Labour law

Labour law is the legal branch governing industrial relations at work.

Due to the specificities of the contractual employment relationship, labour law governs, in a complex manner, the protection and enforcement of the rights and obligations of workers in the employment relationship.

The labour law lawyer ensures the protection of the worker’s dignity and his rights, which are often infringed by reason of the worker’s position vis-à-vis his employer, and may also represent the employer in his business and the protection of his interests in the field of labour law.

Legal experts at the law firm Križanec represent in the courts both workers and employers, we participate in the preparation of general employer acts, in the preparation or termination of employment contracts, copyright contracts, business contracts, expiry of the competition clause and in other areas of labour law.

Lawyers from the law firm Križanec have a great deal of experience in the field of labour law and we represent our clients according to the highest international standards.

Law firm Križanec is based in Ljubljana, at Dalmatinova ulica 5.  


Employment relationship – criteria

In order for the employment relationship to be relevant in the specific case, the relationship between the worker and the employer must meet certain criteria or elements. These elements are as follows:

  • Integration into an organised work process: this means that the worker is an organisational part of the employer’s work process, performs daily work, as a rule, on the employer’s premises, at a given working time and using resources owned by the employer.
  • Personal work: The dean does the work in person and cannot do the work on someone else.
  • Continuous work: by engaging in an organised work process of the employer, the worker is involved with a view to the permanent exercise of work, i.e. (as a rule) without predetermined time of termination of the employment contract. An exception is a fixed-term employment contract, but it does not affect the fulfillment of that element.
  • Payable: the worker carries out the work for consideration, i.e. in return for payment and cannot waive payment in return for work. As a rule, the worker is as an existential dependent on the remuneration he receives from his employer.
  • Subordination of the worker: this means that the worker works as directed and under the supervision of the employer. Supervision of the performance of work means supervising the performance of the worker’s contractual and other obligations and compliance with the instructions given. The instructions are not an article of the employment contract but are the result of the management and coordination of the working process, and the worker is bound by these instructions. The instructions are unilateral, mandatory and relate directly to the performance of the work itself. In conjunction with the employer’s instructions, it should be noted that the instruction does not mean that the employer may order other work and tasks which do not fall within the context of the worker’s other obligations (for example, the dean of the faculty cannot, under the “instructions” order a professor who lectures at the faculty to shovel snow and clean lecture halls, as this does not fall within the context of the professor’s contractual obligations under the employment contract).

Knowledge of the elements of the employment relationship is important, since if the elements described above are fulfilled, the employee must not carry out work through s.p. or through a civil law contract (typically through an agreement or copyright contract) but must conclude an employment contract with his employer. Otherwise, the employer may be fined by serious financial penalties.

A good labour law lawyer must be determined, creative and analytical.

Employment contract

The conclusion of a contract of employment creates an employment relationship, with which the worker and the employer arrange for mutual rights, obligations and responsibilities in relation to the employment relationship. Below we describe some basic types of employment contract and some of the fundamental characteristics of the employment contract.

Lawyers and other legal experts at the Križanec Law Office in Ljubljana prepare employment contracts, conduct proceedings before the courts for the illegality of employment contracts and their unlawful terminations. A lawyer who has experience in the field of labour law should immediately recognise the illegality of the employment contract or termination of the contract and enforce the infringements before the competent national authorities or modify the employment contract accordingly or to modify the employment contract accordingly, which will be lawful and pursue the interests of the parties.

Legal experts from the Law Firm Križanec are able to protect the rights and interests of our clients in the field of labour law, both in judicial and extrajudicial proceedings with good energetic performance, excellent preparation for each case and understanding the field of labour law as a whole.

Aut viam inveniam aut facia.
We always either find a way or create it.

Work through S.P.A.

In the labour market, it is common practice for a person to work for a particular employer through s.p.. However, caution should be exercised, as such practices are often not in line with the law and can have a number of adverse consequences.

In assessing the admissibility of working through s.p., account must be taken of the elements of the employment relationship (these have already been described in more detail above). If the criteria described above are met, the worker is not allowed to carry out work through s.p., but must enter into an employment contract with the employer, since in substance it is an employment relationship.

Work through s.p. is thus essentially intended for the independent pursuit of activities for different clients. However, the possibility of working through s.p., where a sole proprietor carries out work for only one contracting authority, is the case if the sole trader has the status of an economically dependent person. Such status may be acquired by a self-employed person who does not employ workers himself and at the same time obtains at least 80 % of his annual income from the same contracting authority. In such a case, the self-employed person must inform the employer of the economic dependence at the end of the calendar year and provide appropriate evidence showing economic dependence. If a sole trader carries out work for only one employer (and is not an economically dependent person), it is a disguised employment relationship.

Control of this area is carried out by both FURS (breaches of tax law) and by the Labour Inspectorate, which may impose a fine on you in the event of a breach of labour law.

If you employ workers through s.p., and you are not sure whether such employment is in accordance with labour law, we recommend that you consult a lawyer for employment law. This will help you most successfully avoid fines and misdemeanours.

A labour law lawyer must ensure a personal and professional relationship, be responsive and highly professional, and the acquisition must follow the highest international standards.

Labor conflicts

If there is a dispute between the employer and the employee that they cannot resolve out-of-court, the dispute will be resolved by the Labour and Social Court. The Court may only give you information on the progress of the proceedings, but must not give you legal advice (e.g. what to do to succeed with your request). If you are not a good person of the law and do not know how to deal with the matter, we advise you to consult someone with experience in the field of employment law.

Lawyers at the Law Firm Križanec from Ljubljana represent both workers and employers in the field of labour disputes. We provide legal assistance to our clients, making sure that their employment rights are always respected and exercised.

To this end, we are in charge of proceedings for violations of employment rights, as well as compensation procedures in the event of damage caused by a breach of labour law. Since lawyers at the Law Firm Križanec know exactly the law of employment, our representation in labour disputes is effective and effective.


Action on a declaration of unlawful termination

Under Slovenian labour law legislation, the employer does not have the possibility of terminating the employment contract of the worker for any reason. If he wishes to resign, there must be reasons for doing so.

If the worker considers that his employer has failed his employment contract inaumantically, he or she may bring an action before the Employment and Social Court for a declaration of unlawful termination. The employee can claim a return to work by legal action, and in connection with this, he has several other possible claims. However, the worker must pay attention, as he is bound by certain time limits, after which he will no longer be able to make such a claim.

If you do not have extensive knowledge in the field of labour law, we advise you to consult a labour law lawyer before launching an action. A labour law lawyer will be able to advise you on whether the court proceedings make sense in your case and what the prognosis is for success. In case you decide to file a lawsuit, we advise you to be assisted in the composition of the lawyer.

An action for unlawful dismissal must be brought within 30 days of the date of receipt of the dismissal.

Trial work

The worker and the employer may agree to the worker’s probation work in the employment contract. This makes particular sense when the employer wishes to employ a worker, but he is not entirely sure whether the worker has the appropriate skills to carry out the work. The trial work may take up to 6 months. The employer must inform the worker of who will be his mentor and how he will assess him during the duration of the probation job. If, during the duration or on the course of the probation work, the employer finds that the probation worker has failed, he or she may terminate the employee’s employment contract on a regular basis.


Competition prohibition and competition clause

A competitive prohibition and a competition clause are very common components of an employment contract, so it is important to understand the difference between them and what the consequences have for both the worker and the employer.

A competition prohibition is a statutory prohibition on competitive activity, which means that, during the duration of the employment relationship, a worker may not, without the written consent of the employer, carry out part of or conclude transactions which fall within the employer’s actual activity which constitute or are able to constitute competition for the employer. If the worker has a break in that obligation, this may be the reason for the dismissal and the worker may be liable for the damage caused to the employer as a result. If you have an intention, during the duration of the employment relationship, to pursue an activity for which you are not sure if it is a competitive employer, we advise you to contact a lawyer for employment law for this purpose

The competition clause, however, constitutes a contractual prohibition of competitive activity. It is an agreement between the worker and the employer that a worker who has acquired technical, productive or business knowledge or business connections in the course of his work will not carry out a competitive activity after leaving work with the employer. The competition clause may be agreed for a maximum period of two years after the termination of the employment contract. The competition clause must be determined by a reasonable time limit on the ban on competing and must not exclude the possibility of suitable employment of the worker. In order to comply with the competition clause, a worker is entitled to compensation if, in order to comply with the competition clause, he is unable to obtain earnings comparable to his previous salary. The financial allowance shall be determined by contract of employment. There is also a possible penalty for non-compliance with the competition clause.

If you, as an employer, have detected a breach of a competitive prohibition or a competitive clause on the part of the worker, consult a labour law lawyer about possible course of action. At the Law Firm Križanec we will be happy to receive your call or e-mail and consult with you on the follow-up. Contact details are provided below.

Acts of the Employer

General acts of the employer are acts adopted by the employer and which employees must comply with and comply with as well as other applicable rules. By these acts, the employer shall regulate the organisation of work and the obligations to be observed by workers in the performance of their work. Some employer acts are mandatory. For example, the law provides that every employer (except a smaller employer) is to adopt an act on the systemisation of jobs. In this act, the employer shall lay down the conditions for carrying out work in a particular workplace. Since the employer must take appropriate measures to protect workers from sexual and other harassment or harassment in the workplace, the employer must in principle also adopt a rules on preventing harassment and maltreatment in the workplace (‘Mobing Policy’). In addition, it is necessary to adopt a Safety Statement with a risk assessment, as well as some other general acts.

At the Law Firm Križanec we ensure that the procedures in the company are managed legally and optimally. To this end, we are preparing draft general acts of the company in the field of labour law. These must be drawn up in a thoughtful and accordance with the law, as these are important regulations with far-reaching consequences.


If you are interested in working law more – you can also read some of the most common questions with answers drawn up by lawyers in our office: Lawyer answers: employment law, employment relationships.