Based on my regular work experience and work practice, I have found that there is an administrative hurdle in the event of a vacancy being advertised. Article 23(1) of the Labour Relations Act (hereinafter referred to as the "LRA") states that an employer who recruits new employees must publicise the vacancy. The vacancy notice must contain the conditions for the job and the deadline for applying, which must not be less than eight days.
Public announcement shall be deemed to be an announcement in the official premises of the Employment Service of the Republic of Slovenia (hereinafter referred to as the Employment Service), on the Employment Service's website, as well as in the mass media.
I note that Article 23(1) of the Employment Act constitutes an administrative obstacle, in particular in cases where the employer has already agreed on or has already selected the employee.
I assume that there are the following reasons for simplification:
a) On the employer's side; I understand that the posting of a vacancy on the employer's side serves to attract the best possible pool of candidates, from which the employer then selects the best one. However, it seems to me unreasonable that, simply because the law is cited, an employer should advertise a vacancy even if it has already selected a candidate. In practice, the employer must in this case at least advertise the vacancy on the official premises of the Institute, or at least internally (without publishing it on the Internet). This means that the official recruitment of the employee still has to wait for the deadline to expire. I see no reason why an employer should have to wait another 8 days for the application deadline to expire in order to recruit a worker who, in most cases, is needed immediately.
b) On the employer's side; I understand that the posting of a vacancy allows for equal application or competition among all candidates who meet the conditions of the vacancy. However, if a candidate applies for a post that has already been 'advertised', I consider that this is a waste of time and energy for the candidate.
c) On the part of the Institute, the publication or advertisement on the official premises of the Institute of a post already 'advertised' represents a material and personnel cost which I consider to be unnecessary.
In the light of the above, I consider that Article 23(1) of the Staff Regulations should be amended for reasons of flexibility. My proposal is to add to this paragraph the sentence:
'If the employer has already made arrangements for the recruitment of the worker and does not need the assistance of the Employment and Social Security Agency to find the worker, it is sufficient for the employer to simply register the selected worker at the start of the work'.