The employment contract and the employment procedure
- Free Workplace Notice (Form PDM-1) for d.o.o.
- Registration of a worker in compulsory social insurance for a company (form M-1)
The employment contract means the conclusion of an employment relationship. You can conclude an employment relationship for an indefinite or definite period of time.
What is the procedure for recruiting?
First publish a vacancy, choose a candidate, sign an employment contract with him, then register your new employee with compulsory social security as an employer.
Publication of a vacancy
In principle, it is mandatory to publish a vacancy for your company, except in the cases listed below.
A free job can be published free of charge Zavod RS za zaposlovanje (ZRSZ) or you choose to publish it in the media, on websites or in your publicly available business premises.
In the event that you inform the ESS about a vacancy, it can send you candidates from your records to help find staff. The vacancy notice can be sent to the ESS:
When do you not need to publicly announce a vacancy?
There are certain exceptions when the employment contract can be concluded without public announcement. Here are some examples:
- employment of a manager, procurator and managers (also applicable in the case of self-employment),
- employment of shareholders in a legal person,
- the conclusion of a new employment contract between a worker and an employer as a result of changed circumstances,
- employment of a disabled person according to the law regulating the employment of disabled persons,
- fixed-term employment, by its nature, of a maximum duration of three months in a calendar year or fixed-term employment for the replacement of a temporarily absent worker,
- full-time employment of a person who was part-time with the employer,
- employment of family members of an employer who is a natural person Več+ (ZDR-1, 26. člen).
When should a vacancy be required to register with the Employment Service of Slovenia (ZRSZ)?
If you are an employer from a public sector or a majority state owned company, you must publish a vacancy in the ESS, as Zakon o urejanju trga dela (ZUTD-A).
This also applies if you intend to recruit an alien in your company. In this case, after receiving a completed form, the ESS will give you a written notice of the existence of the relevant persons in the register of unemployed persons before applying for a work permit.
2. Conclusion of a contract of employment
The employment contract must be concluded in writing.
Each contract is concluded when signed by both parties: the worker and the employer.
You can conclude a contract for an indefinite or fixed time and for full or part time full-time. A worker who has entered into a part-time employment contract has rights and obligations arising from an employment relationship in proportion to the time for which he has entered into an employment relationship. Certain specificities apply to workers who work part-time in accordance with special regulations (pension and disability insurance, health insurance, parental protection). In these cases, the employee has the right to social security, as if he were working full time.
A fixed-term contract is an exception, for which enforcement must be subject to certain reasons.
A fixed-term employment contract (for performing the same work assignments) is concluded for the time it takes to complete the work. The contract for the same work is limited to a maximum of two years, unless it concerns:
- replacing a temporarily absent worker,
- employment of an alien or stateless person,
- manager or procurator,
- a leading worker,
- elected, appointed official,
- another worker depending on the authority of the body, or
- an official in local communities, political parties, trade unions, chambers, societies and their associations,
- project work lasting more than two years and the employment contract is concluded for the duration of the project, and in cases stipulated by law.
The time limit does not apply in cases of replacement of a temporary absent worker, as well as not in the case of a project that lasts for more than two years.
The employer may set a probationary period in the contract of employment, which depends on the level of education and the workplace.
What are the mandatory information that must be contained in the employment contract and which sets them out Zakon o delovnih razmerjih (ZDR-1):
- the name of the post or type of work, with a short description of the work,
- place of work and time for which the contract is concluded,
- whether it is full or part time, daily or weekly working time and working time allocation,
- the reason for concluding a fixed-term employment contract and a provision on how to use annual leave if a fixed-term employment contract is concluded,
- the amount of the basic salary and information on any other payments,
- provisions on other components of the employee’s salary, other rights and obligations in the cases specified in ZDR-1,
- the payment period, the payment day and the method of payment of wages,
- annual leave,
- length of notice periods,
- an indication of the relevant collective agreements or general acts of the employer,
- date of appearance.
If it changes:
- job title or type of work,
- place of work, duration of employment contract,
- weekly / monthly workload (full or shorter)
the worker and the employer must conclude a new employment contract. Other changes can be arranged with an annex to the contract.
In the employment contract, managers may otherwise regulate the rights, obligations and responsibilities arising from the employment relationship with regard to the conditions and restrictions of an employment relationship for a fixed period of time, working hours, provision of breaks and rests, pay for work, disciplinary liability and termination of the employment contract.
Managers may be employed on the basis of a concluded employment contract or perform a management role on the basis of a civil law contract.
A special employment contract can also be concluded between a worker and an employer who, on the basis of a valid concession contract, provides workers with another employer (user).
Who can conclude an employment contract?
The employment contract is concluded between the worker and the employer. A worker can be employed at an advanced age of 15 years. On the basis of an employment relationship, the worker is included in compulsory social insurance (pension and disability insurance, health insurance, parental protection and unemployment insurance).
The methods of termination of the employment contract vary, depending on the type of employment relationship and the reason for the termination of the employment relationship. VEČ+
After the conclusion of the employment contract, the employer is obliged to declare the worker into compulsory social insurance (health, pension and disability insurance, parental protection and unemployment insurance). VEČ+
A copyright contract may only be concluded for works which are foreseen in the Copyright and Related Rights Act (ZASP).
Avtorska dela so individualne intelektualne stvaritve s področja književnosti, znanosti in umetnosti, ki so na kakršen koli način izražene, zlasti:
- spoken works, such as talks, lectures,
- written works, such as fiction, articles, manuals, studies and computer programs,
- musical works with or without text,
- theater, theater-musical and puppet work,
- choreographic and pantomime works,
- photographic works and works, made by a procedure similar to photography;
- audiovisual works,
- art works such as images, graphics and sculptures,
- architectural works, such as sketches, plans and performed objects in the field of architecture, urban planning and landscape architecture,
- works of applied arts and industrial design,
- cartographic works,
- presentations of a scientific, educational or technical nature (technical drawings, plans, sketches, tables, expert opinions, plastic presentations and other works of the same nature).
All other objects of works, other than authorial works, fall into the field podjemnih pogodb.
Who can sign a copyright contract?
The author’s contract is signed by the subscriber and the author. The contracting authority may be a natural or legal person. The author is a natural person who created the author’s work. The author can:
- in a regular employment relationship (unless the contract contains a competing clause),
- owner of a legal entity,
- someone who carries out work under a contract,
- is a full-time or part-time student.
As regards the other components of the copyright contract, the provisions on the contract of employment shall apply. The copyright contract is very similar podjemni pogodbi, it is separated from it only by the subject of the contract.
According to the Labor Market Regulation Act from 1 January 2011, data on copyright contracts are no longer required to be communicated to the Employment Service of Slovenia.
The payment from the copyright contract is the income of an individual who is taxed with income tax. The amount of contributions paid in connection with a copyright contract depends on whether or not the author is already compulsory pension and disability insurance or not.
The contract is concluded for occasional and time-limited works. The subject of a contract of employment or an employment contract may be:
- the production of things (it is mainly for services of production craftsmanship as well as major investment arrangements):
- repair of things (artisanal services),
- physical or mental work.
In practice, a contractual agreement may cover all types of works that do not fall under copyright. In certain mental works, the contractual agreement borders on avtorsko pogodbo, since it can have elements of copyright work and make it more meaningful to conclude a copyright contract.
Who can enter into a contract?
A contract may be concluded by a natural person with a subscriber who can be a natural or legal person. In practice, this may be an employee who does not conclude a contract with his employer. It can also be concluded by both the employer and the worker who have already concluded a contract of employment, but only for works outside the description of regular work tasks.
The contract is concluded for a limited period of time.
Po Zakonu o urejanju trga dela from 1 January 2011, information on contractual contracts is no longer necessary to communicate to the Employment Service of Slovenia.
Mutual contract or employment contract?
For an employer it is usually more comfortable to conclude a contract with a new worker than a contract of employment, but the legislation contains some restrictions.
A worker may not perform work under a contractual agreement if there are elements of an employment relationship and if the worker meets the prescribed conditions for performing work under a contract of employment.
The case-law has added some additional criteria for assessing whether it is an employment relationship or not. The employment relationship is if the work is systematized as a workplace if the work is carried out during the working hours determined by the employer, if the work is continuous and if it can be compared with the other work places with the employer according to the instructions.
The payment from the contract is the income of an individual who is taxed with income tax.
Application for compulsory social security
- Registration of sole trader and worker in compulsory social security (form M-1) for s.P.
- Registration of a worker in compulsory social insurance for a company (form M-1)
The application for compulsory social insurance is to be submitted on form M-1.
Compulsory social security are:
- pension and disability insurance,
- Health Insurance,
- insurance for parental protection,
- unemployment insurance.
After the conclusion of the employment contract, you must, as an employer, register a worker with compulsory social security. Attach the report pogodbo o zaposlitvi, if it is a registration of a worker who is in a contractual relationship.
Deadline for application
As an employer, you must apply the employee to compulsory social insurance from the date of entry into the employment contract, but at the latest before commencing work. If a worker fails to start work for justifiable reasons on that day, the application must be submitted no later than on the day that is agreed upon in the employment contract as the day of commencement of work.
Application for a sole proprietor and a partner, who is a manager
In compulsory social insurance you must also include sole proprietors and partners who are managerial persons if you are not insured under another, priority basis for full-time employment.
The obligation to insure a sole trader is:
- from the date of registration in the Business Register of Slovenia, if it is not insured under the priority basis for full-time employment (insurance from employment) at the time of registration. If he is insured under the employment relationship for part-time working from full, he must be insured from the address of the police, unlike full-time working hours;
- the next day after the termination of the insurance on the basis of an employment relationship for full-time, if he was insured under this priority basis at the time of registration.
The obligation to insure a shareholder who is a manager is:
- on the date of entry into the court register as a partner and a manager, if, at the time of enrollment, he is not insured on another priority basis for full-time employment (insurance from an employment relationship or from the independent exercise of an economic or other allowed activity). If he is insured on the second priority basis for part-time working from full time, he must be insured against the status of a member and a manager, unlike his full working hours;
- on the day following the termination of the insurance on the second priority basis if, at the time of enrollment, he was insured on another priority basis for full-time employment.
Deadline for application
Individual entrepreneurs and members of your management, you must apply for compulsory social insurance within eight days of the day when the obligation to insure occurs.
Method of filing Form M-1
Asylum seekers who are registered as Business Entities in the Business Register of Slovenia (eg a company, sole proprietor, self-employed person, an institution) must, from 1 January 2016, be compulsorily obliged by social insurance portala e-VEM.
Persons obliged to apply may also mandatory social insurance for persons in employment according to the code of the basis for insurance 001 also na točki VEM. At the VEM point, compulsory social insurance may also be managed by sole traders for themselves and for their employees (insurance code 005 and 013).
Through the e-VEM portal, compulsory social insurance can also be arranged for you by the company’s members or the founders of the institution, which you are managing.
Registration and modification of data using form M-1 via e-Vem portal:
Using the M-1 form, the e-VEM portal is carried out:
- registration of an insured person in compulsory social security,
- change of data on the already filed M-1 (open insurance) form, which can not be changed with the M-3 form, whereby the applicants must submit a M-2 Form, together with the new M-1 form, with which you can undo the previous application with incorrect data, or terminate insurance due to changed data.
You can correct or modify the following information using the form M-1 for registration:
- Register number,
- EMŠO insured,
- Date of commencement of insurance,
- The basis for insurance,
- Working / insurance time of the insured person,
- Full working / insurance time of the taxpayer.
The descriptions of the codes of insurance bases, the conditions for insurance, the proofs to be checked or enclosed at the time of registration and the procedure for completing the application for compulsory social insurance through the e-VEM portal are described in navodilu za izpolnjevanje obrazca M-1.
Security and health at work
The employer must, in accordance with Zakonom o varnosti in zdravju pri delu (ZVZD-1) and other regulations to ensure the safety and health of workers at work.
The safety and health of workers and other persons present in the work process is ensured by:
- it avoids the dangers,
- assess the risks,
- manages hazards at source,
- adapts work to an individual,
- adapts to technical progress,
- Replace dangerously with non-hazardous or less hazardous,
- develops a comprehensive security policy,
- gives priority to collective security measures against individual,
- gives workers appropriate guidance,
- informs and trains workers.
The employer must recognize all workplace risks. For each workplace, it must produce a written risk assessment in which it identifies the risks, determine which of the workers could be exposed to the danger, decide whether the risks are acceptable and introduce and implement measures to eliminate them.
Measures can be technical or organizational.
- An example of a technical measure: replacing too noisy work equipment with less noise.
- An example of an organizational measure: the preparation of internal rules on access to hazardous areas and the designation of these areas with security signs.
Measures depend on risk assessment in the work environment. The risk assessment is influenced by the type of activity and the size of the company. The exception is primarily the self-employed.
|Number of employees / measures||Risk assessment with a safety statement||Safety training at work||Preventive medical examination||Training in fire protection|
|Self-employed||Yes, but it can be assessed by itself (if there are no risks, this is stated in the statement)||Not necessary (if there are no risks)||Not necessary (if there are no risks)||Not necessary (if there are no risks)|
If you are self-employed and you estimate that there are no risks in your work environment, you do not need to undergo training in occupational health and safety, fire safety, as well as preventive medical examination. You must, however, sign a statement that you can compile yourself in any form so that there are no risks in your work environment. Save this statement and show it whenever you are visiting a worker’s inspection.
However, if you are self-employed and find that there are risks of accidents, occupational diseases and work-related illnesses, you need to prepare a written safety statement with a risk assessment and establish measures to ensure safety and health at work.
Risk assessment and safety statement
The risk assessment is the basis for the prevention of accidents at work and the deterioration of health.
Risk assessment is the process by which we evaluate the risks to the safety and health of workers at the workplace. The risk assessment is a systematic overview of all aspects of the work in which we assess:
- what can cause damage or damage,
- whether the risks can be eliminated or not,
- what preventive or safety measures are or should be put in place to control risks.
The purpose of the risk assessment is to enable the employer to take the measures necessary to ensure the safety and health of workers.
How do we assess the risk?
There are several ways and methodologies for risk assessment.
Here is a simple example that fits most of the small and medium-sized businesses:
Step 1: Identify hazards and people at risk
In the workplace, find everything that could cause an injury, and find out which workers might be exposed to hazards.
Step 2: Evaluation and prioritization of risks
Evaluate the risks (severity and likelihood of possible damage …) and sort them by relevance.
Step 3: Preventive action decision
Identify appropriate measures to eliminate or manage risks.
Step 4: Action
Define a plan of priority preventive and safety measures and start by introducing them.
Step 5: Monitoring and updating
Updating risk assessment
The risk assessment needs to be regularly updated to ensure that it is up-to-date when:
- existing preventive protection measures are insufficient or are no longer adequate,
- the data on which the assessment was based is changed,
- there are possibilities and ways to complete or complete the evaluation.
Who can make a risk assessment?
The risk assessment in the company is made by a professional worker in cooperation with the occupational medicine practitioner.
A professional worker is a person who is entrusted with the duties of the employer in the field of occupational health and safety and has passed a professional examination in occupational safety and health.
The tasks of a professional worker are:
- advising the employer in the planning, selection, purchase and maintenance of means of work,
- advice to the employer regarding equipment of workplaces and the working environment,
- coordination of measures to prevent psychosocial risks,
- elaboration of a professional basis for a safety statement (risk assessment),
- conducting periodic investigations of harmfulness in the working environment,
- carrying out periodic inspections and tests of work equipment,
- performing internal control over the implementation of safe work measures,
- making instructions for safe and healthy work,
- monitoring the situation with regard to accidents at work, identifying the causes for them and preparing a report for the employer with proposals for measures,
- preparation and delivery of workers’ training for safe work,
- cooperation with the occupational medicine practitioner.
Who can be a professional associate?
1. An employer may designate one or more professional workers among his employees. The conditions that must be met by professionals depend on the type of activity, the number of employees employed and the degree of risk of accidents at work, occupational diseases and work-related illnesses.
2. As an expert, the employer can also take over the management and assurance of safety at work when he meets the requirements specified in Zakonu o varnosti in zdravju pri delu.
3. Where an employer of professional tasks in the field of occupational safety and health can not provide with his employees, he may entrust the performance of all or individual tasks to external professional services authorized to perform professional tasks in the field of occupational safety.
After carrying out a risk assessment for occupational safety and health, a written statement of safety with a risk assessment must be drawn up and adopted, which, in particular, contains the type and scope of the activity, in particular:
- a plan to implement the prescribed requirements and measures,
- plan and procedures for the implementation of measures with immediate threat,
- defining the obligations and responsibilities of the responsible persons of the employer and workers to ensure safety and health at work.
In the safety statement, with a risk assessment, determine the specific health requirements that workers must fulfill for a job, in the work process, or for the use of individual means of work, on the basis of a professional assessment of the occupational medicine practitioner.
Self-employed persons should also assess the risk. If there is a risk of accidents, occupational diseases and work-related illnesses, they must produce a written safety statement with a risk assessment and establish measures to ensure their safety and health at work.
Training for safe and healthy work
The employer must ensure that all his employees who perform work on the basis of an employment contract or on any other legal basis, and persons who work for the purpose of training (students, students) with the employer, should be trained for safe work.
When should a worker be trained for safe work?
For safe work, the worker must be trained at:
- the conclusion of an employment relationship,
- allocation to another work,
- introducing new technology and new means of work,
- change in the work process, which may lead to a change in safety at work.
Are you self-employed?
You do not have to complete training in occupational safety and health if you feel it is not necessary.
Preventive medical examination
Preventive medical examinations determine the health and ability of workers to perform certain work in the working environment.
Preventive medical examinations are carried out by an authorized occupational physician.
The employer sends the worker to a previous medical examination:
- before the first job,
- after stopping a particular job at a particular workplace for more than 12 months.
The basis for determining the type, scope, content and deadlines for each preventive health examination is the risk assessment.
Types of preventive medical examinations are:
- prior medical examination,
- targeted periodic preventive medical examination,
- another targeted preventive medical examination.
In the case of increased risk factors in the work environment identified by a risk assessment, a worker is referred to a targeted preventive health check. In some cases, the employer must also refer the worker to other targeted medical examinations.
Are you self-employed?
If you are self-employed, preventive medical examination does not have to be done.
Obligations of the employer
The employer must ensure safety and health at work in accordance with the safety statement with a risk assessment, in particular by:
- he entrusts the performance of tasks of safety at work to a professional worker, and the implementation of health measures to the occupational medicine practitioner,
- informing workers about the introduction of new technologies and means of work, and the risks of accidents, occupational diseases and work-related illnesses, and issues instructions for safe work,
- training workers for safe and healthy work,
- provides workers with personal protective equipment and its use, provided that, despite the safety measures, the means of work and the working environment do not guarantee occupational health and safety,
- by periodically investigating the harmfulness of the working environment, verifies the appropriate working conditions,
- by periodic inspections and tests of work equipment, verifies their compliance with the regulations on safety and health at work,
- provides a safe working environment and the use of safe work equipment.
The purpose of the Human Resources (HRS) interface
The purpose of the HRS web interface is to enable the employee records management system to send data for the insurance of persons to the Health Insurance Institute of Slovenia (ZZZS) in electronic form.
In this way, users no longer need to manually fill in forms via the e-VEM portal or send them by post to the ZZZS in writing.
The HRS web interface is intended for business entities that use information systems for keeping records of employees and want to provide data on social insurance of persons through the e-VEM system to the Health Insurance Institute in electronic form, without manually entering data through procedures on the e-VEM portal or sending applications mail.
How do we start using it?
Before starting to use the new HRS web interface, you must complete the Application Form for the E-VEM Personnel Interface Client and send it to the Ministry of Public Administration, Tržaška cesta 21, 1000 Ljubljana. If the application form is electronically signed by a legal representative, you can send it to the e-mail address firstname.lastname@example.org.
It should be emphasized that the company applies only one certificate that will authenticate itself to the HRS system and not the certificates of individual users of HRM customers. The method of obtaining data from a certificate is described in more detail on the other side of the e-VEM Client Interface Client Form.
The newly registered system for sending data on employees must, before applying for applications for social insurance in the ZZZS, successfully pass test calls to the HRS web interface. You can read more about this in the document Opis postopka za uporabo HRS vmesnika.
If you use an authorized administrator to use this information to send you data via the HRS interface to the ZZZS, you must authorize this administrator on the e-VEM portal through remote access or at the SPOT (VEM) point (you need the tax number of the authorized administrator). Pooblastilo can be submitted at the SPOT (VEM) entry points or by electronic means on the e-VEM portal.
The Ministry of Public Administration, the e-VEM system administrator, offers business entities of HRS e-VEM e-VEM service for free. The condition for connecting and using the HRS web interface is that the company has an information personnel record a system that connects to the HRS web interface e-VEM.
If the company does not have its own employee records management program, but acquires this program from the provider of such services, the agreement on upgrades and the related costs is the subject of the program user and the provider and no longer the Ministry of Public Administration.