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Slovenia - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Slovenia - 2012    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 86 (2) ERA: the notice of termination shall state the reason for termination and explain it in writing.
    Art. 88 (2) ERA: Reasons behind ordinary termination must be serious and substantiated.


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Art. 88 (1) ERA : list of reasons for ordinary termination.

    NB: The ERA distinguishes between "ordinary" and "extra-ordinary" termination.
    Ordinary termination shall be justified by one of the listed reasons related to the worker's conduct, capacity and economic reasons.
    Extra-ordination termination is in allowed in exceptional cases of severe violations of the employee's obligations exhaustively listed in art. 110 ERA (i.e criminal offence, gross negligence, absence due to imprisonment). No notice period is required in such cases. Specific rules relating to extra-ordinary dismissals are contained in art. 110-11 ERA and will not be further developed here.


Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; sexual orientation; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; financial status; parental leave; participation in a lawful strike; state of health; ethnic origin
Remarks:
  • Art. 89 ERA lists unfounded reasons for termination.
    See also art. 81 ERA together with art. 6 ERA that list prohibited grounds for discrimination.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; confirmed injured workers; older workers/workers on the verge of retirement; workers with disabilities; workers on temporary leave following an occupational disease or a work injury
Remarks:
  • * Worker's representatives and trade union representatives: No dismissal without the prior consent of the body whose member they are (art. 113 ERA).
    * Older workers (over 55 years old): No dismissal for economic reasons without the consent of the worker until he fulfills the minimum conditions for acquiring the right to an old-age pension (art. 114 ERA). The 2007 amendment foresees the possibility for the employer to offer a new adequate employment in line with art. 88 of the ERA.

    * Workers with family responsibilities and pregnant women:
    Prohibition of dismissal during pregnancy, period of breastfeeding and parental leave (art. 115 ERA).

    * Workers with disabilities and workers absent due to illness or injury: art. 116 (1) and (2) ERA)