The protection of job can be considered in a broad sense and it includes, within its scope, all the methods of the termination of the employment contract (and not only the termination at the initiative of the employer), as well as the employee's rights relating to the existence of employment and/or employment contract at the time of conclusion of the employment contract and/or during the duration of employment, considering that establishing and preserving the existence of employment is a precondition for the protection of job.
ZDR-1 provides the subsidiary application of civil law in the field of existence and protection of the job in Article 13. In the light of the legal theory and/or jurisprudence, we established that in the phase of the commencement of employment, the rules of civil law are applied in a subsidiary manner, however, these rules are importantly supplemented through the possibility of primacy of the employment contract, the factual creation of employment and restrictions on the conclusion of the fixed-term employment contracts. The same applies for the stage of the duration of employment, where the rules of the civil contract law are supplemented by the employment law institutes (the termination by offering a new contract, a change of an employer, a suspense). At the time of the termination of employment, there is the employment law protection of job, but also the subsidiary application of the rules of the civil law is relevant, namely through the case law of the contractual forming rights’ established concept.
There are important provisions in the Slovene Constitution and the international treaties (ILO Convention No. 158 and MESL), concerning the job protection which, for example, in particular include the regulation of termination of employment at the initiative of the employer, which can only be based on the justified reasons, relating to the capacity or the conduct of the employee or for the operational reasons that arise with the employer. We emphasised possible improvements and/or reasonable changes relating to the more frequent use of the plural model of the employer, changes in the field of the fixed-term employment contract and the termination of employment with the consent of the employee. In addition, we highlighted possible changes regarding the minimum formal and substantive requirements for the termination's effectiveness and/or validity according to the individual termination reasons and we emphasized certain changes that might be considered in the field of the judicial protection.
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