I propose to the Government of the Republic of Slovenia to amend Article 200(3) of the Labour Relations Act (LRA-1). Many employees do not know how to proceed in the event of termination of their employment, and thus miss the deadline when they could still exercise their rights. This leads to social hardship and makes it even more difficult for them to find a new job. The 30-day time limit for bringing an action before the Labour and Social Court is far too short and, as such, to the detriment of uninformed employees and to the benefit of employers. I therefore propose that this time limit be extended to 1 year.
The amendment of Article 200(3) of the Labour Code thus brings better protection for employees.
The current regime:
Article 200 (enforcement of rights against the employer and judicial protection) (1) If an employee considers that the employer is not fulfilling his obligations under the employment relationship or is infringing any of his rights under the employment relationship, he has the right to demand in writing that the employer remedy the infringement or fulfil his obligations. (2) If the employer fails to comply with its obligations under the employment relationship or to remedy the infringement within eight working days of the written request served on the employee, the employee may, within 30 days of the expiry of the period for compliance or remedy by the employer, apply for judicial redress before the competent labour court. (3) The employee may apply to the competent labour court for a declaration that the termination of the employment contract, other means of termination of the employment contract or a decision on the employee's disciplinary liability are unlawful within 30 days from the date of service of the notice or from the date on which the employee became aware of the infringement of the right. (4) Notwithstanding the time limit referred to in paragraph (2) of this Article, an employee may pursue monetary claims arising out of the employment relationship directly before the competent labour court. (5) An unsuccessful candidate who considers that the statutory prohibition of discrimination has been infringed in the selection procedure may, within 30 days of receipt of the employer's notification, seek judicial redress before the competent labour court.
Amended regulation:
Article 200 (enforcement of rights against the employer and judicial protection) (1) If an employee considers that the employer is not fulfilling his obligations under the employment relationship or is violating any of his rights under the employment relationship, he shall have the right to demand in writing that the employer remedy the violation or fulfil his obligations. (2) If the employer fails to comply with its obligations under the employment relationship or to remedy the infringement within eight working days of the written request served on the employee, the employee may, within 30 days of the expiry of the period for compliance or remedy by the employer, apply for judicial redress before the competent labour court. (3) The employee may seek a declaration of the unlawfulness of the termination of the employment contract, other means of termination of the employment contract or a decision on the employee's disciplinary liability before the competent labour court within one year from the date of service of the notice or from the date on which the employee became aware of the infringement of the right. (4) Notwithstanding the time limit referred to in paragraph (2) of this Article, an employee may pursue monetary claims arising out of the employment relationship directly before the competent labour court. (5) An unsuccessful candidate who considers that the statutory prohibition of discrimination has been infringed in the selection procedure may, within 30 days of receipt of the employer's notification, seek judicial redress before the competent labour court.