The termination process varies according to the employment agreement or collective agreement in place and is based on the type of contract and reason for termination. There are two types of dismissals:
Regular dismissal is issued for a business reason (redundancy), worker incompetence, an at-fault reason (misconduct), unfitness to work due to disability, or failed probation period.
Extraordinary dismissal is issued for severe scenarios such as criminal offense, declining a transfer and similar breaches.
All dismissals must be presented to the employer in writing, and the employee must be given the opportunity to present a defense. In extraordinary dismissals, the termination must be presented in writing and in person.
Notice Period
The length of the notice period depends on the type of dismissal:
-Up to 1 year service = 15 days’ notice
-1 to 2 years service = 30 days’ notice
-Above 2 years service = 30 days plus and additional 2 days notice for every additional year of service above two years, up to a maximum of 60 days notice.
Dismissal for at fault reasons = 15 days notice.
Dismissal for failed probation period = 7 days notice.
Extraordinary dismissal = no notice required. However, the employer must still provide termination of the notice within 30 days of the incident that led to the termination.
Severance Pay
For dismissal due to business reasons or employee incompetence, employees are entitled to severance pay based on the employee’s service length:
1-10 years of service receive 1/5 of the employee’s average salary from the previous three months for every year of service.
10-20 years of service receive 1/4 of the average salary from the past three months for every year of service.
Over 20 years of service receive 1/3 of the average salary from the past three months for every year of service. However, there is a maximum severance payment limit of ten times the employee’s basic monthly salary.
Severance might also be required in certain cases of termination of Fixed Term contracts, receiving 1/5 of the average monthly salary for the first year of service. An additional amount (which amounts to one-twelfth of the one-fifth of salary calculated for the first year) will then also be added for each extra month of employment above the first year of employment.
Probation Period
In Slovenia, probation periods are outlined in the employee’s employment contract. The probation period can be no more than six months.