European Restructuring Monitor (ERM)
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.
49, 54, 65-67, 138, 144-146 and 148-149
Overtime work may not exceed 8 hours a week, 20 hours a month or 170 hours a year. A working day may not exceed 10 hours. With the worker’s consent, overtime work may exceed the annual time limitation, but may not exceed 230 hours a year and the worker has a right to refuse such a request without being exposed to unfavourable consequences due to refusal. Upon the employer’s request, the worker is obliged to perform overtime work:
As a rule, the employer must require the worker to carry out overtime work in writing prior to the commencement of the work. Should it not be possible, due to the urgency of the overtime work to be performed, the worker may be allocated overtime work orally and a written order shall subsequently be given to the worker no later than by the end of the working week after the completion of the overtime work.
Overtime work may not be imposed if the work can be performed within the full working time by means of appropriate organisation and distribution of work, distribution of working time by introducing new shifts or employing new workers.
An employer may not impose work exceeding full-time work on:
The distribution and the conditions for temporary redistribution of working time are to be defined in the employment contract. Before the beginning of a calendar or business year, the employer shall provide the yearly distribution of working time and notify the workers as well as the company trade union. In the case of regular distribution, full working time may not be distributed to fewer than four days a week. If a worker proposes a different distribution of working time, the employer must justify their decision in writing.
The working time may be distributed temporarily and irregularly. The employer must inform the workers in writing of the temporary redistribution of working time no later than one day prior to the distribution of the working time. In the case of irregular distribution and temporary redistribution of full working time, the working time may not exceed 56 hours a week.
In the case of irregular distribution and temporary redistribution of working time, full working time is considered as an average working obligation during a period that may not exceed six months. Trade unions, the works council or the workers’ representative at the employer have a right to be informed once a year about the distribution of working time, the performance of overtime work or the temporary redistribution of working time.
A worker who performed more working hours during a calendar year than are laid down for full-time work may, upon their request, have their surplus hours converted into full-time working days.
Prohibition of overtime work for certain groups also applies to redistribution of working time.
In the event that the employer temporarily cannot provide work to the worker, with the aim of preserving employment, the employer may temporarily lay-off the worker by written notice, but this period may not exceed six months in one calendar year. In this case, the worker is entitled to wage compensation in the amount of 80% of the wage basis (e.g. the average monthly salary which the worker received or which the worker would have received if working during the last three months).
If workers cannot word due to force majeure, they are entitled to 50% of the payment they would have received while working, but not less than 70% of the minimum wage.
During the time of a temporary lay-off the worker is obliged to respond to the employer’s invitation to come to work in a manner and under the conditions laid down in the lay-off letter. If requested by the employer during the time of temporary lay-off, the worker is obliged to undergo education in accordance with the requirements of the working process with the purpose of maintaining and/or improving the skills to perform the work under the employment contract, to keep employment and increase employability.
The state supported temporarily laid off workers and employees working part-time with partial wage compensations four times: during the financial crisis in 2009-2010, the COVID-19 pandemic 2020-2021, the energy crisis from January to June 2023, and disastrous floods in autumn 2023. The state support aimed to stabilise employment and support workers’ income.
During 2009-2010, 65,819 people worked part-time, and 19,362 were temporarily laid off. In 2020-2021, the take-up of the temporary layoff (215,426 workers from March 2020 to June 2021) was more prevalent than short-time work (52,779 from June 2020 to September 2021). The study, prepared by the Analytical Department at the Ministry of Labour, emphasised the importance of both schemes in retaining jobs during the COVID-19 pandemic. The number of take-ups peaked twice, first in April 2020 (176,151) and again in November 2020 (93,892). Furthermore, subsidies in the event of quarantine and force majeure (98,835 people from March 2020 to March 2022) were essential in assisting employees who were unable to come to work owing to quarantine, childcare duties, or other restraints. According to the study, the crisis would result in higher unemployment without both measures (MDDSZ, 2022).
Eurofound (2015), Slovenia: Working time flexibility, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/working-time-flexibility/slovenia
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