Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Slovenia - 2012
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- The Employment Relationship Act [ERA], 2002, No 42/02 as amended in 2007 by the Act No 103/07
Date: 13 Nov 2007; view website »
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.
- Based on average monthly wages in the last three months before termination: Art. 118 ERA (as amended in 2007).
Reinstatement available: Yes
- 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
- 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
Existing arbitration: Yes
- 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.