Eurofound's EU PolicyWatch collates information on the responses of government and social partners to the COVID-19 crisis, the war in Ukraine, rising inflation, as well as gathering examples of company practices aimed at mitigating the social and economic impacts.
Factsheet for measure SI-2021-1/1675 – Updated – measures in Slovenia
|Country||Slovenia , applies nationwide|
|Time period||Temporary, 01 January 2021 – 24 February 2021|
|Type||Legislations or other statutory regulations|
Ensuring business continuity and support for essential services
– Change of work arrangements (working time, rota schemes)
|Author||Maja Breznik (University of Ljubljana) and Eurofound|
|Measure added||08 January 2021 (updated 31 January 2022)|
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.
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).
The following updates to this measure have been made after it came into effect.
|18 November 2021||
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
|24 February 2021||
The Constitutional Court suspended the enactment of the measure until its final decision.
No information is available so far.
Older people in employment (aged 55+)
||Applies to all businesses||Does not apply to citizens|
No special funding required
Social partners' role in designing the measure and form of involvement:
|Trade unions||Employers' organisations|
|Role||No involvement||Agreed (outcome) incl. social partner initiative|
|Form||Not applicable||Direct consultation outside a formal body|
Social partners' role in the implementation, monitoring and assessment phase:
This change was adopted with no involvement of the Economic and Social Council.
‘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’.
Eurofound (2021), Cancellation of employment contract of workers fulfilling requirements for retirement, measure SI-2021-1/1675 (measures in Slovenia), EU PolicyWatch, Dublin, https://static.eurofound.europa.eu/covid19db/cases/SI-2021-1_1675.html
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Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process.