Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Slovenia: Effects of non-compliance with dismissal regulations
Zakon o delovnih razmerjih (ZDR-1); Kazenski zakonik (KZ-1)
Type
Effects of non-compliance with dismissal regulations
Added to database
08 May 2015
Article
Article 217 of the Employment Relationships Act (ZDR-1); Article 196 of the Criminal Code (KZ-1)
Description
A fine of between €3,000 and €20,000 shall be imposed on an employer – a legal person, a sole proprietor or a self-employed person – if the employer carries out the procedure of giving notice to a larger number of workers for business reasons contrary to statutory provisions regarding collective dismissals (within 30 days, dismissal of at least 10 workers in companies with 21-99 employees, at least 10% in companies with 100-299 employees and 30 dismissals in larger firms).
Employees can take action through the labour inspectorate.
Violation of workers' rights in the process of collective dismissal constitutes a criminal offence in the following circumstances. Whoever acts contrary to regulations governing the conclusion and termination of employment contracts, thereby depriving or restraining the labour rights of one or more workers, is punished by a fine and sentenced to imprisonment for a maximum of three years. If this action results in unlawful termination of the employment relationship of at least 20 workers, the perpetrator is sentenced to imprisonment for a maximum of five years and ordered to pay a fine.
Commentary
Cases of non-compliance are only infrequently brought forward. For further information and data on the frequency of various violations of dismissal regulations, see the labour inspectorate's Annual Reports.
Additional metadata
Cost covered by
Employer
Involved actors other than national government
Other
Court
Involvement (others)
Labour inspectorate
Thresholds
Affected employees: 10 Company size: 21 Additional information: No, applicable in all circumstances
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