Special Provisions on Employment Contracts

The Employment Relationships Act (Zakon o delovnih razmerjih – ZDR-1) provides, for certain situations — depending on the nature of the work, the status of the employee, or the circumstances of employment — for specific types of contracts with additional or different mandatory provisions. What are these special provisions and what must each specific type of contract contain?

Fixed-Term Employment Contract

Used in exceptional cases that are exhaustively listed by law (e.g. replacing a temporarily absent employee, a temporary increase in workload).

• Additional content: In addition to the general mandatory elements, the contract must, in accordance with Article 54 of ZDR-1, contain the precise reason for the fixed-term conclusion (e.g. "replacing an employee on maternity leave") and a provision on the manner of taking annual leave.

Employment Contract for the Provision of Work to Another User (Agency Work)

Concluded between the employee and the employment agency.

• Additional content: An agreement that the employee will temporarily work with various user undertakings, at the place and time determined by the assignment to a user undertaking. It must include a provision on remuneration for periods during which the agency does not assign the employee to a user undertaking (the allowance must not be less than 80 % of the base), and a provision stating that the level of remuneration for work and allowances will depend on the actual performance of work with user undertakings.

Employment Contract for the Performance of Public Works

Concluded between the employer — as the public works contractor — and an unemployed person participating in a public works programme.

• Additional content: The salary is determined as a proportion of the minimum wage based on the participant's level of education under the Slovenian Qualifications Framework (ranging from 100 % to 125 % of the minimum wage) and is not freely negotiable (Article 52 of ZUTD).
• Annual leave is fixed at exactly four weeks; additional days are available only in cases expressly provided for by ZDR-1.

Part-Time Employment Contract

The employee works fewer hours than the full-time working hours applicable at the employer.

• Additional content: A clear statement of the number of hours per week or per day. It is important to include a provision that the employer may not require work beyond the agreed hours, except in exceptional circumstances (e.g. natural disasters), unless otherwise agreed in the contract. Rights are exercised on a pro-rata basis in proportion to working time.
• Where an employee concludes part-time employment contracts with more than one employer, the employee must reach agreement with all of them regarding working hours, the manner of taking annual leave, and other absences from work.

Employment Contract for Work from Home

The employee performs work at their own home or at premises of their choosing.

• Additional content: An agreement on the amount of compensation for the use of the employee's own resources (electricity, internet, equipment) and provisions on ensuring safe working conditions. The employer must notify the Labour Inspectorate of such a work arrangement. The employee and employer may also agree in the contract whether the employee will work from home for the entire duration or only part of their working time.

Employment Contract with a Managing Officer or Authorised Signatory (Prokurist)

Due to the specific nature of management, the law permits greater contractual freedom.

• Additional content: The parties may regulate the matters of working hours, breaks, rest periods, remuneration, disciplinary liability, and the manner of termination of the contract differently (and more flexibly), without being bound by the strict statutory limitations that apply to other employees.

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Each of the special forms of employment contract has its own pitfalls — for both the employer and the employee. A contract that is not sufficiently precise or is incorrectly drafted can quickly give rise to employment disputes.

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