Damage liability of employer – new form of immaterial damages. The Labour Code brings a new form of immaterial (non-pecuniary) damage previously not formally recognized by Slovene law. The employee suffering damage on the working place due to discrimination (including any type of harassment) or mobbing could now claim compensation of damages from the employer for mental harm based on unequal or discriminatory treatment or behaviour or for failing to provide protection against sexual or other harassment or mobbing. In determining the amount of compensation, the court should take into an account that compensation is effective and proportional to the damage suffered by the employee, and that compensation discourages the employer to repeat the wrongdoings.
Definite Term Employment Contract. It is now clear that the definite term employment contract shall contain a reference to the reason for entering into a definite term employment contract. A new reason for concluding a definite term employment contract (hand-over of work) is contained in the Labour Code.
The employee working on the basis on an indefinite employment contract can enter into another definite term employment contract (with the same employer). During the term of a new definite employment contract, the indefinite term employment contract is suspended.