Selection order for dismissals and layoffs in detail

There is no statutory selection order for dismissals under Slovenian law.

However, in a collective dismissal, the employer must draw up a proposal setting out the criteria to be applied. It may take into account in this process criteria laid down in any applicable collective agreement, but may add criteria by agreement with the trade union. When setting out the criteria for whom to make redundant in individual cases, the following must be considered:

  • professional education and/or qualifications for work and any additional knowledge and skills needed for the job;
  • work experience;
  • performance;
  • length of service;
  • state of health;
  • social status (e.g. whether the employee’s partner has a job);
  • whether the employee is a parent of three or more minor children or the sole breadwinner in a family with minor children.

Under the same criteria, employees with lower social status must be given priority in preserving their employment.

Temporary absence from work because of illness or injury, to care for a family member or a severely disabled person, or on parental or maternity leave may not be be used as a criterion in determining which employees to make redundant.

In terms of individual dismissals, Slovenian law offers protection to certain categories of employees (both for individual and collective dismissals), including the following:

  • employee representatives;
  • employees who have either reached the age of 58 or have no more than five years left to fulfil their pension qualifying period;
  • parents: female employees during pregnancy or who are breastfeeding a child up to one year old, parents who are on uninterrupted parental leave in the form of full absence from work and one month after the end of such leave;
  • disabled employees and employees absent from work because of illness.

In respect of individual dismissals, decisions are made on a case-by-case basis as to which criteria apply, if any.

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Author: Šelih & Partnerji

Date: July 2019

 

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