Background information

On 14 September 2021, in the wake of the fourth COVID-19 wave, the government adopted health security measures to be followed in all workplaces. Ordinance on the method of meeting the condition of morbidity, vaccination and testing to curb the spread of SARS-CoV-2 virus infections (Odlok o načinu izpolnjevanja pogoja prebolevnosti, cepljenja in testiranja za zajezitev širjenja okužb z virusom SARS-CoV-2) stipulates that, while performing their work, all employees and self-employed must meet the health security requirements. It means that employees and self-employed must be vaccinated, tested or recovered from COVID-19 in the last 180 days.

Content of measure

Ordinance on the method of meeting the condition of morbidity, vaccination and testing to curb the spread of SARS-CoV-2 virus infections aims to curb the spread of COVID-19 infections at the workplace. Workers and self-employed, who were not vaccinated or have not recovered from COVID-19 disease in the last 180 days, must do COVID-19 self-testing once a week.

The measure covers workers and self-employed working at the employer’s premises. The rapid antigen self-testing must be applied weekly, the responsible person determines the place and time for self-testing of workers and keeps records. Worker’s refusal of self-testing is a violation of the Employment Relationship Act and, finally, may even be a reason for dismissal. Costs for self-testing are borne by employers.

For the public sector, the government decided to demand the condition of morbidity or vaccination since October 2021. The police trade union filed a suit against the government in the Constitutional Court. The Court decided to withhold the measure until its final decision by saying that the enacting of measure may cause irreparable damage to public employees.

Use of measure

No information is available so far.

Target groups

Workers	Businesses	Citizens
Applies to all workers	Applies to all businesses	Does not apply to citizens

Actors and funding

Actors	Funding
Company / Companies	Employer

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	No involvement	No involvement
Form	Not applicable	Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

• No involvement
• Main level of involvement: N/A

Involvement

The Economic and Social Council has been blocked since 14 May 2021. Trade unions left the council, accusing the government of breaching the rules on tripartite social dialogue by sending laws to the parliament without prior negotiations in ESS. Social partners have not yet settled their disputes.

Views and reactions

Employer organisations disagreed that employers must pay for self-testing of workers who are refusing vaccination. They claim that self-testing should be individual responsibility. For employers, it is a financial burden and an organisational challenge. Employer organisations also stressed that quick changes of rules do not give employers enough space for adaptations.

Sources

• 13 September 2021: Gospodarska zbornica Slovenije (The Chamber of Commerce and Industry of Slovenia, GZS), Press releas (www.gzs.si)
• 14 September 2021: Ordinance on the method of meeting the condition of morbidity, vaccination and testing to curb the spread of SARS-CoV-2 virus infections (Odlok o načinu izpolnjevanja pogoja prebolevnosti, cepljenja in testiranja za zajezitev širjenja okužb z virusom SARS-CoV-2), Official Gazette, 147/202 (www.uradni-list.si)
• 06 November 2021: Ordinance on the temporary measures for the prevention and control of infectious disease COVID-19 (Odlok o začasnih ukrepih za preprečevanje in obvladovanje okužb z nalezljivo boleznijo COVID-19), Official Gazette, No. 174/21, 177/21, 185/21, 190/21, 197/21, 200/21 and 201/2 (pisrs.si)