EMCC European Monitoring Centre on Change

Slovenia: Employers obligation to provide skill development plans or training

Slovenia
Phase: Anticipation
Type:
Employers obligation to provide skill development plans or training
Last modified: 18 June, 2021
Native name:

Zakon o delovnih razmerjih (ZDR-1)

English name:

Employment Relationship Act (ZDR-1)

Article

6, 62 and 170–171

Description

An employer is obliged to provide education, training and further training to workers if the needs of the working process require so or if education, training or further training may prevent the cancellation of the employment contract for reasons of incompetence or for business reasons. In accordance with the needs of education, training and further training of workers, the employer has the right to refer the worker for education, training and further training. Education, training and further training are defined as a right and obligation of the employer and the worker alike.

The duration and the course of education and the rights of the contracting parties during and after the education are to be laid down in a contract on education and/or a collective agreement. A worker who is undergoing education, training or further training has the right to absence from work to prepare for or take exams, at least when the worker takes an exam for the first time.

The employer must ensure equal treatment in respect of the personal circumstances regarding access to training, education, and requalification.

A temporary work agency is obliged to provide the worker with education, training and further training as described above. The temporary work agency and the user undertaking must lay down the education, training and further training of the worker during their assignment to the user undertaking.

Comments

Social partners define additional rules on education in sectoral collective agreements. All 14 collective agreements in the private service sector (analysed in Duh, 2014), for instance, include basic rules on education if the employer refers the worker for education and (less frequently) if the worker undertakes education on the worker’s own initiative. If the employer refers the worker for education, training and further training, generally the costs of such education have to be borne by the employer and the time allotted to education is considered to be working time. Collective agreements also determine paid or unpaid leave, particularly when the worker takes exams for the first time, but the number of paid or unpaid days off varies. Collective agreements may include the employer’s obligation to offer a new job adequate to the worker’s qualifications after the completion of education, particularly if the employer had referred the worker on education. Some collective agreements determine the responsibility of the employee if he or she does not finish education, training or further training successfully and/or sanctions if the worker refuses to undertake education. Certain collective agreements specify some groups of workers (older workers, pregnant women or young mothers) to which the obligation of undertaking education does not apply.

According to the Continuing vocational training survey in 2015, 84.1% of all companies enable their employees to attend internal or external education or training programmes (i.e. actions and activities whose main objective is to acquire new knowledge and skills or develop and improve the existing ones and are at least partially funded by the enterprise for its employees). These results represent an increase of nearly 12% compared to the survey of 2010 (72,3%) (Statistical office of the Republic of Slovenia).

Cost covered by
  • Employer
Involved actors other than national government
  • Employer organisation
  • Trade union
Thresholds
No, applicable in all circumstances
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