Collective redress and workers' rights in Slovenia

Kresal, Barbara (author)

In 2017, the Collective Actions Act introduced a new type of lawsuit – the collective action – into the Slovenian legal order. A collective action can be lodged in cases of instances of so-called ‘mass harm’, including mass violations of workers’ rights. This could improve the effectiveness of enforcement of workers’ rights in practice. Instead of a number of individual labour disputes concerning the same or similar violations of workers’ rights, a collective action can be lodged by trade unions or other representative collective actors in this field. Both opt-in and opt-out approaches are possible and the decision on this is left to the discretion of the court. Despite many positive aspects, only one collective action in the area of labour rights has been lodged to date. In this contribution I analyse legal regulation of the existing collective redress mechanism and possible reasons for deficiencies discerned in its functioning in practice.

• Language: English
• Keywords: collective redress, collective action, enforcement of workers’ rights, opt-in/opt-out system, labour disputes, labour rights, Slovenia
• Work type: Article
• Typology: 1.01 - Original Scientific Article
• Organization: FSD - Faculty of Social Work
• Publication status: Published
• Publication version: Version of Record
• Year: 2021
• Number of pages: Str. 475-491
• Numbering: Vol. 12, iss. 4
• PID: 20.500.12556/RUL-144119
• UDC: 349.2(497.4)
• ISSN on article: 2031-9525
• DOI: 10.1177/20319525211056618
• COBISS.SI-ID: 87373827
• Publication date in RUL: 01.02.2023

Record is a part of a journal

• Title: European labour law journal
• Publisher: SAGE
• ISSN: 2031-9525
• COBISS.SI-ID: 4089131

Licences

• License: CC BY 4.0, Creative Commons Attribution 4.0 International
• Link: http://creativecommons.org/licenses/by/4.0/
• Description: This is the standard Creative Commons license that gives others maximum freedom to do what they want with the work as long as they credit the author.

Projects

• Funder: Other - Other funder or multiple funders
• Funding programme: European Trade Union Institute