Area: Delovno pravno
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 836
Initiative accepted and completed: '2020-05-28'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2017-10-12'
Initiative published: '2017-10-12'
Initiative submitted: '2017-10-12'
Response from the competent authority: Reply from the Ministry of Labour, Family,
  Social Affairs and Equal Opportunities:The main objective of the 2013 labour market
  reform was to reduce segmentation in the labour market between fixed-term and permanent
  contracts. Despite legislation clearly stating that permanent contracts are the
  rule and fixed-term contracts can be the exception, the opposite has happened in
  practice. It should be borne in mind that the very nature of a fixed-term employment
  contract carries with it a certain degree of fundamental insecurity, which may result
  in lower real economic and social security for individuals as a result of a chain
  of fixed-term employment contracts, either with the same or different employers.
  Against this background, the labour market reform, with the agreement of the social
  partners, has not limited itself to measures to increase monitoring, but has sought
  to address or at least limit the reasons why employers have chosen to engage in
  fixed-term contracts through a range of different measures. One of these measures
  is the introduction in 2013 of a severance payment in the event of termination of
  a fixed-term contract. Exceptions to the obligation to pay a severance payment are
  provided for in cases of objective need, where a fixed-term contract is not an adequate
  alternative to an open-ended contract. Four years on, the 2013 labour market reform
  has had a positive impact towards the objectives set - the share of permanent employment
  has increased. In line with the above, we conclude that the purpose of the severance
  payment in the case of fixed-term contracts is coherent and proportionate to the
  objective it pursues and as such remains reasonable.With regard to the proposal
  to establish communication between the Institute and employers in cases where an
  unemployed person refuses an offer from the employer to extend his/her employment
  and, after becoming unemployed (due to the termination of a fixed-term employment
  contract), claims unemployment benefits, we further clarify that it is very important
  for the work of the Institute to be in contact with employers whose employees register
  in the unemployment register after the expiry of a fixed-term employment contract.
  In view of the above, the proposal makes sense in particular in terms of identifying
  the worker's motivation for leaving the employment relationship (worker's motivation,
  career orientation, any other problems or obstacles to such employment, etc.), the
  cooperation of the Institute with the employer in securing a new suitable worker,
  encouraging the employer to employ the worker on a more permanent basis (as this
  would be likely to lead to fewer departures of the worker), as well as alerting
  the employer of any other problems as a reason for the departure of the worker.
  The purpose of the Institute's closer cooperation with employers is therefore to
  improve the quality of its work with both the unemployed and employers, and thus
  to contribute to a more favourable labour market situation (not least because of
  the consequent reduction in the number of applications for cash benefits).In order
  to establish communication with employers whose workers, for various reasons, have
  refused to extend their employment relationship, the Institute has already started
  to draw up guidelines for regional labour offices on how to deal with such cases,
  via the central office for employers.As regards unemployment rights (in particular
  the right to a cash benefit), it should be noted that the fact that the employment
  relationship has ended without the worker's fault or will is essential for the assessment
  of entitlement to these rights, as is the expiry of a fixed-term employment contract
  (which the worker must prove to the Employment Service by submitting an employment
  contract). However, there is no adequate legal basis for establishing the existence
  of any subjective reasons on the part of the worker for not wishing to renew his
  employment, despite the option offered by the employer, since such subjective reasons
  cannot even be established with a sufficiently high degree of probability to be
  sufficient, in the context of the administrative procedure in question, for an appropriate
  administrative decision to be taken. Moreover, the reason for the termination of
  the employment relationship in such a case is a statutory one - the expiry of the
  fixed-term employment relationship, which is not the result of either the will or
  the fault of the employee.We would add, however, that employers who, in practice,
  often test their employees by concluding fixed-term (short-term) employment contracts
  (e.g., by means of a fixed-term contract or a fixed-term contract) often have a
  practice of concluding fixed-term (e.g., by means of a fixed-term contract or a
  fixed-term contract). Under the provisions of the Labour Relations Act (LRA-1),
  employers may also test workers by concluding an employment contract for an indefinite
  period of time with a probationary period of up to six months; in such a case, the
  employer may, during the probationary period or at the end of the probationary period,
  terminate the employment contract of the worker on a regular basis, if the employer
  determines that the worker has not successfully completed the probationary period
  of the probationary period. This avoids the employer being unexpectedly left without
  a worker, whereas if the worker no longer wished to work for the employer, he would
  have to terminate his contract of employment on a regular basis, which would make
  it impossible for him to obtain unemployment benefits.
Text file: 836.txt
Title: Payment of severance pay for fixed-term work
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=836
