Important changes to ordinary termination for reasons of misconduct

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 employment law experts, however, welcome the new legislation as a step forward in guaranteeing employees' rights.

Law firm Križanec & Partners 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 courts.

Ordinary termination for reasons of misconduct and extraordinary termination

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'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.

Employee's statement concerning the alleged misconduct in the employer's written warning

Under the amendment to the Slovenian Employment Relationships Act (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.

Reduced period for repeated infringement of work duties and obligations

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.

For more information

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 Dinar Rahmatullin. We will be happy to answer your questions professionally and help you exercise your rights. We also invite you to read on our website the key changes introduced by the latest amendment to the ZDR-1.