15. 11. 2016

Changes in case law regarding the determination of existence of employment relationship

The Supreme Court of the Republic of Slovenia changed its yearlong case law regarding claims to determine the existence of an employment relationship, due to the dismissal of claims. The ruling in question paves the way to easier exercise of actions connected to the termination of the employment relationship.

To date, case law established by the Slovene courts entailed that the existence of an employment relationship could not be determined after its expiration where a plaintiff did not simultaneously claim that the employment relationship had been terminated unlawfully.

In ruling no. VIII Ips 258/2015 of 5 April 2016, the Supreme Court of the Republic of Slovenia took a different tack from established case law. In its explanation, the Court stated that ZDR-1 does not explicitly foresee the deadlines and the procedure for exercising the right to claim the existence of an employment relationship and that previous case law was too stringent in that regard.

The Supreme Court of the Republic of Slovenia ruled that an employee, who exercises his/her right to claim for determination of existence of an employment relationship, is not obliged to simultaneously claim that the employment relationship was terminated unlawfully, as such employment relationship formally does not exist at the moment of exercising of the right.

The plaintiff remains obliged to exercise the right to claim the existence of employment relationship within 30 days of termination of the employment relationship (i.e. exercised work), which is the same time limit within which an employee can seek legal protection in case of unfair dismissal. This deadline remains unchanged.

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