practice area articles


January 26, 2021

By Martin Safar

Back to International Employment Law




Recent case law in relation to the payment of Wage Compensation

In a recent judgment regarding the payment of wage compensation, the Supreme Court held that employees are only entitled to wage compensation if they are absent from work for one of the reasons stipulated in the legislation, and not if there is an unjustified absence from work and the employee has not provided a reason for it.

Another important judgment issued by the Supreme Court in relation to annual leave provides that employees may have the right to be compensated for untaken annual leave, even though Article 164 of the Employment Relationships Act stipulates that compensation for unused annual leave will only be valid if concluded at the time of termination of the employment relationship.

In another case, the Supreme Court has also held that overtime pay is the sum of 'regular' pay and additional pay, with the latter being calculated on the basis of basic salary only.


Justified absence to accompany a child on their first day of school

An amendment to the Employment Relationships Act has recently been passed, which gives employees the right to paid absence from work, in order to accompany their child (provided that the child is under the age of 12) on the child's first day of school.




Key case law developments regarding wage compensation

The Court of second instance issued a judgment in 2018, where it held that an employee is entitled to be paid, even if the employee is absent from work and did not inform the employer of the reasons for his/her absence. This decision departed from previous case law. The Supreme Court will decide whether an employer is obligated to pay the salary in such case and this decision will probably be made in 2019.


Key case law developments regarding protection of worker representatives

Another important judgment was issued by the Supreme Court in September of 2018 regarding special protection of worker representatives. The judgment states that the worker representatives are not only protected against termination of the employment relationship, but the protection also refers to termination of the employment contract with the offer of a new contract.




Data Protection Act

The new Personal Data Protection Act, which implements the EU General Data Protection Regulation, will impact how employers gather and store data on employees.


Act on Cross-Border Performing of Services

The Act on Cross-border services came in to force on 1 January 2018. The Act governs the conditions under which legal entities registered in Slovenia are allowed to temporarily render services in another EU member state and vice versa.


Case Law Updates

In 2017 the Constitutional Court of Slovenia passed an important decision regarding the way employers have to serve a termination letter to the employees in order for it to have effect. The Supreme Court also issued 2 decisions regarding redundancies, stating that all employees, whose work under the current employment contract will no longer be needed (even those who are offered a new one together with the cancellation of the employment contract), have to be taken into account when determining the redundancy process required and when selecting employees for redundancy.

With thanks to Martin Safar of Šafar & Partners, Ltd for his invaluable collaboration on this update.


Image: Suzanne Horne
Suzanne Horne
Partner, Employment Law Department

Image: Kirsty Devine
Kirsty Devine
Associate, Employment Law Department

Image: Aashna Parekh
Aashna Parekh
Associate, Employment Law Department