Factsheet for measure
SI-2021-1/1675
–
Updated
– measures in Slovenia
Cancellation of employment contract of workers fulfilling requirements for retirement
Odpoved pogodbe o zaposlitvi delavcem, ki izpolnjujejo pogoje za upokojite
Background information
The seventh COVID-19 law (ZIUPOPDVE), adopted by the Parliament on 29 December 2020, brings two changes in the Employment Relationship Act and Public Employees Act. Articles 21 and 22 will ease the dismissals of older workers who fulfil requirements for retirement. This change was adopted with no involvement of the Economic and Social Council. While trade unions are protesting, the employer organisations are content with the measure. Trade unions announced to appeal the articles to the Constitutional Court.
The Parliament took precocious measure against the possibility that the seventh COVID-19 is rejected on the public referendum. On 30 December 2020, it passed a decision which bans to call for a referendum regarding this law.
Content of measure
Articles 21 and 22 adds another reason for ordinary cancellation of an employment contract. When a worker fulfils the requirements for old-age pension, the employer may cancel the employment contract without any justification. The notice period is 60 days and the dismissed worker has the right to severance pay.
The measure is dubbed ‘forced retirement’ by trade unions. In the press release on 30 December 2020, seven trade union confederations said it is discriminatory to older workers. It is, they claim, also against the goal, set by social partners, to retain older workers in employment. Moreover, according to their estimation, the ‘forced retirement’ will trigger an additional outflow of €245 million in the pension fund. Employer organisations responded that trade unions’ reaction is exaggerated.
On 30 December 2020, the Parliament passed a decision banning the popular referendum regarding the Act Determining Intervention Measures to Assist in Mitigating the Consequences of the Second Wave of COVID-19 Epidemic (ZIUPOPDVE).
Updates
The following updates to this measure have been made after it came into effect.
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18 November 2021
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The Constitutional Court repealed Articles 21 and 22 in December 2021. The court decided the Articles breach the ILO Convention No. 158, European Social Charter and Slovenian Constitution
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24 February 2021
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The Constitutional Court suspended the enactment of the measure until its final decision.
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Use of measure
No information is available so far.
Target groups
Actors and funding
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Actors
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Funding
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National government
Employers' organisations
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No special funding required
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Social partners
Social partners' role in
designing the measure
and form of involvement:
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Trade unions
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Employers' organisations
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Role
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No involvement
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Agreed (outcome) incl. social partner initiative
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Form
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Not applicable
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Direct consultation outside a formal body
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Social partners' role in the
implementation, monitoring and assessment phase:
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Unknown
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Main level of involvement: Peak or cross-sectoral level
Involvement
This change was adopted with no involvement of the Economic and Social Council.
Views and reactions
‘Forced retirement’ of workers, who fulfil the requirements for retirement, generated harsh reactions from trade unions. Seven trade union confederations issued a press release (on 30 December 2020) saying that it is an abuse of the emergency law, adopted with no trade unions' involvement in negotiations. Contrary, the Chamber of Commerce and Industry of Slovenia (GZS, 31 December 2020) supports the measure by which the employer will be able to send into retirement a worker who is ‘no longer committed to work’.
Sources
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30 December 2020: Act Determining Intervention Measures to Assist in Mitigating the Consequences of the Second Wave of COVID-19 Epidemic (Zakon o interventnih ukrepih za pomoč pri omilitvi posledic drugega vala epidemije COVID-19, ZIUPOPDVE
(pisrs.si)
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30 December 2020: Seven trade union confederations, Izjava za javnost [Press release
(www.zsss.si)
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30 December 2020: Decision on the ban on the popular referendum regarding Act Determining Intervention Measures to Assist in Mitigating the Consequences of the Second Wave of COVID-19 Epidemic [Sklep o nedopustnosti razpisa zakonodajnega referenduma o Zakonu o interventnih ukrepih za pomoč pri omilitvi posledic drugega vala epidemije COVID-19 (ZIUPOPDVE)
(pisrs.si)
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31 December 2020: The Chamber of Commerce and Industry of Slovenia (GZS), Sporočilo medijem [Press release
(www.gzs.si)
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17 December 2021: ‘Ustavno sodišče razveljavilo določbe glede upokojevanja starejših delavcev’, MMC RTV SL
(www.rtvslo.si)
