ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Site map | Contact us franšais | español
> GOVERNANCE - home > Employment protection legislation database - EPLex > Slovenia

Slovenia - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Slovenia - 2012    

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Up to 18 monthly wages.

Remarks:
  • Based on average monthly wages in the last three months before termination: Art. 118 ERA (as amended in 2007).

Reinstatement available: Yes

Remarks:
  • Art. 118 ERA: As a consequence of the court's decision finding the dismissal illegal, the worker is restored to his position unless he does not wish to continue the employment relationship and/or the court considers that continuation would no longer be possible.

Preliminary mandatory conciliation: Yes

Remarks:
  • Article 26 (2) of the Labour and Social Courts Act, stipulates that there is a pre-trial phase in which the President of the Judicial Senate works toward mediation/conciliation. If this fails, proceedings move to the adjudicatory phase.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 204 ERA

Existing arbitration: Yes

Remarks:
  • Art. 205 ERA: A collective agreement may provide for the settlement of individual labour disputes by arbitration.
    See also art. 228 ERA: Mediation by the labour inspector.