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The changes to the Employment Relationships Act include:
1. Extended period for transferring annual leave
An employee will have the right to use all annual leave not taken in the current calendar year, or by June 30 of the following year due to absence caused by illness or injury, maternity leave, or leave for child care and protection, by March 31 of the year following the year in which the annual leave could be transferred, instead of only until December 31 of the following year.
2. Novi izredni odpovedni razlogi in pisno opozorilo pred krivdno odpovedjo
The amendment to ZDR-1 introduces two new reasons for extraordinary termination. An employee can terminate the employment contract extraordinarily if the employer has not paid the salary or wage compensation for at least two months, or if the employer has failed to pay the salary or wage compensation twice consecutively or within a six-month period by the legally or contractually agreed deadline.
The statutory period of validity for a written warning before termination for cause has been shortened from 1 year to 6 months. A new procedure is introduced following the issuance of a written warning. An employee may request within 3 working days of receiving the written warning that the employer allows them to respond to the violations within a reasonable period, not exceeding 30 days. The employer must then provide the employee with a written and reasoned decision within 8 days after the employee’s response.
3. Proportionality of probationary period in fixed-term contracts
Probationary work can generally last up to a maximum of 6 months. The amendment to ZDR-1 adds that in fixed-term contracts, the probationary period must be determined proportionally to the duration of the contract and the nature of the work.
4. Rights of caregivers and employees who are victims of domestic violence
The amendment to ZDR-1 introduces new rights for caregivers, such as 5 unpaid days of caregiver leave, the right to propose the conclusion of a new fixed-term employment contract with reduced working hours, and the right to special protection against dismissal for caregivers.
For employees who are victims of domestic violence, a new right to special protection in the employment relationship is introduced due to their involvement in proceedings that increase their safety. They are now entitled to 5 days of paid leave for arranging protection, legal procedures, etc. They also have the right to propose a fixed-term contract with reduced working hours and protection against dismissal. Night work and overtime are only allowed with prior written consent.
5. The right to disconnect
The employer must ensure the right to disconnect for employees by December 16, 2024. This means that the employer must ensure, through appropriate measures, that employees are not available during their rest periods and justified absences from work.
6. Subsidiary liability in the construction sector.
The amendment to the Employment Relationships Act (ZDR-1) introduces subsidiary liability of the subcontractor’s contracting party (the principal) for the non-payment of wages to a worker employed by the subcontractor.
7. Written statement of the employer regarding the employee's proposals
Employee’s Proposal for Contract Modification
When an employee submits a proposal for a contract modification (e.g., from a fixed-term to an indefinite-term contract, from part-time to full-time work), the employer must respond to the proposal within 30 days of receipt.
Employee’s Proposal for a Different Work Schedule or Remote Work
When an employee, due to the need to balance professional and family or private life, proposes a different work schedule or a remote work arrangement, the employer must provide a written justification for their decision within 15 days.
Reduced Working Hours for Parents of Children up to 8 Years Old
The ZDR-1 Amendment also stipulates that an employee caring for a child up to 8 years of age may propose the conclusion of a new fixed-term employment contract with a reduced working time. The change can be proposed by the employee based on contractual freedom, which means that the employer is not obliged to accept the proposal for justified reasons, but must justify their decision in writing within 15 days.
