What do I need to know when signing a contract?

In culture, most work is done under a copyright contract or a contract for work, while partner organisations sign cooperation contracts. Read on for more information.

Article content

When and how do I conclude an employment contract with my employer?
When is an employment contract valid and legal?
What must my employer do when they hire me?
What employment contracts exist for third-country nationals?
What do I need to conclude contracts?
What is the minimum payment or recommended payment amount?
Useful links

Find out more about the types of employment available in Slovenia.
Find out more about copyright contracts and contracts for work.
Find out more about cooperation contracts.

When and how do I conclude an employment contract with my employer?

The employment relationship starts with a recruitment process managed and carried out by the employer. The recruitment process works as follows:

  • the employer first advertises the vacancy,
  • a candidate is chosen,
  • the candidate enters into an employment contract with the employer (which can be for an indefinite or fixed period),
  • the employer then registers their new employee for compulsory social security contributions.

Employment contracts are always concluded in writing. The employer must provide the worker with a proposed written employment contract, generally three days prior to the envisaged signing of the contract, and a written employment contract upon its conclusion.

Whenever the elements of an employment relationship exist, an employment contract must be concluded.

The essential elements of an employment relationship are:
1. voluntary inclusion of the worker in the employer’s organised work process,
2. carrying out work in return for remuneration,
3. carrying out work in person,
4. carrying out work continuously,
5. working according to the instructions and under the supervision of the employer.

When is an employment contract valid and legal?

To be valid and legal, an employment contract must contain certain basic information, i.e. the mandatory components of an employment contract:

  • Details of both contracting parties – who is signing the contract and between whom the cooperation will take place.
  • Date of entry into force of the contract – if this date is not specified, the date on which the contract is signed by both parties applies.
  • Reason for concluding the contract – why both parties decided to conclude the contract, e.g. employment can be a reason for concluding the contract.
  • Signature of both contracting parties – no contract can be valid unless both parties have signed it.
  • Date of commencement of the work – the start date of the job must be stated.
  • Job title and job description – you cannot conclude an employment contract without the job title and job description.
  • Place of work – covers both the employer’s registered office and the place of work itself, if the employer has several locations where work is carried out.
  • Contract period – in the case of an employment contract, it must be clearly stated whether the employment relationship is being concluded for a fixed or indefinite period.
  • If a fixed-term contract is concluded, the reason why it is only for a specific period (e.g. to cover maternity leave, longer sick leave, increased workload, etc.) must be clearly stated.
  • Working time – as the ZDR-1 defines several forms of working time, it is necessary to determine whether the contract is for full-time or part-time work.
  • Provision on working time distribution – every employment contract must clearly define how the worker’s working hours are distributed and the number of days in the working week.
  • Basic salary information – without basic salary information, the employment contract cannot be concluded, as otherwise the worker would not know how their work will be valued financially.
  • Other salary components – a salary has a number of statutory allowances that are payable to each worker.
  • Provision on annual leave – workers have the right to annual leave, which cannot be denied by their employer. The minimum annual leave under the ZDR-1 is 4 weeks. This applies regardless of whether you are a full-time or part-time employee. The number of days of leave depends on the distribution of working days in the week.
  • Provision on the notice period – when both parties conclude the employment contract, the notice period must be clearly and precisely defined.
  • List of the collective agreements that bind the employer – if the employer is subject to collective agreements, the employment contract must list all of them; this allows both the worker and the employer to be informed of all the details of the agreements before signing the contract.

The employment contract may also contain other provisions, though these are not a mandatory part of all employment contracts:

  • Probationary period – when the worker and the employer sign an employment contract for the first time. This provision informs both parties of the time within which the worker will try to prove themselves as a suitable candidate. The worker must be informed of the committee that will monitor their work and the employer must inform the worker whether they have successfully completed the probationary period.
  • Traineeship – usually concluded when the first contract between the worker and the employer is signed. It is most often used for the purpose of acquiring the skills and knowledge needed to be successful in future work.
  • Non-competition clause – prevents a worker from being employed by a competitor for a certain period of time in order to preserve business secrets. This provision protects the employer’s intellectual property.
  • Business secrets clause – obliges the worker to safeguard the employer’s business secrets. Typically, this includes all information relating to customers, company intellectual property and processes, business data and the like.

Provision on sharing and protecting personal data – if a worker has access to the personal data of employees or customers in the workplace, a provision is usually added to the employment contract obliging the worker to comply with all laws governing access to, sharing and protecting personal data.

What must my employer do when they hire me?

The employment contract establishes the employment relationship. The rights and obligations under the employment contract and the social security cover under the employment relationship start from the date on which you start work, as agreed in the employment contract.

The employer must register the worker for compulsory pension, disability, unemployment and health insurance in accordance with the special regulations and give them a photocopy of the registration within 15 days of the start of work.

For more information, visit SPOT.

What employment contracts exist for third-country nationals?

In Slovenia, third-country nationals can conclude both an employment contract for an indefinite period and a fixed-term employment contract, either full-time or part-time.

Third-country nationals must meet certain specific conditions before they can be employed, such as a single residence and work permit.

More information is available at the SPOT portal, Employment Service of Slovenia and e-uprava.gov.si.

What do I need to conclude contracts?

The basic documents you need to conclude an employment contract are your identity document, tax identification number, personal identification number (EMŠO), transaction account, certificates of education, additional education and training, references, portfolio, etc.

Third-country nationals need a single residence permit in addition to the above. For more, visit here.

What is the minimum payment or recommended payment amount?

Employment contract: The minimum wage is the lowest wage a worker can receive if he or she works full-time for an employer in Slovenia. In the case of part-time work, the worker is entitled to at least a pro-rata share of the minimum wage.

The employer determines the salary system and the conditions required for a particular job, according to the level of education, the complexity of the work, the workload of the worker, the distribution of working time, etc., in accordance with the employer’s internal acts, any job classification, etc.

The legal basis is the Minimum Wage Act. More on the minimum wage is available at e-uprava.gov.si, where you can find information on the amount of the minimum wage.

We recommend that you follow the standards of collecting, guild, representative, etc. organisations regarding the level of payments.

Useful links

  • EURES: EURopean Employment Services. They also provide legal support for mobile workers.
  • European Commission: Your rights country by country.
  • e-uprava.gov.si: government portal with information on registering as a self-employed person in culture.
  • Info.tujci is the government’s information portal for foreigners.
  • SOLVIT: A free online service for solving problems related to infringements of the rights of EU citizens and EU companies by EU public administrations, e.g. recognition of professional qualifications, visa and residence rights, employment abroad, health insurance, etc.
  • Your Europe is managed by the Directorate General for Internal Market, Industry, Entrepreneurship and SMEs and is an official website of the European Union. You can also find information on health insurance during your temporary stay abroad.
  • SPOT national system: the Slovenian Business Point offers a comprehensive system of support and free government services for business entities. SPOT brings together institutions that provide assistance, information and advice to companies and business entities under a single brand.
  • Novičnik za samozaposlene v kulturi (Trivia Art Association) offers self-employed persons in culture advice on copyright and intellectual property, social and labour rights, accounting, etc.
  • Asociacija assists professional non-governmental producers and independent artists in Slovenia with advice on administration, legal provisions, accounting obligations, legal issues and taxes.

Legislation

The overarching law governing employment is the Employment Relationships Act (ZDR-1), and for culture, the Collective Agreement for the Cultural Sector in the Republic of Slovenia.

When employing foreigners, the Employment, Self-employment and Work of Foreigners Act, the Foreigners Act, the Transnational Provision of Services Act and the Labour Market Regulation Act must also be taken into account.

2024 © All Rights Reserved.   Terms of use   Cookies & Privacy Website by: Kreativna tovarna
Back to top