Article 15
(Written Form of the Employment Contract)
(1) The employment contract shall be concluded in written form.
(2) The employer must provide the worker with a written proposal for the employment contract three days prior to the envisaged signing of the contract and a written employment contract upon its conclusion.
(3) If the written employment contract was not handed over to the worker, he may demand its delivery by the employer and judicial protection any time during employment relationship.
(4) The existence and validity of an employment contract shall not be affected by the fact that the contracting parties did not conclude the employment contract in written form, or that not all components of the employment contract referred to in Article 29 were laid down in writing.
Article 16
(Assumption of the Existence of Employment Relationship)
In case of dispute on the existence of the employment relationship between the worker and the employer, it shall be assumed that employment relationship exists, if the elements of employment relationship exist.
3. CONTRACTING PARTIES
Article 17
(General)
The employer and the worker shall be the parties to the employment contract.
Article 18
(Employer – the Legal Person)
(1) If the employer is a legal person, local community, subsidiary of a foreign company or other organisation, the employer shall be represented by the representative laid down by law or the founding act or by the person authorised in writing by the representative.
(2) If the employer is a state body, it shall be represented by its superior or by the person authorised by the superior unless stipulated otherwise by law.
(3) When concluding the employment contract with the management, the employer shall be represented by a body laid down by law, the founding act or statute, and in the absence of such body by the owner.
(4) When concluding the employment contract with the management during the period of founding of the employer, the latter shall be represented by the founder.
Article 19
(Capacity to Conclude the Employment Contract)
(1) An employment contract may be concluded by persons who have reached the age of 15.
(2) An employment contract concluded with a person who has not reached the age of 15 is null and void.
Article 20
(Conditions for Concluding the Employment Contract)
(1) A worker who concludes an employment contract must meet the prescribed conditions for carrying out work laid down in the collective agreement or employer's general actor required by the employer, which are published in accordance with Article 23 (1) (hereinafter referred to as “the conditions for carrying out work”).
(2) The employer must lay down the conditions for carrying out job in the general act. Smaller employers shall not be subject to the obligation referred to in the previous sentence.
(3) A disabled person trained to carry out certain work shall be regarded as a person who has the health capacity to conclude an employment contract for such work.
Article 21
(Foreigners)
(1) A foreigner or a person without citizenship may conclude an employment contract, if he fulfils the conditions laid down in this Act and the conditions determined by special act regulating employment of foreigners.
(2) An employment contract concluded contrary to paragraph (1) shall be null and void.
4. FREEDOM OF CONTRACT
Article 22
(General)
Taking account of statutory prohibitions, the employer is free to decide on which applicant, who fulfils the conditions for carrying out work, to conclude the employment contract with.
5. RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES IN CONCLUDING EMPLOYMENT CONTRACTS
Article 23
(Public Advertisement of Vacancies)
(1) The employer who recruits workers has to advertise the vacancies in public. Public advertisement of vacancy must contain the conditions for carrying out work and the deadline for submitting applications, which may not be shorter than eight days.
(2) A public advertisement shall also be published in the public areas of the Employment Service of the Republic of Slovenia (hereinafter referred to as “Employment Service”).
(3) If the employer publishes a vacancy in the mass media, the deadline for submitting applications shall start running on the day of the last advertisement.
(4) The employer employing workers for a definite period of time or part time and recruiting workers for an indefinite period of time or full time, must inform the workers in due time of the vacant positions or of the public advertisement of vacancies on the notice board at the employer's registered office.
Article 24
(Exceptions to the Obligation of Public Advertisement)
(1) An employment contract can exceptionally be concluded without public advertisement in the following cases:
- conclusion of a new employment contract between the worker and the employer due to changed circumstances,
- employer's obligations arising from granting scholarships,
- employment of a disabled person pursuant to the statute regulating employment of disabled people,
- employment for a definite period of time which, due to its nature, does not last more than three months in a calendar year,
- employment for an indefinite period of time of a person who served a traineeship at the employer or who was employed with the employer on the basis of a fixed-term employment contract,
- employment for a definite period of time due to working during the accommodation period on the basis of the final decision and certificate issued by the competent body in the procedure of recognition of qualifications pursuant to a special law,
- full-time employment of a person who was employed part-time with the employer,
- employment of partners in a legal person,
- employment of family members of an employer who is a natural person,
- employment of elected and appointed official and/or other workers bound by the term of office of a body or official in local communities, political parties, trade unions, chambers, associations and their federations,
- managers, procurators,
- other cases stipulated by law.
(2) For the purposes of this Act, family members are:
- a spouse or person who has lived in cohabitation with the employer for the last two years before concluding the employment contract which, pursuant to regulations on matrimony and family relations , is according to law equalized with matrimony,
- children, adopted children and stepchildren,
- parents – father, mother, stepfather and stepmother, adopter, and
- brothers and sisters.
Article 25
(Equal Treatment on the ground of Sex)
(1) The employer may not publicly advertise a vacancy only for men or only for women, unless one of the sexes is the essential condition for carrying out work.
(2) An advertisement of vacancy may not indicate that in recruiting one of the sexes would be given priority by the employer, except in cases referred to in paragraph (1).
Article 26
(Employer’s Rights and Obligations)
(1) The employer may only demand the applicant to submit documents proving the fulfilment of conditions for carrying out work.
(2) In concluding the employment contract, the employer may not demand the applicant to provide information on the family and/or marital status, pregnancy, family planning nor on other information, unless they are directly related to the employment relationship.
(3) The employer may not subject the conclusion of an employment contract to the condition of providing information referred to in paragraph (2), or to additional conditions related to the prohibition of pregnancy or postponement of maternity or signing the notice of termination of contract in advance by the worker.
(4) In concluding the employment contract, the employer may test the knowledge and/or abilities of applicants for carrying out work at the position for which the contract of employment is to be concluded.
(5) In order to establish the applicant’s health capacity for carrying out work, the employer shall at his costs refer the applicant to the preliminary medical examination in accordance with the regulations on safety and health at work.
(6) The test of knowledge and/or abilities of the applicant or examination of his health capacities should not be related to circumstances which are not of direct relevance for work at the position for which the employment contract is to be concluded.
(7) Before concluding an employment contract for a definite or indefinite period of time, the employer must inform the applicant of the work, the working conditions and worker's and employer's rights and obligations related to carrying out work at the position for which the employment contract is to be concluded.
Article 27
(Applicant’s Rights and Obligations)
(1) In concluding the employment contract, the applicantshall submit to the employer the documents proving the fulfilment of conditions for carrying out work and inform the employer of all the facts relevant for the employment relationship he is familiar with, as well as of other circumstances known to him which prevent or substantially limit him in executing the obligations arising from the contract, or which may threaten the life or health of persons he is in contact with in executing the obligations.
(2) The applicant is not obliged to answer questions which are not directly related to the employment relationship.
Article 28
(Rights of the Unselected Applicant)
(1) Within eight days after concluding the employment contract, the employer must notify in writing the applicant who was not selected of the fact that he was not selected.
(2) The employer must return to the applicant who was not selected at his request all the documents submitted as proof of fulfilment of required conditions for carrying out work.
6. CONTENTS OF THE CONTRACT
Article 29
(Contents of the Employment Contract)
(1) The employment contract shall contain:
- data on the contracting parties including their residence or registered office,
- date of commencement of work,
- title of the position or data on the type of work for which the worker is to conclude the employment contract, including a brief description of the work he should carry out pursuant to the employment contract,
- place where the work is to be carried out; if the exact place is not stated, it shall be presumed that the worker is to carry out the work at the employer's registered office,
- duration of employment relationship and the manner of taking annual leave, if a fixed-term employment contract is concluded,
- stipulation stating whether the employment is part or full-time,
- stipulation on normal daily or weekly working time and the organisation of working time,
- stipulation on the amount of the basic wage in Slovenian Tolars the worker shall receive as remuneration for carrying out work in accordance with the employment contract and on eventual other remunerations,
- stipulation on other components of the worker's wage, payment period, payment day and manner of payment of the wage,
- stipulation on the annual leave and/or the manner of determining the annual leave,
- the length of periods of notice,
- collective agreements which bind the employer and/or employer's general acts which stipulate the worker’s conditions of work , and
- other rights and obligations in cases laid down in this Act.
(2) Regarding the issues referred to in indents 7, 9, 10 and 11 of paragraph (1), in the employment contract, the parties may refer to the laws, collective agreements and/or employer's general acts in force.
Article 30
(Invalid Provisions of the Employment Contract)
If a provision of the employment contract is contrary to the general provisions on minimum rights and obligations of contracting parties laid down by law, collective agreement and/or employer's general acts, the provisions of law, collective agreements and/or employer's general acts, which partly lay down the content of employment contract, shall be used as the constituent part of the employment contract.
7. OBLIGATIONS OF CONTRACTING PARTIES
1. Worker’s Obligations
a) Carrying out Work
Article 31
(General)
(1) The worker must carry out work with due diligence at the position for which he has concluded the employment contract and during the working time and at the location set down for carrying out work in accordance with the organisation of work and business operations of the employer.
(2) In cases laid down by law or collective agreement, the worker must also perform other work.
Article 32
(Following the Employer's Instructions)
The worker must follow the demands and instructions of the employer in relation to the fulfilment of contractual and other obligations arising from the employment relationship.
Article 33
(Respecting Regulations on Safety and Health at Work)
The worker must respect and implement the regulations on safety and health at work and work carefully in order to protect his life and health, and health and life of others.
b) Obligation of Informing
Article 34
(Obligation of Informing)
(1) The worker must inform the employer of relevant circumstances which affect or might affect the fulfilment of his contractual obligations.
(2) The worker must inform the employer of any threatening danger to life or health or to the occurrence of material damage he notices at work.
c) Prohibition of Harmful Actions
Article 35
(Prohibition of Harmful Actions)
The worker is obliged to refrain from all actions which in view of the nature of work, which he carries out at the employer, cause material or moral damage or might harm the business interests of the employer.
d) Obligation to Protect Business Secrets
Article 36
(Protection of Business Secrets)
(1) A worker may not exploit for his private use nor disclose to a third person employer's business secrets defined as such by the employer, which were entrusted to the worker or of which he has learnt in any other way.
(2) Data which would obviously cause substantial damage if they were disclosed to an unauthorised person are considered as business secret. The worker is liable for the violation, if he knew or should have known for such nature of data.
e) Prohibition of Competition
Article 37
(Prohibition of Competition – Statutory Prohibition of Competitive Activity)
(1) During the employment relationship, the worker may not for his own account or for a third account carry out work nor conclude business covered by the activity which is actually carried out by the employer and represents or might represent competition to the employer without the employer's written consent.
(2) The employer may demand compensation for the damage caused due to the worker's actions within three months from the day he learnt of the carrying-out of such work or conclusion of such business, and/or within three years after the work was completed or the business was concluded.
Article 38
(Competition Clause – Contractual Prohibition of Competitive Activity)
(1) If in carrying out work or in relation to work the worker gains technical, production or business knowledge and business links, the worker and the employer may lay down in the employment contract the prohibition of competition after the termination of the employment relationship (hereinafter referred to as “competition clause”).
(2) The competition clause can be agreed for a period not longer than two years after the termination of the employment contract and only in cases the worker's employment contract was terminated at his own will or through his fault.
(3) The competition clause has to be laid down with reasonable limitation periods of prohibited competition and may not exclude the possibility of appropriate employment for the worker.
(4) If a competition clause is not laid down in writing, it shall be assumed not to be agreed.
Article 39
(Compensation for Respecting the Competition Clause)
(1) If respecting the competition clause pursuant to paragraph (2) of Article 38 prevents the worker from gaining earnings comparable to his previous wage , the employer must pay him a monthly compensation in money during the whole period of respecting the prohibition.
(2) The compensation in money for respecting the competition clause has to be laid down in the employment contract and shall monthly amount to at least a third of the average worker's wage during the past three months prior to the termination of the employment contract.
(3) If compensation in money for respecting the competition clause is not laid down in the employment contract, the competition clause shall be regarded as invalid.
Article 40
(Termination of the Competition Clause)
(1) The employer and the worker may agree on the termination of the validity of the competition clause.
(2) If the worker terminates the employment contract due to the employer's major violation of its provisions, the competition clause shall cease to have effect, if the worker within one month after the day of termination of the employment contract notifies in writing his former employer that he is not bound by competition clause.
2. Obligations of the Employer
a) Obligation to Provide Work
Article 41
(Providing Work)
(1) The employer must provide the worker with work agreed upon in the employment contract.
(2) Unless agreed otherwise, the employer must provide the worker with all the necessary means and material for work he requires in order to fulfil his obligations uninterruptedly and ensure him access to business premises.
b) Obligation of Remuneration
Article 42
(Obligation of Remuneration)
The employer must ensure the worker appropriate remuneration for his work in accordance with the provisions of Articles 126 to 130, 133 to 135 and 137.
c) Obligation to Provide Safe Working Conditions
Article 43
(Safe Working Conditions)
The employer must provide the conditions for safety and health of workers in accordance with special regulations on safety and health at work.
d) Obligation to Protect the Worker's Personality
Article 44
(General)
The employer must protect and respect the worker's personality and take into account and safeguard the worker's privacy.
Article 45
(Protecting the Worker's Dignity at Work)
(1) The employer shall be obliged to provide such a working environment in which none of the workers is subject to employer's, superior's or co-worker's undesired treatment of sexual nature including undesired physical, verbal or nonverbal treatment or other sexually based behaviour which creates intimidating, hostile or humiliating relationships and environment at work and offends the dignity of men and women at work.
(2) The concerned worker's rejection of the treatment referred to in paragraph (1) may not represent the reason for discrimination in employment and at work.
(3) If in case of dispute the worker states facts which justify the assumption that the employer behaved contrary to paragraphs (1) and (2), it is the employer who has to supply the evidence.
Article 46
(Protection of the Worker's Personal Data)
(1) Personal data of workers can be gathered, processed, used and provided to third persons only if this Act or other laws stipulate, and if it is necessary in order to exercise the rights and obligations arising from employment relationship or related to employment relationship.
(2) Personal data of workers can only be gathered, processed, used and provided to third persons by the employer or the worker who is specially authorised to do so by the employer.
(3) If the legal basis for gathering personal data of workers does not exist any more, they shall be deleted immediately and no more used.
(4) The provisions of the first three paragraphs shall also apply to personal data of applicants.
8. CHANGE OR CONCLUSION OF A NEW EMPLOYMENT CONTRACT DUE TO CHANGED CIRCUMSTANCES
Article 47
(General)
(1) A change of employment contract or conclusion of a new employment contract can be proposed by any contracting party.
(2) A new employment contract shall be concluded if the conditions referred to in the third, fifth and sixth indent of Article 29 (1) change and in cases referred to in Article 90.
(3) A contract shall be changed and/or a new contract shall be valid if the other party agrees.
Article 48
(Change of Contract in Cases of Termination of Employment by the Employer)
If the employer terminates the employment contract on the grounds referred to in Article 88 (1) and the worker can continue working under changed conditions or at another workplace, a new employment contract shall be concluded in accordance with the provisions of Article 90.
Article 49
(Effect of a Changed Law, Collective Agreement or
General Act on the Change of the Employment Contract)
Regardless of the change of law, collective agreement or employer’s general act, the worker shall retain all the rights, which are laid down in a more favourable way in the employment contract.
Article 50
(Form of Change of Contract)
The provision of Article 15 shall also apply in case of a change of the employment contract or conclusion of a new employment contract.
9. SUSPENSION OF CONTRACT
Article 51
(Suspension of the Employment Contract)
(1) In cases when the worker temporarily stops to work in order to serve a prison sentence or due to an imposed educational, safety or protective measure which prevents him from working for six months or less, due to conscription or substitute civil serving of conscription and/or training for performing tasks in the reserve police component, due to detention and in other cases laid down by law, the employment contract shall not cease to have effect and the employer may not terminate it, unless the grounds for an extraordinary termination are given, or if the procedure for termination of the employer was initiated (suspension of the employment contract).
(2) During suspension of the employment contract, contractual and other rights and obligations arising from employment relationship which are directly related to work shall be suspended.
(3) The worker shall have the right and obligation to return to work at the latest within five days after the grounds for suspension of the contract ceased. On that day, the suspension of the contract shall end. If the worker does not return to work within the prescribed period of time, without a justified reason, and he has received an extraordinary notice in accordance with the fifth indent of Article 111, the suspension of the contract shall last until the extraordinary notice starts to have effect.
10. SPECIAL FEATURES OF EMPLOYMENT CONTRACT
1. Fixed-term Employment Contract
Article 52
(Fixed-term Employment Contract )
(1) A fixed-term employment contract can be concluded in cases of:
- work which by its nature is of limited duration,
- replacing a temporarily absent worker,
- temporarily increased volume of work,
- employment of a foreigner or person without citizenship who was granted work permit for a definite period, except in case of a personal work permit,
- managerial staff,
- seasonal work,
- a worker who concludes a fixed-term employment contract for the reason of preparation for work, vocational training or advanced study for work and/or education,
- employment for a definite period of time due to working during the accommodation period on the basis of the final decision and certificate issued by the competent body in the procedure of recognition of qualifications pursuant to a special law,
- performance of public works and/or inclusion in the measures of active employment policy pursuant to law,
- preparation or realization of work organised as a project,
- work required during the period of introduction of new programs, new technology and other technical and technological improvements of the working process or for training workers,
- elected and appointed officials and/or other workers related to the term of office of a body or official in local communities, political parties, trade unions, chambers, associations and their federations,
- other cases laid down by law and/or branch collective agreement .
(2) The branch collective agreement may stipulate that a smaller employer can conclude fixed-term employment contracts for a definite period regardless of the restrictions referred to in paragraph (1).
Article 53
(Limitation for Concluding Fixed-term Employment Contracts )
(1) An employment contract shall be concluded for a definite period of time which is required for the realization of work referred to in Article 52 (1).
(2) The employer may not conclude one or more successive fixed-term employment contracts with the same worker and for the same job, the uninterrupted period of which would last longer than two years, except in cases laid down by law and in cases referred to in the second, fourth, fifth and twelfth indent of Article 52 (1).
(3) Regardless of paragraph (2) above, the branch collective agreement may stipulate otherwise in cases referred to in the tenth indent of Article 52 (1).
(4) An interruption of three months or less does not represent an interruption of the uninterrupted two-year period laid down in paragraph (2) above.
Article 54
(Consequences of an Illegally Concluded Fixed-term Employment Contract )
If a fixed-term employment contract is concluded contrary to law or collective agreement, or if the worker continues to work even after the period for which he had concluded the employment contract expired, it shall be assumed that the worker had concluded an employment contract for an indefinite period of time.
Article 55
(Obligations of Contracting Parties)
During the period of employment for a definite period of time, the contracting parties shall have the same rights and obligations as in the case of employment for an indefinite period of time unless stipulated otherwise by this Act.
Article 56
(Calculation of Working Time)
(1) If a worker carries out seasonal work and/or works under uneven distribution of working time on the basis of the fixed-term employment contract without interruptions for at least three months in a year and accumulates more working hours than it is laid down for full-time work, the working hours shall be on his request calculated into working days with full working hours.
(2) Working days calculated according to paragraph (1) shall be included in the worker's years of service as if he had spent them at work. In such calculation, the total period of service in a calendar year may not exceed 12 months.
2. Employment Contract between the Worker and the Employer who Carries Out the Activity of Providing Workers to Another User
Article 57
(General)
(1) The employer who, in accordance with the regulations on employment and unemployment insurance on the basis of a concession contract, can engage in the activity of providing workers to another employer (hereinafter referred to as “the user”) shall conclude an employment contract with such workers.
(2) The employer referred to in paragraph (1) may not refer workers to a workplace with another user:
- in cases when this would represent replacement of workers employed with the user who are on strike,
- in cases when the user has during the period of the past 12 months terminated employment contracts to a large number of workers employed with him,
- in cases of workplaces for which the user’s risk assessment shows that workers working there are exposed to dangers and risks due to which measures are provided for reducing and/or limiting the time of exposure, and
- in other cases which can be laid down by branch collective agreement.
(3) Before concluding the agreement referred to in Article 61, the user must inform the employer of the existence of the circumstances listed in the first and the second indent of paragraph (2) above.
Article 58
(Employment for a Definite or Indefinite Period of Time)
(1) An employment contract referred to in Article 57 shall be concluded for a definite or indefinite period of time.
(2) Premature cessation of the user's need for work performed by the worker shall in individual cases not represent a reason for terminating an employment contract.
Article 59
(Time Limit of Performing Work with the User)
The employer may not provide workers to the user continuously or with interruptions of up to one month for more than one year in case of performing the same work by the same worker.
Article 60
(Special Features of the Employment Contract)
(1) In the employment contract, the worker and the employer shall agree that the worker shall perform the work with other users, at the location and in the period stipulated by the worker's referral to work with the user.
(2) In the employment contract, the employer and the worker shall stipulate that the level of the wage and of the compensation shall depend on the actually performed work with users, taking into account the collective agreements and general acts that bind individual users.
(3) In the employment contract, the employer and the worker shall also agree about the level of the wage compensation for the period of a premature cessation of work with the user, and/or for the period in which the employer fails to assure work with the user. The wage compensation may not be lower than 70 % of the minimum wage.
Article 61
(Agreement Between the User and the Employer, Referral of the Worker)
(1) Before the worker starts working, the user must inform the employer about all conditions which have to be fulfilled by the worker for the provision of work, and shall submit to the employer the assessment of risk of injuries and health damages.
(2) Before the worker starts working with the user, the employer and the user shall conclude an agreement in writing in which they shall in greater detail define mutual rights and obligations as well as the rights and obligations of the worker and of the user.
(3) In accordance with the agreement between the employer and the user, when referred to work with the user, the worker must be informed in writing about the conditions of work with the user as well as about the rights and obligations which are directly related to the provision of work.
Article 62
(Rights, Obligations and Responsibilities of the User and of the Worker)
(1) The worker must carry out the work pursuant to the user's instructions.
(2) In the period of the worker's work with the user, the user and the worker must take into account the provisions of this Act, of collective agreements obligating the user, and/or of the user's general acts, with regard to those rights and obligations which are directly related to the performance of work.
(3) If the user violates the obligations pursuant to the previous paragraph, the worker shall be entitled to refuse to carry out the work.
(4) If the worker violates the obligations pursuant to Paragraph 1 of this Article, these violations shall be a possible reason for the establishment of the disciplinary responsibility or for the termination of the employment contract with the employer.
(5) The worker shall take the annual leave in accordance with the agreement between the employer and the user.
3. Employment Contract for the Provision of Public Works
Article 63
(Provision of Public Works)
(1) An unemployed person who is included in public works shall conclude an employment contract with the employer - the provider of public works.
(2) The employment contract shall be concluded taking into account the particularities stipulated by the law regulating employment and unemployment insurance.
4. Part-time Employment Contract
Article 64
(Part-time Employment)
(1) An employment contract may also be concluded for working time that is shorter than full working hours.
(2) Part-time shall be deemed to be the working time shorter than the full working hours in force with the employer.
(3) The worker who concluded a part-time employment contract shall have the same contractual and other rights and obligations arising from employment relationship as the worker who works full time, and shall exercise these rights and obligations proportionally to the time for which the employment relationship was concluded, with the exception of those for which it is otherwise stipulated by law.
(4) The worker shall be entitled to the annual leave in the minimum duration pursuant to Article 159 of this Act.
(5) The worker shall be entitled to participate in management in accordance with the special law.
(6) Unless otherwise stipulated in the employment contract, the employer may not impose on the part-time worker the work exceeding the agreed working hours, except in the cases referred to in Article 144 of this Act.
Article 65
(Conclusion of a Part-time Employment Contract with Several Employers)
(1) The worker may conclude a part-time employment contract with several employers and thus achieve the full working hours stipulated by law.
(2) The worker must make an agreement with employers on the working time, on the way of taking annual leave and on other absences from work.
(3) Employers employing the part-time worker shall be obliged to assure the worker the simultaneous taking of annual leave and other absences from work, unless this would cause damage to them.
(4) Obligations of the employer and of the worker referred to in Paragraph 2 of this Article shall be an element of the part-time employment contract.
Article 66
(Part-time in Special Cases)
(1) A worker working part-time pursuant to the regulations on pension and invalidity insurance, the regulations on health insurance or the regulations on parental leave, shall have the same rights arising from social insurance as if working full-time.
(2) The part-time worker referred to in the previous paragraph shall be entitled to remuneration according to the actual working obligation and shall have the same rights and obligations arising from employment relationship as the full-time worker, unless otherwise stipulated by this Act.
5. Employment Contract on Home Work
Article 67
(General)
(1) Home work shall be deemed to be the work carried out by the worker at his home or on the premises, which are outside the employer's premises, selected by the worker's own choice.
(2) In the employment contract, the employer and the worker may agree that at home the worker shall carry out the work which falls within the employer's activity or which is necessary for the performance of the employer's activity.
(3) Before the worker starts working, the employer must inform the labour inspection about the intended organization of home work.
Article 68
(Rights, Obligations and Conditions)
Rights, obligations and conditions which depend on the nature of home work shall be regulated by the employment contract between the employer and the worker.
Article 69
(Employer's Obligations)
(1) The worker shall be entitled to the reimbursement for his own resources used in home work. The level of the reimbursement shall be stipulated by the employment contract between the worker and the employer.
(2) The employer must assure safe working conditions for home work.
Article 70
(Prohibition of Home Work)
The labour inspector shall prohibit the organization or performance of home work if the home work is harmful and/or if the danger exists for it to become harmful to the workers working at home or to the living or working environment in which the work is carried out. The prohibition shall also apply in the cases of works which pursuant to Article 71 of this Act may not be carried out in the form of home work.
Article 71
(Works That Cannot Not Be Carried Out at Home)
The law or any other regulation may determine the works which may not be carried out at home.
6. Employment Contract With Managerial Staff
Article 72
(General)
In the case of concluding the employment contract with managerial staff, the parties to the employment contract may differently regulate the rights, obligations and responsibilities arising from employment relationship related to:
- conditions and limitations of fixed-term employment contract,
- working time,
- assurance of breaks and rests,
- remuneration for work,
- disciplinary responsibility,
- termination of the employment contract.
11. CHANGE OF EMPLOYER
Article 73
(Change of Employer)
(1) If due to the legal transfer of the undertaking or a part of the undertaking, executed on the basis of a law, any other regulation, legal transaction, final court decision, merger or division, the employer is changed, the contractual and other rights and obligations arising from employment relationship which on the day of the transfer the workers had with the transferor shall be transferred to the transferee.
(2) The rights and obligations under the collective agreement which bound the transferor shall in the case referred to in the preliminary paragraph be assured by the transferee to workers for at least one year, unless the collective agreement terminates prior to the expiration of one year or unless prior to the expiration of one year a new collective agreement is concluded.
(3) If with the transferee the rights under the employment contract deteriorate for objective reasons and the worker therefore terminates the employment contract, the worker shall have the same rights as if the employment contract was terminated by the employer for business reasons. When stipulating the period of notice and the right to severance pay, the worker's period of service with both employers shall be taken into account.
(4) The transferor and the transferee shall be jointly liable for damages related to the claims of workers which occurred prior the date of the transfer as well as to the claims which occurred due to the termination of the employment contract referred to in the previous paragraph.
(5) If the worker refuses the transfer and the actual carrying out of work with the transferee, the transferor may extraordinarily terminate his employment contract.
(6) If the transferor on the basis of a legal transaction provisionally transfers the undertaking to the transferee, after the termination of the validity of this legal transaction, the contractual and other rights and obligations arising from employment relationship of workers shall again be transferred to the transferor or to the new transferee.
Article 74
(Trade Union Information and Consultation)
(1) The transferor and the transferee must at least 30 days prior to the transfer inform the trade unions at the employer about the following:
- the date or the suggested date of transfer,
- the reasons for the transfer,
- the legal, economic and social implications of the transfer for workers, and
- the measures envisaged in relation to workers.
(2) The transferor and the transferee must, with the intention of achieving the agreement, at least 15 days prior to the transfer consult with the trade unions under the previous paragraph about the legal, economic and social implications of the transfer and about the envisaged measures for workers.
(3) If there is no trade union at the employer, the workers concerned by the transfer must be within the deadline directly informed about the circumstances of the transfer, in accordance with Paragraph 1 of this Article.
12. TERMINATION OF EMPLOYMENT CONTRACT
Article 75
(Termination Modes)
The employment contract shall be terminated:
- upon the expiration of the period for which it was concluded,
- upon the death of the worker or the employer-natural person,
- with a consensual cancellation,
- with an ordinary or extraordinary termination,
- by a court judgement,
- by law, in the cases stipulated by this Act,
- in other cases stipulated by law.
Article 76
(Return of Documents and Issue of Certificate)
(1) Upon the termination of the employment contract, the employer must, on the worker's request, return to the worker all his documents and also issue to the worker a certificate on the type of work he had been carrying out.
(2) In the certificate nothing shall be stated by the employer that would aggravate the worker to conclude a new employment contract.
1. Termination of the Fixed-term Employment Contract
Article 77
(General)
(1) The fixed-term employment contract shall end without notice upon the expiry of the time for which it was concluded or upon the completion of the agreed work or upon the t cessation of the reason for which the contract was concluded.
(2) The fixed-term employment contract may terminate, if prior to the expiration of the period referred to in the previous paragraph it is so agreed by the contractual parties or if other reasons occur for the termination of the employment contract pursuant to the provisions of this Act.
2. Termination of Employment Contract Due to the Death of a Worker or Employer-Natural Person
Article 78
(General)
(1) The employment contract shall terminate upon the death of the worker.
(2) The employment contract shall terminate upon the death of the employer-natural person, except in the cases where the decedent's activity is uninterruptedly continued by his successor.
3. Consensual Cancellation
Article 79
(General)
(1) The employment contract may be cancelled any time by the parties with a written agreement which shall include the provision about the consequences for the worker due to the consensual cancellation in exercising the rights arising from the unemployment insurance.
(2) An agreement which is not concluded in writing shall be considered invalid.
4. Termination of Employment Contract
A) General
Article 80
(General)
(1) Contractual parties may terminate the employment contract with a period of notice - ordinary termination.
(2) In the cases stipulated by law, the contractual parties may terminate the employment without a period of notice - extraordinary termination.
(3) Every party may only terminate the employment contract in its entirety.
Article 81
(Admissibility of Termination)
(1) The worker may ordinarily terminate the employment contract without explanation.
(2) The employer may ordinarily terminate the employment contract if there is a substantiated reason for ordinary termination.
(3) The worker and the employer may extraordinarily terminate the employment contract in the cases and/or for the reasons stipulated by law.
(4) The ordinary or extraordinary termination of the employment contract for the reasons under Article 6 of this Act shall be invalid.
(5) The ordinary or extraordinary termination of the employment contract by the worker submitted due to a threat or fraud on the side of employer or due to a mistake by the worker shall be invalid.
Article 82
(Burden of Proof)
(1) If the employment contract is ordinarily terminated by the employer, the burden of proving the existence of the substantiated reason for the termination shall rest on the employer.
(2) The burden of proving the existence of the substantiated reason justifying the extraordinary termination shall rest on the party who is extraordinarily terminating the employment contract.
Article 83
(Procedure Prior the Termination by the Employer)
(1) Prior to the ordinary termination of the employment contract for a fault reason, the employer must in writing call the worker's attention to the fulfilment of obligations and to the possibility of termination in the case of repeating the violation.
(2) Prior to the ordinary termination for the reason of incapacity or for a fault reason and prior to the extraordinary termination of the employment contract, the employer must provide the worker an opportunity to defend himself, by mutatis mutandis taking into account Paragraphs 1 and 2 of Article 177 of this Act, unless the circumstances exist due to which it would be unjustified to expect from the employer to provide the worker an opportunity of the defence, or if the worker explicitly rejects it or if he without a justified reason does not respond to the invitation to defence.
(3) The employer must inform the worker about the intended ordinary termination for the business reason in writing.
Article 84
(Trade Union's Role)
(1) If thus requested by the worker, the employer must inform in writing the trade union, whose member the worker is at the time of the introduction of the procedure, about the intended ordinary or extraordinary termination of the employment contract.
(2) The trade union referred to in the previous paragraph may give its opinion within eight days. If it does not give its opinion within eight days, it shall be deemed that it does not oppose the termination.
(3) The trade union referred to in Paragraph 1 of this Article may oppose the termination if it considers that there are no substantiated reasons or that the procedure was not implemented in accordance with this Act. Its opposing shall be explained in writing.
Article 85
(Opposing the Termination)
(1) If the trade union referred to in the previous Article opposes the ordinary termination for the reason of incapacity or for a fault reason, or if it opposes the extraordinary termination of the employment contract, and if the worker requests from the employer the suspension of the effect of the termination of the employment contract due to the given notice, the termination of the contract shall not be effective until the expiration of the term for arbitration and/or judicial protection.
(2) If the worker and the employer reach the agreement to settle the dispute by arbitration, the suspension of the effect of the termination of the employment contract due to the given notice shall be prolonged until the executable arbitrary award is reached.
(3) If, in the judicial proceedings, the worker enforces the illegality of the termination of the employment contract in the cases referred to in Paragraph 1 of this Article and if, at the latest upon filing the complaint, the worker proposes to the court to issue a temporary injunction, the suspension of the effect of the termination of the employment contract due to the given notice shall be prolonged until the decision of the court about the proposal for the issue of a temporary injunction is reached.
(4) In the period of the suspension of the effect of the termination of the employment contract due to the given notice until the executable arbitrary award and/or until the court decision about the proposal for the issue of a temporary injunction, the employer may prohibit the worker to carry out the work, but shall in this period assure him the wage compensation amounting to half of the average worker's wage received in the last three months before the termination.
Article 86
(Form and Contents of the Notice of Termination)
(1) Ordinary and extraordinary termination of the employment contract shall be in writing.
(2) The employer must state the reason for termination, explain it in writing as well as call the worker's attention to legal remedies and his rights arising from the unemployment insurance.
Article 87
(Serving the Notice of Termination)
(1) The ordinary or extraordinary termination of the employment contract shall be served on the contractual party whose employment contract is being terminated.
(2) The ordinary or extraordinary termination of the employment contract shall be served on the worker by the employer in person, as a rule on the employer's premises or on the address from which the worker daily comes to work.
(3) The ordinary or extraordinary termination of the employment contract shall be served on the worker by the employer pursuant to the rules on civil procedure, unless the worker has no permanent or temporary residence in the Republic of Slovenia. In such case the termination of the employment contract shall be made public on the notice board in the employer's registered office. After the expiration of eight days, the service shall be deemed to be implemented.
(4) The ordinary or extraordinary termination of the employment contract shall be served on the employer by the worker pursuant to the rules of civil procedure.
B) Ordinary Termination
a. Reasons for Termination
Article 88
(Reasons for Ordinary Termination)
(1) The reasons for an ordinary termination of the employment contract to the worker by the employer are as follows:
- cessation of the needs to carry out certain work, under the conditions pursuant to the employment contract, due to economic, organisational, technological, structural or similar reasons on the employer's side (hereinafter “the business reason”), or
- non-achievement of expected work results because the worker failed to carry out the work in due time, professionally and with due quality, or non-fulfilment of conditions for carrying out work stipulated by laws and executive regulations issued on the basis of law due to which the worker fails to fulfil or cannot fulfil the contractual, or other obligations arising from the employment relationship (hereinafter “the reason of incapacity”),
- violation of the contractual obligation or any other obligation arising from the employment relationship (hereinafter “the fault reason”).
(2) The employer may terminate the worker's employment contract only if the reasons referred to in the previous paragraph are serious and substantiated and make impossible the continuation of the employment relationship between the worker and the employer.
(3) In the case of terminating the employment contract for the reason of incapacity or for the business reason, the employer must check whether it is possible to employ the worker under changed conditions or to transfer him to another post, and/or whether it is possible to additionally train the worker for the work he carries out or to retrain the worker. If such possibility exists, the employer must offer the worker to conclude a new contract. If the worker refuses the employer's offer to conclude a new employment contract for appropriate work and for an indefinite period of time and his employment relationship terminates, he shall have no right to the severance pay pursuant to Article 109 of this Act.
(4) The employer must act in accordance with the previous paragraph only in the case the duration of the employment contract, which is being terminated, exceeds six month. Smaller employers shall not be subject to the obligation referred to in the previous paragraph.
(5) The employer must give notice of termination no later than within 30 days as from getting acquainted with the reasons for ordinary termination and no later than within six months as from the occurrence of the reason. In the case of a fault reason on the side of the worker, which has all characteristics of a criminal offence, the employer may terminate the employment contract within 30 days as from having found out about the violation of the contractual or any other obligation arising from the employment relationship and regarding the offender for the entire periodin which he is subject to criminal prosecution.
(6) In the case of termination due to the fault reason on the side of the worker, which has all characteristics of a criminal offence, the employer may prohibit the worker to carry out work for the period of duration of the proceedings. In the period in which the worker is prohibited to carry out the work, he shall be entitled to the wage compensation amounting to half of his average wage received in the last three months prior to the introduction of the termination procedure.
Article 89
(Unfounded Reasons for Termination)
The following shall be deemed as unfounded reasons for ordinary termination of an employment contract:
- temporary absence from work due to the inability for work because of a disease or injury or due to the care for family members pursuant to regulations on health insurance, or absence from work due to the parental leave pursuant to regulations on parenthood;
- bringing an action or participation in the proceedings against the employer due to the allegation of having violated the contractual and other obligations arising from employment before the arbitration, court or administrative authorities;
- trade union membership;
- participation in trade union activities outside the working time;
- participation in trade union activities during the working time in agreement with the employer;
- participation in a strike organised in accordance with the law and strike rules;
- candidacy for the function of a worker's representative and the current or past performance of this function;
- race, colour of the skin, sex, age, disability, marital status, family obligations, pregnancy, religious and political conviction, national or social origin.
Article 90
(Notice of Termination by Offering a New Contract)
(1) When the employer terminates the employment contract and simultaneously offers the worker to conclude a new employment contract in accordance with Paragraph 3 of Article 88 of this Act, the provisions of this Act relating to the ordinary termination of the employment contract shall be applied.
(2) The worker must express his views about the conclusion of the new employment contract within 30 days as of the receipt of the written offer.
(3) If the worker in the cases referred to in the previous paragraph accepts the offer by the employer for the appropriate employment for an indefinite period of time, he shall not be entitled to claim the severance pay, but shall retain the right to challenge in court that the reasons for termination are not substantiated. The appropriate employment shall be deemed to be the one for which the type and the level of education are requested which are the same as for the performance of work at the previous post for which the worker's employment contract was concluded.
(4) In the case of unsuitability of the new employment pursuant to the previous paragraph, the worker shall be entitled to a proportionate share of severance pay in the amount agreed with the employer.
b. Periods of Notice
Article 91
(Periods of Notice)
The worker and the employer may terminate the employment contract within a legally or contractually stipulated notice period which shall be determined by both contractual parties, taking into account the minimum duration of the period of notice stipulated by this Act, unless otherwise stipulated for smaller employers by a branch collective agreement.
Article 92
(Minimum Periods of Notice)
(1) If the employment contract is terminated by the worker, the period of notice shall be 30 days. The employment contract or the collective agreement may provide for a longer period of notice, but it may not exceed 150 days.
(2) If the employment contract is terminated by the employer due to business reasons, the minimum period of notice shall be:
- 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,
- 75 days if the worker's period of service with the employer is at least 15 years,
- 150 days if the worker's period of service with the employer is at least 25 years.
(3) If the employment contract is terminated by the employer due to reasons of incapacity, the minimum period of notice shall be:
- 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.
(4) If the employment contract is terminated by the employer due to fault reasons on the side of the worker, the minimum period of notice shall be 30 days.
(5) The period of service shall also include the period of service with the employer's legal predecessors.
Article 93
(Running of the Period of Notice)
The period of notice shall start running on the day following the service of the notice of termination.
Article 94
(Compensation Instead of the Period of Notice)
(1) The employer and the worker may agree about a compensation instead of the period of notice.
(2) The agreement under the previous paragraph shall be in writing.
Article 95
(Rights and Obligations of Parties During the Period of Notice)
If the employment contract is terminated by the employer, the worker shall be entitled to the absence from work during the period of notice due t | 
