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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. 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. This Act also regulates the employment relationships of mobile workers, where in respect of working hours, night work, breaks and rest periods this is not otherwise provided by a special act. This Act shall apply to employment relationships between employers established or residing in the Republic of Slovenia and the workers employed with them. 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. 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. 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.
Each of the contracting parties in an employment relationship shall exercise the agreed and prescribed rights and obligations. 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. 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. A smaller employer is an employer employing ten or less workers. Employers must ensure equal treatment in respect of personal circumstances referred to in the preceding paragraph for candidates and workers especially in gaining employment, promotion, training, education, retraining, pay and other receipts from the employment relationship, working hours and cancellation of employment contracts.
Direct and indirect discrimination based on any personal circumstance referred to in the first paragraph of this article are prohibited. Direct discrimination exists where owing to a certain personal circumstance a person has been, is or could be treated less favourably than another person in identical or similar situations. Less favourable treatment of workers in connection with pregnancy or parental leave is also deemed to be discrimination. Differing treatment based on any personal circumstance referred to in the first paragraph of this article shall not constitute discrimination if, owing to the nature of the work or circumstances in which the work is performed, a certain personal circumstance might represent a significant and decisive condition in respect of the work and such a requirement is in proportion to and justified by the legitimate objective.
If in the event of a dispute a candidate or worker cites facts giving grounds for the suspicion that the prohibition of discrimination has been violated, the employer must demonstrate that in the case in question the principle of equal treatment and the prohibition of discrimination have not been violated. In the event of a violation of the prohibition of discrimination, the employer shall be liable to provide compensation to the candidate or worker under the general rules of civil law. Discriminated persons and persons who help the victims of discrimination may not be exposed to unfavourable consequences owing to actions aimed at fulfilling the prohibition of discrimination. Sexual and other harassment is prohibited. Sexual harassment is any form of undesired verbal, non-verbal or physical action or behaviour of a sexual nature with the effect or intent of adversely affecting the dignity of a person, especially where this involves the creation of an intimidating, hateful, degrading, shaming or insulting environment.
Sexual and other harassment referred to in the preceding paragraph shall be deemed to be discrimination pursuant to the provisions of this Act. Rejection of action and behaviour referred to in the first paragraph of this article on the part of an affected candidate or worker may not serve as grounds for discrimination in employment and work. Bullying at the workplace is prohibited. Bullying at the workplace is any repetitive or systematic, reprehensible or clearly negative and insulting action or behaviour aimed at individual workers in the workplace or in connection with work. 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. Articles 52, 53, 91, 120, 143, 158 and 175.
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. 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. Employment relationship is entered into by employment contract. 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.