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Labour and social law

Labour and social law – legal services in the field of labour and social relations in the Republic of Slovenia

Below is a presentation of content clusters, along with typical questions and information about what legal services Attorney Jurij Kutnjak can provide you with regarding labour and social relations. The attorney carries out legal advice and representation activities related to labour and social relations for clients from all over Slovenia.

To schedule an appointment related to labour and social relations, call Attorney Jurij Kutnjak during working hours at the phone number 00 386/2/25-23-780 or send an email to info@odvetnik-kutnjak.si.

Legal advice and contract drafting:

Employment contract, individual contract, procedure of concluding and terminating employment, termination of the employment contract, unlawful termination, compensation for salary and annual leave pay deficits, severance pay, employer's liability; social rights, pension, disability, health insurance, procedure costs, etc.

Dispute resolution:

  • Representation in the procedure of concluding and terminating employment:

Procedure for terminating the employment contract, regular and extraordinary termination of the contract, defence of the worker in the termination procedure and representation of the employer in the termination procedure,

  • Representation of employees or employers in labour disputes:

Labour court, disputes about the conclusion, existence, duration and termination of employment, rights, obligations and responsibilities from the employment relationship between the employee and the employer, unlawful termination of the employment contract, monetary claims, wage compensation, annual leave pay,

  • Representation of insured persons in social disputes:

Labour and social court, pension and disability insurance institution, health insurance institution, disputes related to pension, disability, health insurance, etc.

  • Other:

Legal opinions, representation in other legal activities in accordance with the provisions of the Attorney Act.

Deadlines for asserting rights from an employment relationship!

The assertion of rights from an employment relationship is time-bound! The consequence of missing the deadline can be the expiration of a claim, or it can even mean the loss of a right, i.e., preclusion.

When filing a lawsuit upon termination of the employment relationship (e.g., termination of the employment contract), the employee must file the lawsuit within 30 days of the delivery of the termination or from the day when the employee learned of the violation.

In case of violations of rights by the employer (except when it comes to the termination of the employment contract or monetary claims), the employee must first demand in writing from the employer to rectify the violation within 8 days. If the employer does not do so, the employee has 30 days to file a lawsuit. For monetary claims (e.g., payment of wages), a written request to the employer to rectify the violations is not necessary, but they also expire after the expiration of the statute of limitations.

Deadlines for asserting rights from social insurance!

In social matters as well, the assertion of rights or claims is time-bound!

The procedure, e.g., of the Institute for Health Insurance of Slovenia - ZZZS, or the Institute for Pension and Disability Insurance of Slovenia - ZPIZ, is two-tiered. Against the first-instance decision of the institute, an appeal is permissible within 15 days, about which the competent ministry decides in the second instance.

Against the decision of the ministry, as a rule, a lawsuit or a social dispute, i.e., judicial protection, is permissible. The deadline for filing a lawsuit is 30 days from receiving the decision of the ministry. If the party misses the deadline, the right to appeal or lawsuit ceases.

Representation by a attorney in labor disputes and in proceedings against ZPIZ and ZZZS etc.

The law does not require mandatory representation by a lawyer for filing a lawsuit in a labor dispute or an appeal and lawsuit in a social dispute, but the party will hardly be able to assert its rights on its own, especially successfully.

You can authorize a lawyer to file an appeal and lawsuit in labor and social disputes. The costs of representation are determined by the Lawyer's Tariff, which the lawyer will explain to you in a consultation.

If the employee or insured person could not financially afford the cost of representation in the process with a lawyer, they can apply for free legal aid at the competent labor and social court, BPP Service. They can also specify the chosen lawyer. The form for requesting approval of free legal aid is published on the court's website https://e-uprava.gov.si/podrocja/vloge/vloga.html?id=1225

For legal consultation in relation to labor and social disputes, call lawyer Jurij Kutnjak during office hours on phone number 00 386/2/25-23-780 or write an email to info@odvetnik-kutnjak.si.

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