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<h2>Extraordinary termination</h2>The concept of extraordinary termination of an employment contract is an important legal mechanism in <a href="https://www.krizanecpartners.com/en/cat/employment-law">employment law</a> that allows an employee to terminate their employment contract, and thus their employment relationship, in the event of serious breaches of obligations by their employer, by unilateral declaration of will, with the right to severance pay and compensation. Article 111 of the Employment Relationships Act (ZDR-1) specifies in detail which cases of serious misconduct by the employer allow the employee to give extraordinary notice of termination.Extraordinary termination of the employment contract for misconduct by the employer thus has a significant impact on working conditions. Employees are increasingly aware of their rights and of the possibility to take action when their rights are violated. This also increases the responsibility of employers to fulfil their obligations towards workers and to comply with employment legislation.Examples of serious misconduct by the employerRecently, there has been an increase in the number of cases where employers are late in paying wages. Wages are often paid in several instalments after the due date, and in some cases employees do not receive their wages at all. The amendment to the <a href="https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina/2023-01-3325">ZDR-1D</a> has provided for the right to extraordinary termination by the employee also in cases where the employer fails to pay wage compensation, and not only in cases where the employer fails to pay wages.Such practices by employers constitute serious breaches of obligations and justify workers to give extraordinary termination of their employment contract. In all cases, the employment relationship is terminated immediately, without period of notice, and the worker is entitled to severance pay and compensation for loss of pay during the notice period.<h2>Extraordinary termination procedure</h2>Before giving an extraordinary termination, the employee must inform the employer in writing of the breaches and request that they be remedied. He or she must also inform the Labour Inspectorate of the breaches. If the employer fails to remedy the breaches within three working days, the worker may give extraordinary termination within 30 days.<h2>Employer’s liability for damages</h2>If the employer still owes the employee payments after the extraordinary termination, the employee must take <a href="https://www.krizanecpartners.com/en/cat/dispute-resolution">judicial action</a> to recover the debt. Article 135 of the Employment Relationships Act provides that a pay slip is an authentic instrument on the basis of which the employee may bring a direct enforcement action without bringing an action before the labour court.Payment of debts after termination Even if the employer settles arrears, including wage arrears, recourse payments, untaken leave and any compensation claims, after receiving an extraordinary termination notice, this does not affect the lawfulness of the termination. The courts have clarified that the written warning is only intended to inform the employer of the breaches, not to remove the reason for the termination.<h2>More information and legal advice</h2><a href="https://www.krizanecpartners.com/en">Križanec &amp; Partners</a> Law Firm in Slovenia has extensive experience in the field of employment law. Our lawyers provide expert advice and legal representation to employers and employees in all employment law proceedings. For further information please contact our employment law experts, Attorney at law <a href="https://www.krizanecpartners.com/en/strokovnjaki/dinar-rahmatullin">Dinar Rahmatullin</a> and Attorney at laws <a href="https://www.krizanecpartners.com/en/experts/janja-koncan">Janja Končan</a>. We also invite you to read on our <a href="https://www.krizanecpartners.com/en">website</a> the key changes introduced by the latest <a href="https://www.krizanecpartners.com/en/insights/important-changes-to-ordinary-termination-for-reasons-of-misconduct">amendment to the ZDR-1</a>, including important changes to <a href="https://www.krizanecpartners.com/en/insights/important-changes-to-ordinary-termination-for-reasons-of-misconduct">ordinary termination of an employment contract for reasons of misconduct</a>.

The extraordinary termination allows the employee to terminate their employment immediately in the event of serious misconduct on the part of the employer.

Extraordinary termination of an employment contract for serious misconduct by the employer

The amendment to the Employment Relationships Act (ZDR-1D) introduces an important novelty into the Slovenian legal order - the right to disconnect. This <a href="https://www.krizanecpartners.com/en/cat/employment-law">employment law right</a> allows workers to disconnect from the work process and work-related communication outside working hours, which contributes to their physical and mental health, better reconciliation of work and private life and greater gender equality.Although some employers may see the right to disconnect as a constraint, this novelty also has positive effects for businesses in the long term. Rested and happy workers are more productive, less likely to miss work due to sickness and more committed to their work. Measures to enforce the right to disconnect can lead to better work organisation, clearer communication channels and more efficient time management.The challenge for employers is how to take measures to ensure a smooth working process on the one hand and respect the right to disconnect on the other. The right to disconnect may not be respected only in exceptional circumstances, which must be justified and foreseen in advance. In the event of a <a href="https://www.krizanecpartners.com/en/cat/dispute-resolution">dispute</a> between the employee and the employer concerning the right to disconnect, the burden of proof will be on the employer.<h2>Exercising the right to disconnect</h2>According to <a href="https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina/2023-01-3325">Article 142.a of ZDR-1</a> , which entered into force on 16 November 2023, employers must provide workers with the right to disconnect. This means that the worker is not at the employer&#039;s disposal during the exercise of the right to rest or during justified absences from work. The employer must take the appropriate measures provided for in the collective agreement, which must be notified in writing to the workers. The measures must be taken by 16 November 2024 at the latest.The employer must describe the right to disconnect and any measures taken in an appropriate way (internal website, notice board). The right to disconnect must be particularly respected during holidays, weekends, periods of sickness and annual leave. Meetings must be organised within working hours, taking into account lunch breaks and with sufficient notice (at least 48 hours in advance). When dealing with e-mail, it is recommended to use automated answering machines in the event of absence, to send delayed e-mails after working hours, to fix the time of use of company e-mails and to avoid sending messages outside working hours.<h2>The importance of the right to disconnect for workers</h2>The right to disconnect has a number of positive effects on workers. It reduces stress and prevents burnout, which are common consequences of being constantly tied to work. It improves quality of life, as workers can spend quality time with their families and pursue hobbies and personal interests. The right to disconnect also contributes to gender equality as it often allows for a better reconciliation of work and family responsibilities, which is particularly important for women workers who often bear a greater share of the burden of household chores and caring for the family.<h2>For more information and legal advice</h2><a href="https://www.krizanecpartners.com/en/cat/dispute-resolution">Križanec &amp; Partners</a> Law Firm in Slovenia has extensive experience in employment law. Our lawyers provide expert advice and legal representation to employers and employees in all employment law proceedings. For further information and legal advice on the right to disconnect and other questions related to employment law, please contact our employment law expert, Attorney at law <a href="https://www.krizanecpartners.com/en/experts/dinar-rahmatullin">Dinar Rahmatullin</a>. You can read about all the key changes introduced by the amendment to the ZDR-1 on our <a href="https://www.krizanecpartners.com/en/insights/amendment-to-the-employment-relationships-act">website</a>, including important changes to <a href="https://www.krizanecpartners.com/en/insights/important-changes-to-ordinary-termination-for-reasons-of-misconduct">ordinary termination of an employment contract for reasons of misconduct</a>.

With the adoption of the amendment to the Employment Relationships Act (ZDR-1D), a novelty was introduced into the Slovenian legal order, which guarantees employees the right to disconnect. This is an important right that allows workers to limit their working time and to better reconcile their professional and private life.

Introduction of the right to disconnect

The amendment to the Slovenian Employment Relationships Act (ZDR-1D) introduces important changes to the written warning before ordinary termination for reasons of misconduct. A key novelty is the introduction of a mandatory statement concerning the alleged misconduct at the request of the employee before the employer takes a final decision on termination of the employment contract.The amendment thus protects employees from unfounded terminations and allows them to make a statement on the alleged misconduct. It should also encourage better communication between employers and employees and prevent future misconduct. Some employers are unhappy about the new rules, as they believe it will make the dismissal process more difficult. Trade unions and <a href="https://www.krizanecpartners.com/en/cat/employment-law">employment law</a> experts, however, welcome the new legislation as a step forward in guaranteeing employees&#039; rights.Law firm <a href="https://www.krizanecpartners.com/en">Križanec &amp; Partners</a> in Slovenia has extensive experience in all employment law matters. Our lawyers provide expert advice and legal representation to employers and employees in employment termination proceedings, including the revised procedure of written warning prior to ordinary termination for reasons of misconduct and enforcing rights and obligations under the employment relationship before the <a href="https://www.krizanecpartners.com/en/cat/dispute-resolution">courts</a>.<h2>Ordinary termination for reasons of misconduct and extraordinary termination</h2>Ordinary termination for reasons of misconduct is one of the forms of termination that employers can use when an employee breaches contractual or other obligations under the employment relationship. Culpable cause refers to (relatively) minor breaches of the employee&#039;s obligations, which may lead to termination of the employment relationship. The lawfulness of such termination requires that the employee has been warned in advance of the obligations to be fulfilled and of the possibility of termination if they breach contractual or other obligations under the employment relationship again.The difference between ordinary termination for reasons of misconduct and extraordinary termination lies in the procedure and conditions for their application. In the case of ordinary termination for reasons of misconduct, the employee must first be given written notice, whereas in the case of extraordinary termination, no such notice is required. Extraordinary termination is envisaged as a measure of last resort for the most serious breaches of work obligations, which are explicitly listed in the law and require immediate termination of the employment relationship, while ordinary termination for reasons of misconduct allows for a certain degree of corrective action before the final termination of the employment contract.<h2>Employee&#039;s statement concerning the alleged misconduct in the employer&#039;s written warning</h2>Under the <a href="https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina/2023-01-3325">amendment to the Slovenian Employment Relationships Act</a> (ZDR-1D), an employee has the right to respond to the alleged misconduct within a reasonable period, which may not be shorter than three working days and not longer than 30 days, after receiving a written warning to comply with the obligations and the possibility of termination. The defense may be oral or written, whereby the employer must deliver a reasoned decision on the written warning within eight days following the defense. The decision must include and address any arguments put forward by the employee. The trade union, works council, worker representative or other authorized person may participate in the defense procedure.<h2>Reduced period for repeated infringement of work duties and obligations</h2>The period of time for an employer to bring an alleged misconduct against an employee is also shortened. An employee who has been served with a written warning has six months to avoid a repeated misconduct, otherwise the employer may ordinarily terminate their contract for reasons of misconduct. A longer period, but not more than 18 months, may be laid down in a collective agreement at sector level.<h2>For more information</h2>For more detailed information on the amended written notice before termination procedure and other employment law issues, please contact our employment law expert, Attorney at law <a href="https://www.krizanecpartners.com/en/experts/dinar-rahmatullin">Dinar Rahmatullin</a>. We will be happy to answer your questions professionally and help you exercise your rights. We also invite you to read on our <a href="https://www.krizanecpartners.com/en">website</a> the key changes introduced by the latest <a href="https://www.krizanecpartners.com/en/insights/important-changes-to-ordinary-termination-for-reasons-of-misconduct">amendment to the ZDR-1</a>.

The amendment to the Slovenian Employment Relationships Act (ZDR-1D) introduces important changes to ordinary termination for reasons of misconduct. The employer must warn the employee in writing of the misconduct, give the employee an opportunity to respond to the alleged misconduct and consider the employee’s arguments before terminating the employment contract.

Important changes to ordinary termination for reasons of misconduct

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Dinar is a partner at Križanec &amp; Partners. Dinar provides legal counsel to both domestic and foreign corporations, specializing in Mergers and Acquisitions, Competition and Antitrust, Administrative Law and Regulatory, Employment Law, and Tax Law. His expertise encompasses a diverse range of industries, with a focus on Real Estate and Construction, Healthcare and Pharmaceuticals, Gaming and Gambling, Sports, Telecommucations and IT.Dinar is a post-graduate of the University of Ljubljana, Faculty of Law.Dinar is fluent in Slovene, English, and Russian.

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