{"id":689,"date":"2023-05-20T15:22:53","date_gmt":"2023-05-20T15:22:53","guid":{"rendered":"https:\/\/www.odb.si\/en\/?p=689"},"modified":"2023-05-20T15:22:54","modified_gmt":"2023-05-20T15:22:54","slug":"slovenian-law-firm-complying-with-fixed-term-employment-contracts-in-slovenia","status":"publish","type":"post","link":"https:\/\/www.odb.si\/en\/2023\/05\/20\/slovenian-law-firm-complying-with-fixed-term-employment-contracts-in-slovenia\/","title":{"rendered":"<strong>Slovenian Law Firm: Complying with Fixed-Term Employment Contracts in Slovenia<\/strong>"},"content":{"rendered":"\n<p><em>Introduction<\/em><\/p>\n\n\n\n<p>The Employment Relationships Act (ZDR-1) governs the main legal aspects of employment and labor law in Slovenia. It specifies both employers&#8217; and employees&#8217; rights and obligations, as well as the length of employment contracts. In Slovenia, employment contracts are generally concluded for an indefinite duration, unless otherwise provided by law or agreed upon by the parties. However, an employer may exceptionally conclude a fixed-term employment contract in certain cases, as set out in Article 54 of the ZDR-1. This article will focus on the provisions of Articles 12, 54, 55, and 56 of the ZDR-1 that regulate the conclusion and duration of fixed-term employment contracts in Slovenia.<\/p>\n\n\n\n<p><em>Fixed-Term Employment Contracts in Slovenia<\/em><\/p>\n\n\n\n<p>Under Article 12(1) of the ZDR-1, employment contracts in Slovenia shall be concluded for an indefinite duration unless otherwise provided by the Act. Article 54(1) of the ZDR-1 sets out the circumstances under which a fixed-term employment contract may be concluded, including among other reasons:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Work which by its nature is of limited duration,<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Replacing a temporarily absent worker and<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Performance of seasonal work, among others.<\/li>\n<\/ul>\n\n\n\n<p>It should be emphasized that the ZDR-1 places strong restrictions on the facts and conditions that can lead to the conclusion of a fixed-term employment contract, and an employer must adhere to these restrictions when making such agreements.<\/p>\n\n\n\n<p><em>Restrictions on Fixed-Term Employment Contracts<\/em><\/p>\n\n\n\n<p>Article 55 of the ZDR-1 sets out restrictions on the duration and successive conclusion of fixed-term employment contracts. An employment contract shall be concluded for a limited period of time as required for the implementation of work in cases referred to in Article 54(1) of the ZDR-1. Additionally, an employer may not conclude one or more successive fixed-term employment contracts for the same work the uninterrupted period of which would last longer than two (2) years.<\/p>\n\n\n\n<p>However, there are multiple special exceptions to this rule. An employer may conclude consecutive fixed-term employment contracts in specific cases determined by the ZDR-1.<\/p>\n\n\n\n<p><em>Consequences of Illegally Concluded Fixed-Term Employment Contracts<\/em><\/p>\n\n\n\n<p>If an employer unlawfully concludes a fixed-term employment contract, the employee may be entitled to an indefinite duration contract of employment by function of the law (t.i. automatically). Furthermore, it will be assumed that an employee has engaged into an employment contract with an unlimited duration if they continue to work beyond the end of a fixed-term contract (either after it has expired or after the reason for it has ceased to exist) without the signing of a new (likely non-fixed term) contract. Article 56 of the ZDR-1 sets out the consequences of an illegally concluded fixed-term employment contract. It is presumed that a worker has entered into an employment contract with an indefinite length if a fixed-term employment contract is entered into in violation of the law or a collective bargaining agreement or if the worker continues to work after the time period covered by the employment contract has passed.<\/p>\n\n\n\n<p><em>Conclusion<\/em><\/p>\n\n\n\n<p>In conclusion, if and while engaging into fixed-term employment contracts, Slovenian companies must adhere to the severe legal criteria (set by ZDR-1, among other legal acts). By doing this, they may stay out of legal trouble, keep their relationships with their employees strong, and ultimately benefit both sides in the long run. A Slovenian labor law lawyer can ensure that proper compliance is achieved. As it this is a highly regulated area &#8211; the legal advice of a lawyer or law firm in Slovenia specialising in labor law may be essential. Employers must always think about and make sure they meet the legal requirements for entering into fixed-term employment contracts in order to be following Slovenian employment legislation and Slovenian labor law. The use of fixed-term employment contracts is restricted in Slovenia, and failure to comply with the legislation may have legal repercussions, including the assumption of an employment contract with an indefinite period and possible culpability for damages. Feel free to contact our law firm in Ljubljana for more information and legal advice.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Introduction The Employment Relationships Act (ZDR-1) governs the main legal aspects of employment and labor law in Slovenia. It specifies both employers&#8217; and employees&#8217; rights and obligations, as well as the length of employment contracts. In Slovenia, employment contracts are generally concluded for an indefinite duration, unless otherwise provided by law or agreed upon by [&hellip;]<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[9],"tags":[145,168,169,152,114,117,139,45,143,142,119,170,113,115],"class_list":["post-689","post","type-post","status-publish","format-standard","hentry","category-publications","tag-employment-lawyer-slovenia","tag-labor-law","tag-labor-law-lawyer-slovenia","tag-labor-law-slovenia","tag-law-firm-in-slovenia","tag-law-firm-ljubljana","tag-law-firm-slovenia","tag-lawyer-in-slovenia","tag-lawyer-ljubljana","tag-lawyer-slovenia","tag-slovenian-civil-law-firm","tag-slovenian-employment-lawyer","tag-slovenian-law-firm","tag-slovenian-lawyer"],"aioseo_notices":[],"featured_image_src":{"landsacpe":false,"list":false,"medium":false,"full":false},"_links":{"self":[{"href":"https:\/\/www.odb.si\/en\/wp-json\/wp\/v2\/posts\/689","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.odb.si\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.odb.si\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.odb.si\/en\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/www.odb.si\/en\/wp-json\/wp\/v2\/comments?post=689"}],"version-history":[{"count":1,"href":"https:\/\/www.odb.si\/en\/wp-json\/wp\/v2\/posts\/689\/revisions"}],"predecessor-version":[{"id":690,"href":"https:\/\/www.odb.si\/en\/wp-json\/wp\/v2\/posts\/689\/revisions\/690"}],"wp:attachment":[{"href":"https:\/\/www.odb.si\/en\/wp-json\/wp\/v2\/media?parent=689"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.odb.si\/en\/wp-json\/wp\/v2\/categories?post=689"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.odb.si\/en\/wp-json\/wp\/v2\/tags?post=689"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}