Slovenia

Global Compliance Guide

Labor Requirements

The Labour law in Slovenia is regulated mainly by the Employment Relations Act of 2013. The Act governs the terms and conditions of employment such as working hours, holidays, rest periods, wages, overtime, leave and termination of employment, etc. The other regulations that govern labour relationships are Holidays and Public holidays in the Republic of Slovenia Act and the Parental Care and Family Benefits Act.

Hours & Pay Regulations

Normal Working Hours

The hours of work in a week shall not exceed 40 hours. A working day may not exceed 10 hours (including overtime). The working hours can be reduced via a collective agreement but in no case, a working week shall be shorter than 36 hours.

 

In cases where the work involves a greater risk of injury or damage to health, the working hours can be reduced below 36 hours in a week by legislation or collective agreement.

 

Calculation of Working time          

Employees who carry out seasonal work or works under the uneven distribution of working time without interruption for at least a period of 3 months in a year and accumulates more working hours than the standard working hours for full-time work, the working hours of such employee’s upon request, shall be calculated into working days with full working hours. 

 

The working days shall be considered as part of the employee’s years of service. In such a calculation, the total period of service in a calendar year may not exceed 12 months. Employment Relations Act of 2013, Art. 58, 143 – 144. 

 

Scheduling of working hours

The temporary redistribution of working time shall be considered in the employment contract in accordance with the legislature and the collective agreement. The working schedule shall be determined by the employer and notified to the employee at the beginning of the calendar year.  

 

Any other schedule based on an employee’s requirement, the reason for the same shall be given in writing to the employer at least 1 day prior to the distribution of working hours.

 

In the case of even distribution, full-time work may not be spread over less than 4 days a week. Due to the nature or organization of work, working hours may be unevenly distributed. In the event of uneven distribution and temporary redistribution of full-time work, working time may not exceed 56 hours per week. In the case of uneven distribution and temporary redistribution of working time, full-time work shall be considered as the average duration of work in a period not exceeding 6 months.

 

Recalculation of Working hours

An employee who performs work in an unequal distribution of working hours or temporary redistribution of working hours format and accumulates more working hours than the standard working hours for full-time work, in such case, the working hours shall be calculated in the employee’s working period. The total length of service in a calendar year may not exceed 12 months. Employment Relations Act of 2013, Art. 148 – 149. 

Overtime

An employee may be required to work beyond 40 hours in a week by the employer in circumstances such as the increased amount of work, continuous production or to prevent damage or threat to life, etc. Overtime work shall not exceed 8 hours in a week, 20 hours in a month, and 170 hours in a year. However, with the consent of the employee, the overtime work can last for up to 230 hours per year. 

 

The daily, weekly, and monthly time limit may be considered as an average limit over a period that may not exceed 6 months.

 

The employer shall order the employee to work overtime in writing before starting work. In case, due to the nature of the work or the necessity of performing overtime work, it is not possible to order overtime work to the employee in writing before the start of work, overtime work may also be ordered orally. In this case, the written order shall be provided to the employee subsequently, but no later than the end of the working week after the overtime work has been completed.

 

Pay – The premium pay for overtime work is generally fixed through a collective agreement or employment contract. Employment Relations Act of 2013, Art. 144 and 128.

 

Supplementary Work

An employee who is engaged in full-time employment with an employer can conclude a part-time employment agreement with another employer for a maximum of 8 hours per week, with the prior consent of the full-time employer. 

 

This is, however, subject to the condition that this arrangement involves carrying out work in occupations, which as per the data of the Employment service suffers from the deficiency of employees or such occupations carrying out educational, cultural, artistic, and research works. Employment Relations Act of 2013, Art. 147.

Night Work

An employee who works at night for at least 3 hours of his daily working time or an employee who works at night for at least one-third of his annual working time is called a night employee. Night work is considered to be work between 11 pm and 6 am of the following day. In case, where a night shift is fixed by the schedule of working hours, 8 continuous hours between 10 pm and 7 am of the following day shall be considered night work.

 

In case, the work organized in shifts also includes night shifts, then the employer shall ensure periodical rotation of shifts. In this case, the employee of one shift may work at night for a maximum of 1 week. As part of such organized work, an employee may work at night for a longer period of time only if he expressly agrees to such work in writing.

 

An employee’s working time at night may not exceed on average 8 hours in a day in a period of 4 months. However, the working hours of an employee who performs work at night related to a higher risk of injuries or damage to health, may not exceed 8 hours in a day.

 

The employer may not assign an employee to work the night shift if the employee does not have regulated transport to and from work.

 

Pay – The premium pay for work at night is generally fixed through a collective agreement or employment contract. Employment Relations Act of 2013, Art. 150 – 152

Breaks

An employee who works full time is entitled to a break of 30 minutes a day. A break shall be taken only after 1 hour of work and no later than 1 hour before the end of working hours. A break during daily work shall be included in the working time. An employee who works part-time, but at least 4 hours per day, is entitled to break in proportion to the time spent at work.

 

In case of uneven distribution or temporary redistribution of working time, the break time shall be fixed in proportion to the length of daily working time. The break is included in the working hours of an employee. Employment Relations Act of 2003, Art. 154.

 

Daily Rest

An employee is entitled to a daily rest for at least 12 consecutive hours within a period of 24 hours. Employees who work in the uneven distribution or temporarily redistributed working time are entitled to a daily rest of at least 11 hours within a period of 24 hours. Employment Relations Act of 2013, Art. 155.

 

Weekly Rest

An employee is entitled to rest for at least 24 hours (Sunday is considered a usual day of rest) in a period of 7 consecutive days. This shall be in addition to the daily rest of 12 consecutive hours. Employment Relations Act of 2013, Art. 156 and 128.

Work On Rest Days

An employee who performs work on a weekly rest day because of objective, technical and organizational reasons shall be entitled to a weekly rest on some other day in a week. An employee shall be provided on average the minimum duration of weekly rest over a period of 14 consecutive days.

 

Pay – The premium pay for working on a Sunday is generally fixed through a collective agreement or employment contract. Employment Relations Act of 2013, Art. 156 and 128. 

Public Holidays

There are two kinds of holidays in Slovenia known as public holidays and work-free days off, which are basically not official holidays but are considered as not official non-working days. Employees are entitled to the following 12 public holidays – 

      • January 1 and 2, New Year
      • February 8, Prešeren’s Day, Slovenian cultural holiday
      • April 27, the day of the uprising against the occupier
      • May 1 and 2, Labor Day
      • June 25, Statehood Day
      • August 17, unification of Prekmurje Slovenes with their motherland.
      • 15 September, return of Primorska to its homeland
      • November 1, Remembrance Day
      • November 23, Rudolf Maister Day
      • December 26, Independence and Unity Day. 

The above-listed holidays are non-working days, except for the unification of Prekmurje Slovenes with their motherland, the return of Primorska to their homeland, and Rudolf Maister’s day, which are non-working days. The following are also 5 non-working days off in Slovenia:

        • Easter Sunday and Monday, Easter
        • Pentecost Sunday, Pentecost
        • August 15, the Assumption of Mary
        • October 31, Reformation Day
        • December 25, Christmas.

A holiday or a non-working day, which falls on a Sunday, is not postponed to the next working day.

 

Pay – The premium pay for working on a Public holiday or work-free days off is generally fixed through a collective agreement or employment contract. Employment Relations Act of 2013, Art. 167 and Holidays and Public Holidays in the Republic of Slovenia Act, Art. 1 – 3.

Annual Leave

An employee (both full-time and part-time) is entitled to annual leave for a period of at least 4 weeks. Annual leave shall be determined and used on working days. The minimum length of annual leave depends on the distribution of working days within a week for an individual employee.

 

A longer period of annual leave may also be allowed by a collective agreement or an employment contract. Public holidays, non-working days, absence from work due to disease or injury, and other cases of justified absence from work shall not be counted in the days of annual leave.

 

Proportional Part of Annual leave – An employee who enters into an employment relationship or terminates his employment during a calendar year and has a period of employment of less than one year in an individual calendar year shall be entitled to 1/12 annual leave for each month of employment 

 

In case, an employee concludes an employment contract with another employer during a calendar year, each employer shall ensure the use of a proportional part of the annual leave according to the duration of the employee’s employment with an individual employer in the current calendar year unless the employee and employer agree otherwise.

 

During the calculation of the proportional part of the annual leave, half of the day shall be rounded to the whole day of the annual leave.

 

The manner of use of annual leave – Annual leave may be used in several parts, provided that one part lasts for at least 2 weeks. The employer may request the employee to plan the use of at least 2 weeks of annual leave for the current calendar year.

 

Timing of annual leave – The employer shall ensure the use of annual leave in the current calendar year, and the employee must use at least 2 weeks until the end of the current calendar year, and the rest of the annual leave in agreement with the employer until 30 June of the following year.

 

An employee has the right to use all annual leave that has not been used in the current calendar year or until 30 June of the following year due to absence due to illness or injury, maternity leave, or childcare leave until 31 December of the following year. An employee working abroad may take full use of the annual leave until the end of the following calendar year if so fixed by a collective agreement binding on the employer.

 

An employee who has the right to use the proportional part of the annual leave in the first year of employment shall acquire the right to use the annual leave for the following calendar year at the beginning of the next calendar year. An employee cannot waive the right to annual leave and any such agreement is invalid. Employees cannot receive payment in exchange for annual leave except in the case of employment contract termination.

 

Parents of school-age children have the right to use at least 1 week of annual leave during school holidays. Employees also have the right to use 1 day of annual leave on the day fixed by them, which the employees must inform the employer no later than 3 days before the use.

 

An employee who is old, disabled, or has 60% physical impairment, or takes care of children who are physically or mentally handicapped shall be entitled to 3 additional days of annual leave. An employee is entitled to 1 additional annual leave for every child under the age of 15.

 

Holiday Pay 

The employee is entitled to holiday pay in an amount that is at least equal to the minimum wage. The holiday pay must be paid to the employee no later than 1 July of the current calendar year. In case of insolvency of the employer, the collective agreement may lay down a subsequent term for paying holiday allowance, but no later than 1 November of the current calendar year.

 

In case, the employee is only entitled to a proportional part of annual leave, he shall only be entitled to a proportional part of holiday pay. If an employee has a part-time employment contract, he has the right to pay in proportion to the working time for which the employment contract has been concluded. Employment Relations Act of 2013, Art. 159 – 164 and 131.

Minimum Wage

Effective January 1, 2021, the minimum wage level in Slovenia is EUR 1,024 gross per month.

 

 

The minimum wages given above may not be up to date and is subject to change. Kindly see this link for the latest wage rate. 

Special Leave

Sick Leave

The duration of sick leave is not defined in the legislation. The sickness benefit is paid by the employer and the Health Insurance Institute for the loss of compensation due to incapacity to work. 

 

An employer shall pay wages for a period of up to 30 working days of absence when there is an incapacity to perform work due to reasons unrelated to work. However in multiple scenarios of incapacity due to reasons unrelated to work, the employer is required to compensate, but for not more than 120 working days. In cases of incapacity for work due to an occupational disease or injury at work, the employer pays compensation to the employee for up to 30 working days. In case, the employee is incapable to work due to an occupational illness or injury related to work, such employee is entitled to receive normal remuneration of 100%.

 

Further incapacity to perform work is also compensated by the employer, however, the employer can claim reimbursement from the Health Insurance Institute upon production of relevant documents.

 

In case of two or more successive absences from work due to the same disease or injury which is not related to work in the duration of up to 30 working days, when the individual interruption between two absences lasts less than 10 working days, the employer shall pay compensation for the period of subsequent absence after the interruption. The employer in such a case can claim compensation from the Health Insurance Institute. 

 

In case of the employee’s absence from work due to a disease or injury which is not related to work, the wage compensation shall be in an amount to 80% of the employee’s wage in the previous month for full-time work. In case, the employer does not pay compensation within the fixed or contractually agreed period, the Health Insurance Institute shall pay directly to the employee the unpaid salary compensation.

 

Employees who cannot work due to force majeure shall be entitled to half of the payment they would have received if they have worked, but not less than 70% of the minimum wage.

 

The employee shall be entitled to wage compensation in the amount of his average monthly wage during the past 3 months and/or during the period he worked in the past 3 months. If the employee has not received a single monthly salary during the entire period of the last 3 months, he is entitled to salary compensation in the amount of the basic salary specified in the employment contract. The amount of salary compensation may not exceed the amount of salary that the employee would receive if he worked.

 

The employer is obliged to pay the employee compensation for those days and for as many hours as the employee’s work amounts to on the day when he does not work due to justified reasons. Employment Relations Act of 2013, Art. 137.

Maternity Leave

A female employee is entitled to 105 days of paid leave and the employee must use 15 days of leave. The leave can be taken 28 days before the expected date of delivery. If the employee does not take maternity leave within this period, she may not use the unused part of maternity leave after the birth of the child, unless the birth took place before the scheduled date. If the employee has not taken maternity leave until the day of birth, in such a case, the maternity leave shall be taken from the date of birth of the child. 

 

In case an employee gives birth to a dead child, she is entitled to maternity leave for another 42 days from the date of the birth of the child. In case the child dies during maternity leave, the employee has the right to maternity leave to the extent that she has already used it by the day of the child’s death, but at least 42 days from the birth of the child. After the death of the child, the employee is entitled to 10 days of maternity leave.

 

In case, the mother leaves the child at or after the birth of the child, she is entitled to maternity leave for another 42 days from the day of birth. If the mother leaves the child during maternity leave but has already used 42 days of maternity leave, she shall no longer be entitled to maternity leave from the next day when she leaves the child.

 

Father’s right to maternity leave – The father is entitled to maternity leave in cases where the mother dies, leaves the child, is permanently or temporarily incapable of caring for the child. The father has the right to maternity leave to the extent that the mother has, reduced by as many days as the mother has already exercised this right, and at least by 28 days.

 

The father of a child also has the right to maternity leave in agreement with the mother in cases when the child is born to a mother under the age of 18 and has the status of an apprentice, pupil, student. In this case, maternity leave lasts 77 days and is shortened by as many days as the child is old when the father takes maternity leave.

 

Breastfeeding break

A full-time working mother is entitled to 1 hour of a paid break for breastfeeding until the child is 18 months of age. Parental Care and Family Benefits Act, Art. 19 – 24.

Paternity Leave

An employee is entitled to 30 days of paid paternity leave. Employees may take the first 15 calendar days of paternity leave (as full-time or part-time) during the child’s first 6 months. Employees may take a second set of 15 calendar days of paternity leave (as full-time or part-time) until the child completes the first grade of primary school. 

 

In case of the birth of twins or more at the same time, leave for the second or subsequent child shall be extended by an additional 10 days. If a child dies during paternity leave, the employee has the right to paternity leave to the extent that he has already used it until the day of the child’s death and for 3 days after the child’s death, but not longer than 30 calendar days. Parental Care and Family Benefits Act, Art. 25 – 28.

Parental Leave

Each parent is entitled to 130 days of paid parental leave. Mothers can transfer 100 days of their entitlement to the father but 30 days are non-transferable. Fathers are allowed to transfer 130 days of parental leave to the mother. Parental leave can be extended by 90 days (for each parent) in the event of multiple births, adoption of twins, or two differently aged children under the age of 3 years. Where no one is entitled to maternity leave for the child, the right to parental leave shall be recognized immediately after the end of the child’s 77 days of age.

 

At the birth of a premature infant, parental leave shall be extended by as many days as the number of days the pregnancy was shorter than 260 days.

 

In the case of the birth of a child in need of special care, leave is extended by an additional 90 days. A part of the leave of not more than 75 days can be transferred until a child completes first grade of primary school. The leave is extended by 30 days if parents already have at least two children who have not yet completed the first grade of primary school, by 60 days if they have three such children and by 90 days if they have four or more such children.

 

Parents shall not be entitled to parental leave if the child is entrusted to the care and upbringing of another person or placed in a foster family or institution.

 

If a child dies during parental leave, the parent who exercises the right to parental leave has this right to the extent that he has already used it by the day of the child’s death and for ten days after the child’s death.

 

If a child’s physical or mental development disorder or long-term serious illness is established after exercising the right to parental leave, and the child has not yet reached the age of 18 months, one of the parents is entitled to parental leave for 90 days. Parental Care and Family Benefits Act, Art. 29 – 39. 

Adoption Leave

An adoptive parent or a person to whom a child is placed for the purpose of adoption is entitled to parental leave in the same manner as other parents until the completion of the first grade of the primary school of the child in accordance with the regulations governing the primary school. This shall take place no later than 15 days after the placement of the child in the family for the purpose of adoption or after the adoption.

An adoptive parent who has been granted parental care, for a child who has already completed the first grade of primary school and is less than 15 years of age, is entitled to parental leave of 30 days. Parental Care and Family Benefits Act, Art. 39.

Personal Leave

An employee is entitled to paid leave of up to 7 working days in an individual calendar year due to personal circumstances, for each of the individual cases of:

      • Own Marriage
      • Death of a spouse or common-law partner or the death of a child adopted child or child of a spouse or common-law partner.
      • Death of parents – father, mother, spouse or common-law partner of the parent, adoptive parent
      • Serious accident suffered by the employee;
      • Escorting a child. A first grader to school on the first day of school.

In all the above cases, an employee shall have the right to be absent from work for at least one working day. Employment Relations Act of 2013, Art. 165.

Blood Donation Leave

An employee is entitled to paid leave from work for the purpose of blood donation. The employer can claim compensation from the Health Insurance Institute. Employment Relations Act of 2013, Art. 167.

Educational Leave

Employees who participate in an education or training course are entitled to paid leave from work on days when they take exams for the first time. In case the education or training course is in the interests of the employer, in such case the collective agreement or employment contract may provide for a longer period of paid leave which shall be paid on the basis of the average monthly wage rate which an employee earned during the past 3 months. Employment Relations Act of 2013, Art. 170 – 171.

Other Leave

An employee is entitled to unpaid leave for the performance of a nonprofessional function to which he has been elected at direct national elections, at elections to the National Council of the Republic of Slovenia, a function or obligation to which he has been appointed by the court, etc. Employment Relations Act of 2013, Art. 168.

Short Term (COVID-19) Leave

An employee may be absent from work due to illness because of COVID-19 without prior determination of the reasons for such absence from work by the personal doctor of the insured, for up to 3 consecutive days in an individual calendar year. For the duration of this absence, the employee is entitled to salary compensation paid by the employer, who can further claim compensation from the Health Insurance Institute of Slovenia. This leave is applicable until December 31, 2021.

Last updated on: August 3rd, 2021