Solicitud directa (CEACR) - Adopción: 2017, Publicación: 107ª reunión CIT (2018)

Convenio sobre la terminación de la relación de trabajo, 1982 (núm. 158) - Eslovenia (Ratificación : 1992)

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Article 2, paragraphs 2(a), 3, 4 to 6. Exclusions. The Committee notes the Government’s comprehensive report containing detailed information on legislative and practical developments. In particular, the Committee notes the entry into force on 21 April 2013 of the amended Employment Relationships Act (ZDR-1). The Committee notes that section 12(1) of the ZDR-1 provides that employment contracts are to be concluded for an indefinite period unless otherwise stipulated in the ZDR-1. Where a fixed-term contract is concluded, it must state the reason for the fixed-term nature of the employment contract (section 31(1) of the ZDR-1). Section 54 of the ZDR-1 sets out the circumstances in which fixed-term contracts may be concluded. Successive fixed-term contracts for the same work cannot be concluded for an uninterrupted period of more than two years (section 55(2) of the ZDR-1) except for managers, company officers with statutory authority (procuration) and persons carrying out executive functions. In addition, under section 22(3) of the ZDR-1, if an employer does not find a suitable employee for an advertised position, the employer may hire one of the candidates who applied for the position on a fixed-term contract for a period of up to one year. In addition, section 54(2) of the ZDR-1 provides that a branch collective agreement may stipulate that a smaller employer may conclude fixed-term employment contracts regardless of the restrictions set out in section 54(1). The Committee further notes that according to section 79(2) of the ZDR-1, a fixed-term employment contract may terminate prior to the expiration of the period for which the contract was concluded, if the contracting parties so agree or if other reasons occur for the termination of the employment contract. The Committee requests the Government to indicate what safeguards have been provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from this Convention (Paragraph 3 of the Termination of Employment Recommendation) and to indicate how it is ensured that persons holding managerial or executive positions enjoy protection at least equivalent to that provided by the Convention. In addition, the Committee requests the Government to specify the manner in which employees of smaller companies in the sense of section 54(2) of the ZDR-1 are protected from abusive recourse to fixed-term contracts, to indicate how a “smaller” company is defined for purposes of this provision and to provide practical examples of the application of this provision. Please also provide information on the manner in which it is envisaged that candidates appointed to a fixed-term contract under section 22(3) of the ZDR-1 are protected from abusive recourse to fixed-term employment.

Article 5. Invalid reasons for termination. The Government states that the ZDR-1 retains the protection of older workers against dismissal, now referring to this group as “employees before retirement”, and gradually increases the age of workers entitled to special protection (section 114). The ZDR-1 also reinforces protections for working parents (section 115) as well as for persons with disabilities (section 116). The Committee requests the Government to provide practical examples of the application of these provisions of the ZDR-1.

Article 6. Temporary absence from work. The Committee notes that section 90, point 1, of the ZDR-1 prohibits termination due to the employee’s temporary absence from work because of an illness, injury or to care for family. The Government has not, however, provided information on the extent to which medical certification is required to invoke this protection and what limitations, if any, have been placed on the application of this provision. The Committee therefore requests the Government to provide information on the extent to which medical certification is required and what limitations, if any, have been placed on the application of section 90, point 1, of the ZDR-1.

Article 7. Procedures prior to or at the time of termination and application in practice. The Committee notes with interest that section 97 of the ZDR-1 facilitates the reintegration of workers into the labour market prior to termination, providing that workers are entitled to take paid time from work during the notice period to search for new employment. Moreover, as contemplated in paragraph 16 of the Termination of Employment Recommendation, 1982 (No. 158), the ZDR-1 provides that this time from work will not result in loss of pay, as the employer is required to cover 70 per cent of the employee costs, while the remainder is covered by the public employment services. The Committee requests the Government to provide practical information on the impact of section 97 of the ZDR-1 on facilitating the reintegration of workers into the labour market. The Government is also requested to provide information on the manner in which it is ensured that section 79(2) of the ZDR-1, particularly the clause permitting early termination of fixed-term contracts for “other reasons” is applied in a manner that is in conformity with Article 7.

Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons.