Article

98

Description

An employer falls within the scope of legislation on collective redundancies if the following number of workers will be made redundant within a period of 30 days:

• at least 10 workers employed by an employer employing more than 20 and fewer than 100 workers,
• at least 10% of workers employed by an employer employing at least 100 workers but fewer than 300 workers,
• at least 30 workers employed by an employer employing 300 workers or more.

Economic, organisational, technological, structural or similar reasons are considered valid reasons for collective dismissals.

Commentary

The definition of a collective dismissal refers to a certain number of employees in comparison to all employees including full-time employees with open-ended employment contracts, fixed-term and part-time employees. The definition includes all employees who are going to become redundant within the period of 30 days (Supreme Court decision no. VIII Ips 90/2013). The number of redundant employees covers persons whose employment contract is  terminated as well as employees whose present contracts is terminated, but to whom the employer has offered a new employment contract under new conditions. Not included are the employees whose employment contracts are terminated by mutual agreement or who continue working for an employer under new conditions without termination of employment contract (Supreme Court decision no. VIII Ips 178/2012).

The CJEU case C-249/24, Ineo Infracom reinforces procedural safeguards for employees and broadens employer obligation in cases of redundancy. Any substantial change to an employment contract resulting in the offer of a new contract will likely be considered a redundancy under EU and national law, triggering the employer's duty to consult employees representatives to include such cases in redundancy calculations.

Additional metadata

Cost covered by

None

Involved actors other than national government

National government

Involvement (others)

None

Thresholds

Affected employees: 10
Company size: 21
Additional information: No, applicable in all circumstances

Sources

• Jokay, K. (2006), Slovenia Country Dossier, Study on restructuring in new Member States, Joint Project of European Social Partner Organisations
• Zakon o delovnih razmerjih (ZDR-1) (SL)
• Employment Relationship Act (ZDR-1) (EN)
• Supreme Court decision no. VIII Ips 90/2013
• Supreme Court decision no. VIII Ips 178/2012
• CJEU ruling - Case C-249/24