Introduction of the right to disconnect

The amendment to the Employment Relationships Act (ZDR-1D) introduces an important novelty into the Slovenian legal order - the right to disconnect. This employment law right 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 dispute between the employee and the employer concerning the right to disconnect, the burden of proof will be on the employer.

Exercising the right to disconnect

According to Article 142.a of ZDR-1 , 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'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.

The importance of the right to disconnect for workers

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.

For more information and legal advice

Križanec & Partners 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 Dinar Rahmatullin. You can read about all the key changes introduced by the amendment to the ZDR-1 on our website, including important changes to ordinary termination of an employment contract for reasons of misconduct.