University:
University College London
Course:
LAWS0017 | Employment Law
Academic year:

2024
Views:

125

Pages:

2
Author:

Nam B.

The Rules on Employment Contracts and Collective Agreements and Their Power to Shape Employment Relations in Slovenia Presented by: Prof. Dr. Strban Date: 3 June 2023 The Employment Relationship - Article 4 ERA: the employment relationship is an relationship between the employee and employer, in which the employee voluntarily partakes in the organized labor process of the employer and carries out, for remuneration, continuous work under his instructions and supervision. - Article 18 ERA: if the existence of an employment relationship is disputed, it is presumed that the latter exists if the elements of an employment relationship are present. - Article 13 ERA: unless provided by law, work cannot be carried out on grounds of civil law contracts if the elements of an employment relationship are present. - Bypassing the law? Economically Dependent Person - Article 213 ERA: an economically dependent person is an self- employed person who, on grounds of civil law contracts, personally, for remuneration, independently and on a long-term basis carries out work in the circumstances of economic dependency (80% of annual revenue by same client) whilst not employing workers (his/herself). - Article 214: in such cases, limited labor protection applies, concerning prohibition of discrimination, minimum notice periods, valid termination reasons, collectively guaranteed rates of pay, damage liability. - Does it work in practice? Letting Go Of The Old - Amendment to the ERA and PEA: in 2020, the Parliament amended the provisions of the ERA and the PEA, as to allow for the termination of employment contracts of employees, fulfilling old- age retirement criteria, without a substantiated business reason. - The amendment revoked by the Constitutional Court, but on what grounds?