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Slovenia - Procedural requirements for individual dismissals


Procedural requirements for individual dismissals - Slovenia - 2012    

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Notification to the worker to be dismissed: written

Remarks:
  • Art. 86 (1) ERA

Notice period:
Remarks:
  • Art. 92 ERA (as amended in 2007) establishes statutory minimum notice periods that vary according to the reason for dismissal and the length of service as follows:

    If the contract is terminated by the employer, then the notice periods are
    - 30 days if the length of service is less than 5 years;
    - 45 days if the length of service is at least 5 years;
    - 60 days if the length of service is at least 15 years;
    - 120 days if the length of service is at least 25 years.

    If the employer terminates the contract due to the worker's conduct (other than that entailing summary dismissal), then the notice period is one month.

    [Note that prior to the 2007 amendment, the LC distinguished between dismissals for economic reasons and dismissal for reasons of incapacity and provided for higher notice periods for economic dismissals, as follows:
    - Less than 5 years of service: 30 days (business reasons) / 30 days (incapacity).
    - At least 5 years of service: 45 days (business reasons) / 45 days (incapacity).
    - At least 15 years of service: 75 days (business reasons) / 60 days (incapacity).
    - At least 25 years of service: 150 days (business reasons) / 120 days (incapacity).]
    • tenure ≥ 6 months
      • dismissal not based on conduct - 30 day(s).
      • dismissal based on conduct (excl. serious wrongdoings) - 1 month(s).
    • tenure ≥ 9 months
      • dismissal not based on conduct - 30 day(s).
      • dismissal based on conduct (excl. serious wrongdoings) - 1 month(s).
    • tenure ≥ 2 years
      • dismissal not based on conduct - 30 day(s).
      • dismissal based on conduct (excl. serious wrongdoings) - 1 month(s).
    • tenure ≥ 4 years
      • dismissal not based on conduct - 30 day(s).
      • dismissal based on conduct (excl. serious wrongdoings) - 1 month(s).
    • tenure ≥ 5 years
      • dismissal not based on conduct - 45 day(s).
      • dismissal based on conduct (excl. serious wrongdoings) - 1 month(s).
    • tenure ≥ 10 years
      • dismissal not based on conduct - 45 day(s).
      • dismissal based on conduct (excl. serious wrongdoings) - 1 month(s).
    • tenure ≥ 20 years
      • dismissal not based on conduct - 60 day(s).
      • dismissal based on conduct (excl. serious wrongdoings) - 1 month(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 94 ERA

    Notification to the public administration: No

    Notification to workers' representatives: No

    Remarks:
    • However, in both cases of ordinary and summary dismissal of a trade union member, if so requested by the worker, the employer is required to notify the said union: art. 84 ERA.
      The trade union can oppose termination according to the modalities laid down in art. 85 ERA.

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Remarks:
    • As a general rule. approval by worker's representatives is not required.

      However, when dismissal concerns a trade union member, the trade union may oppose termination for absence of substantiated reason or violation of procedural requirements. As a result of such opposition, the effects of dismissals are suspended until the court or an arbitrator has ruled on the matter (art. 85 ERA).
      Furthermore, worker's and trade union representatives enjoy special protection and cannot be dismissed without prior consent of the body they represent. (art. 113 ERA).