Country report, gender equality : how are EU rules transposed into national law? : Slovenia 2015.
Date: 2016-04-27
Institutions: Directorate-General for Justice and Consumers
Subjects: Slovenia, age discrimination, anti-discriminatory measure, application of EU law, equal pay, equal treatment, gender equality, maternity leave, national law, parental leave, paternity leave, pension scheme, report, sexual discrimination, sexual harassment, social security

Slovenia 

2015 

1 

 
 
 
 
 
 
EUROPEAN COMMISSION 

Directorate-General for Justice and Consumers 
Directorate D — Equality 
Unit JUST/D1 

European Commission 
B-1049 Brussels 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EUROPEAN COMMISSION 

Country report  

Gender equality 

How are EU rules transposed into 
national law? 

Slovenia 

Tanja Koderman Sever 

Reporting period 1 January 2014 – 1 July 2015 

Directorate-General for Justice and Consumers 

2015 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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© European Union, 2016 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - Gender equality – Slovenia - 2015 

Contents 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Introduction................................................................................................... 6 
1.1  Basic structure of the national legal system ............................................... 6 
1.2  List of main legislation transposing and implementing Directives .................. 7 
General legal framework ................................................................................. 8 
2.1  Constitution ........................................................................................... 8 
2.2  Equal treatment legislation ...................................................................... 8 
Implementation of central concepts .................................................................. 9 
3.1  Sex/gender/transgender ......................................................................... 9 
3.2  Direct sex discrimination ......................................................................... 9 
3.3 
Indirect sex discrimination ....................................................................... 9 
3.4  Multiple discrimination and intersectional discrimination ............................ 10 
3.5  Positive action ...................................................................................... 10 
3.6  Harassment and sexual harassment ........................................................ 12 
3.7 
Instruction to discriminate ..................................................................... 13 
3.8  Other forms of discrimination ................................................................. 13 
Equal  pay  and  equal  treatment  at  work  (Article  157  TFEU  and  Recast  Directive 
2006/54)..................................................................................................... 14 
4.1  Equal pay ............................................................................................ 14 
4.2  Access to work and working conditions .................................................... 15 
Pregnancy  and  maternity  protection;  maternity,  paternity,  parental  leave  and 
adoption leave (Directive 92/85, relevant provisions of the Directives 2006/54 and 
2010/18)..................................................................................................... 18 
5.1  Pregnancy and maternity protection ....................................................... 18 
5.2  Maternity leave .................................................................................... 19 
5.3  Adoption leave ..................................................................................... 21 
5.4  Parental leave ...................................................................................... 22 
5.5  Paternity leave ..................................................................................... 25 
5.6  Time off/care leave ............................................................................... 26 
5.7  Leave in relation to surrogacy ................................................................ 26 
5.8  Leave sharing arrangements .................................................................. 26 
5.9  Flexible working time arrangements........................................................ 27 
Occupational pension schemes (Chapter 2 of Directive 2006/54) ........................ 29 
6.1 
Is  direct  and  indirect  discrimination  on  grounds  of  sex  in  occupational  social 
security schemes prohibited in national law? ............................................ 29 
Is  the  personal  scope  of  national  law  relating  to  occupational  social  security 
schemes  more  restricted  or  broader  than  specified  in  Article  6  of  Directive 
2006/54? Please explain and refer to relevant case law, if any. .................. 29 
Is  the  material  scope  of  national  law  relating  to  occupational  social  security 
schemes  more  restricted  or  broader  than  specified  in  Article  7  of  Directive 
2006/54? Please explain and refer to relevant case law, if any. .................. 29 
6.4  Have  the  exclusions  from  the  material  scope  as  specified  in  Article  8  of 
Directive 2006/54 been implemented in national law? ............................... 29 
6.5  Are  there  laws  or  case  law  which  would  fall  under  the  examples  of  sex 
discrimination as mentioned in Article 9 of Directive 2006/54? ................... 30 
6.6 
Is sex used as an actuarial factor in occupational social security schemes? .. 30 
6.7  Are there specific difficulties in your country in relation to occupational social 
security schemes, for  example due to the fact that security schemes in your 
country  are  not  comparable  to  either  statutory  social  security  schemes  or 
occupational  social  security  schemes?  If  so,  please  explain  with  reference  to 
relevant case law, if any. ....................................................................... 30 
Statutory schemes of social security (Directive 79/7) ........................................ 31 
7.1 
Is  the  principle  of  equal  treatment  for  men  and  women  in  matters  of  social 
security implemented in national legislation? ........................................... 31 

6.3 

6.2 

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7.2 

7.3 

Is  the  personal  scope  of  national  law  relating  to  statutory  social  security 
schemes  more  restricted  or  broader  than  specified  in  Article  2  of  Directive 
79/7? Please explain and refer to relevant case law, if any. ....................... 31 
Is  the  material  scope  of  national  law  relating  to  statutory  social  security 
schemes more restricted or broader than specified in Article 3 par. 1 and 2 of 
Directive 79/7? Please explain and refer to relevant case law, if any. .......... 31 
7.4  Have  the  exclusions  from  the  material  scope  as  specified  in  Article  7  of 
Directive  79/7  been  implemented  in  national  law?  Please  explain  (specifying 
to what extent the exclusions apply) and refer to relevant case law, if any. . 31 
7.5 
Is sex used as an actuarial factor in statutory social security schemes? ....... 32 
7.6  Are  there  specific  difficulties  in  your  country  in  relation  to  implementing 
Directive  79/7?  For  example  due  to  the  fact  that  security  schemes  in  your 
country  are  not  comparable  to  either  statutory  social  security  schemes  or 
occupational  social  security  schemes?  If  so,  please  explain  with  reference  to 
relevant case law, if any. ....................................................................... 32 
Self-employed workers (Directive 2010/41/EU and some relevant provisions of the 
Recast Directive) .......................................................................................... 33 
8.1  Has Directive 2010/41/EU been explicitly implemented in national law? ...... 33 
8.2  What is the personal scope related to self-employment in national legislation? 
Has  your  national  law  defined  self-employed  or  self-employment?  Please 
discuss  relevant  legislation  and  national  case  law  (see  Article  2  Directive 
2010/41/EU) ........................................................................................ 33 
8.3  Related  to  the  personal  scope,  please  specify  whether  all  self-employed 
workers  are  considered  part  of  the  same  category  and  whether  national 
legislation recognises life partners. ......................................................... 33 
8.4  How  has  national  law  implemented  Article  4  Directive  2010/41/EU?  Is  the 
material scope of national law relating to equal treatment in self-employment 
more restricted or broader than specified in Article 4 Directive 2010/41/EU? 34 
8.5  Has  your  State  taken  advantage  of  the  power  to  take  positive  action  (see 
Article 5 Directive 2010/41/EU)? If so, what positive action has your country 
taken? In your view, how effective has this been? .................................... 34 
8.6  Does  your  country  have  a  system  for  social  protection  of  self-employed 
workers (see Article 7 (Directive 2010/41/EU)? ........................................ 34 
8.7  Has  Article  8  Directive  2010/41/EU  regarding  maternity  benefits  for  self-
employed been implemented in national law? .......................................... 35 
8.8  Has  national  law  implemented  the  provisions  regarding  occupational  social 
security  for  self-employed  persons  (see  Article  10  of  Recast  Directive 
2006/54)? ........................................................................................... 35 
8.9  Has  national  law  made  use  of  the  exceptions  for  self-employed  persons 
regarding matters of occupational social security as mentioned in Article 11 of 
Recast Directive 2006/54? Please describe relevant law and case law. ........ 36 
8.10  Is  Article  14(1)(a)  of  Recast  Directive  2006/54  implemented  in  national  law 
as regards self-employment? ................................................................. 36 
Goods and services (Directive 2004/113) ........................................................ 37 
9.1  Does national law prohibit direct and indirect discrimination on grounds of sex 
in access to goods and services? ............................................................ 37 
Is the material scope of national law relating to access to goods and services 
more  restricted  or broader than specified in Article 3 of Directive 2004/113? 
Please explain and refer to relevant case law, if any. ................................ 37 
9.3  Have  the  exceptions  from  the  material  scope  as  specified  in  Article  3(3)  of 
Directive  2004/113,  regarding  the  content  of  media,  advertising  and 
education, been implemented in national law? ......................................... 37 
9.4  Have differences in treatment in the provision of the goods and services been 
justified  in  national  law  (see  Article  4(5)  of  Directive  2004/113)?  Please 
provide references to relevant law and case law. ...................................... 37 
9.5  Does national law ensure that the use of sex as a factor in the calculation of 
premiums  and  benefits  for  the  purposes  of  insurance  and  related  financial 

9.2 

8. 

9. 

4 

services  shall  not  result  in  differences  in  individuals'  premiums  and  benefits 
(see Article 5(1) of Directive 2004/113)? ................................................. 37 
9.6  How has the exception of Article 5(2) of Directive 2004/113 been interpreted 
in  your  country?  Please  report  on  the  implementation  of  the  C-236/09  Test-
Achats ruling in national legislation. ........................................................ 37 
9.7  Has  your  country  adopted  positive  action  measures  in  relation  to  access  to 
and the supply of goods and services (see Article 6 of Directive 2004/113)? 38 
9.8  Are  there  specific  problems  of  discrimination  on  the  grounds  of  pregnancy, 
maternity  or  parenthood  in  your  country  in  relation  to  access  to  and  the 
supply of goods and services? Please briefly describe relevant case law. ...... 38 
10.  Violence  against  women  and  domestic  violence  in  relation  to  the  Istanbul 
Convention .................................................................................................. 39 
10.1  Has your country ratified the Istanbul Convention? ................................... 39 
11.  Enforcement and compliance aspects (horizontal provisions of all directives) ....... 40 
11.1  Victimisation ........................................................................................ 40 
11.2  Burden of proof .................................................................................... 40 
11.3  Remedies and Sanctions ........................................................................ 41 
11.4  Access to courts ................................................................................... 41 
11.5  Equality body ....................................................................................... 42 
11.6  Social partners ..................................................................................... 43 
11.7  Collective agreements ........................................................................... 43 
12.  Overall assessment ...................................................................................... 44 

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1. 

Introduction 

1.1  Basic structure of the national legal system 

According  to  the  Constitution  of  the  Republic  of  Slovenia  (hereinafter  the  Constitution), 
Slovenia  is  a  democratic  republic  and  a  social  state  governed  by  law.  The  state`s 
authority is based on the principle of the separation of legislative, executive and judicial 
powers,  with  a  parliamentary  system  of  government.  Power  is  held  by  the  people,  and 
they  exercise  this  power  directly  (through  referendums  and  popular  initiatives)  and 
through  elections.  The  Republic  of  Slovenia  is  represented  by  the  President.  The 
President has no influence over the composition of the government, which is the task of 
the Prime Minister and the National Assembly. 

The  National  Assembly  is  the  highest  legislative  authority  in  Slovenia.  It  consists  of  90 
deputies  and  has  the  right  to  enact  laws.  The  deputies  of  the  National  Assembly,  with 
the  exception  of  the  two  representatives  of  minorities,  are  elected  by  proportional 
representation. 

The Government of the Republic of Slovenia is the executive body and at the same time 
the  supreme  body  of  the  state  administration.  Thus  the  function  of  the  Government  is 
twofold:  executive-political  and  administrative.  Its  executive-political  function  involves 
mainly  the  execution  of  policies  agreed  by  the  National  Assembly  and  the 
implementation  of  the  laws  and  other  regulations  passed  by  the  National  Assembly.  In 
accordance  with  the  Constitution  and  with  the  laws  and  other  general  acts  of  the 
National Assembly, the Government sets, directs and harmonises the implementation of 
state policies. As the highest body  of the  state administration, it issues regulations and 
passes legal, political, economic, financial, organisational and other measures, which are 
needed for the development of the state and the regulation of conditions in all the areas 
of  the  state’s  jurisdiction.  The  Government  proposes  legislation,  the  state  budget, 
national  programmes  and  other  general  acts  with  which  it  determines  the  fundamental 
and long-term political direction of individual areas of state jurisdiction. 

The  task  of  the  judiciary  is  to  decide  on  the  rights  and  duties  of  citizens,  and  charges 
brought  against  them.  All  courts  in  the  Republic  of  Slovenia  act  in  accordance  with  the 
principles  of  constitutionality,  independence  and  the  rule  of  law.  The  unified  system  of 
courts  consists  of  courts  with  general  and  specialised  jurisdiction.  Courts  with  general 
jurisdiction include 44 district, 11 regional, and 4 higher courts and the Supreme Court. 
Specialised  courts  comprise  four  labour  courts  and  a  social  court  (they  rule  on  labour-
related and social insurance disputes) and the Administrative Court, which provides legal 
protection  in  administrative  affairs  and  has  the  status  of  a  higher  court.  The  state 
prosecution  holds  a  special  place  in  the  justice  system,  as  it  is  an  independent  state 
authority, but also part of the executive branch of power. The General State Prosecutor 
is appointed by the National Assembly. 

The  Constitutional  Court  is  the  highest  authority  with  regard  to  the  protection  of 
constitutionality,  legality,  human  rights  and  basic  freedoms  and  is  separated  from  the 
regular  judiciary  system.  It  is  composed  of  nine  constitutional  court  judges,  elected  on 
the  proposal  of  the  President  of  the  Republic  by  the  National  Assembly.  In  accordance 
with the Constitution, the Constitutional Court decides in particular on the conformity of 
laws  (and  other  statutory  instruments)  with  the  Constitution  (and  with  laws, 
respectively), on constitutional complaints of violations of human rights and fundamental 
freedoms  by  individual  acts,  on  jurisdictional  disputes  between  various  state  actors,  on 
the unconstitutionality of the acts and activities of political parties, on appeals against a 
decision of the National Assembly regarding the confirmation of the election of deputies, 
on the accountability of the President of the Republic of Slovenia, the Prime Minister, and 
ministers, as well as on the conformity of a treaty with the Constitution in the process of 
ratifying the treaty.  

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1.2  List of main legislation transposing and implementing Directives 

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Employment  Relationship  Act,  Official  Gazette  of  the  Republic  of  Slovenia,  No. 
22/2013. 
Act Implementing the Principle of Equal Treatment, Official Gazette of the Republic 
of Slovenia, No. 93/2007. 
Act on Equal Opportunities for Women and Men, Official Gazette of the Republic of 
Slovenia Nos 59/2002 and 61/2007. 
Act on the System of Salaries in the Public Sector, Official Gazette of the Republic 
of Slovenia, Nos 95/2007, 69/2008 and 107/2009. 
Pension  and  Invalidity  Insurance  Act,  Official  Gazette  of  the  Republic  of  Slovenia, 
96/2012 and 39/2013. 
Act on Volunteering, Official Gazette of the Republic of Slovenia, No. 10/2011. 
Parental  Protection  and  Family  Benefits  Act,  Official  Gazette  of  the  Republic  of 
Slovenia, No. 26/2014.  
Health Care and Health Insurance Act, Official Gazette of the Republic of Slovenia, 
Nos  9/92,  13/93,  9/96,  29/98,  77/98,  6/99,  56/99,  99/2001,  42/2002  and 
60/2002. 
Labour  Market  Regulation  Act,  Official  Gazette  of  the  Republic  of  Slovenia,  No. 
80/2010.  
Prevention  of  Undeclared  Work  and  Employment  Act,  Official  Gazette  of  the 
Republic  of  Slovenia  Nos  36/2000,  118/2006,  12/2007,  29/2010, 57/2012, 
32/2014. 
Social Security Act, Official Gazette of the Republic of Slovenia, No. 3/2007. 
Companies Act, Official Gazette of the Republic of Slovenia, No. 65/2009. 
Consumer Protection Act, Official Gazette of the Republic of Slovenia, No. 98/2004.  
Institutes  Act,  Official  Gazette  of  the  Republic  of  Slovenia,  Nos  12/1991,  17/91, 
5/92, 13/93, 66/93, 45/94, 8/96, 31/00 and 36/00. 
Insurance  Act,  Official  Gazette  of  the  Republic  of  Slovenia,  Nos  109/2006, 
90/2012,  
Collective  Agreements  Act,  Official  Gazette  of  the  Republic  of  Slovenia,  Nos 
43/2006 and 45/2008. 
Labour and Social Courts Act, Official Gazette of the Republic of Slovenia, No. 2/04. 
Administrative  Dispute  Act,  Official  Gazette  of  the  Republic  of  Slovenia,  Nos 
105/06, 107/09, 62/10, 98/11 and 109/12. 
Civil Procedure Act, Official Gazette of the Republic of Slovenia, Nos 73/07, 45/08, 
45/08,  111/08,  57/09,  12/10,  50/10,  107/10,  75/12,  40/13,  92/13,  10/14  and 
48/15). 
Legal  Aid  Act,  Official  Gazette  of  the  Republic  of  Slovenia,  Nos  96/04,  23/08, 
15/14, 19/15. 
Regulation  on  the  protection  of  health  in  the  workplace  of  pregnant  workers  and 
workers who have recently given birth or are breastfeeding, Official Gazette of the 
Republic of Slovenia, No. 82/2003. 
Regulation  on  Measures  to  Protect  the  Dignity  of  Employees 
Administration, Official Gazette of the Republic of Slovenia, No. 36/2009. 
Regulation on Internal Organisation, Post Classification, Posts and Titles within the 
Bodies  of  the  Public  Administration  and  Justice,  Official  Gazette  of  the  Republic  of 
Slovenia, No. 58/2003. 
Regulation  on  Criteria 
for  Respecting 
Representation, Official Gazette of the Republic of Slovenia, No. 103/04. 

the  Principle  of  Gender-Balanced 

in  Public 

7 

 
 
 
 
2.  General legal framework 

2.1  Constitution 

2.1.1  Does your national Constitution prohibit sex discrimination?  

Yes  it  does.  According  to  Article  14  of  the  Constitution,  in  Slovenia  everyone  shall  be 
guaranteed  equal  human  rights  and  fundamental  freedoms  irrespective  of  national 
origin,  race,  sex,  language,  religion,  political  or  other  conviction,  material  standing, 
birth, education, social status, disability, or any other personal circumstance. 

2.1.2  Does the Constitution contain other Articles pertaining to equality between men 

and women? 

Yes it does. According to Article 22 of the Constitution everyone shall be guaranteed an 
equal  protection  of  rights  in  any  proceeding  before  a  court  and  before  other  state 
authorities,  local  community  authorities,  and  bearers  of  public  authority  that  decide  on 
his or her rights, duties, or legal interests.  According to Article 49, everyone  shall have 
access under equal conditions to any position of employment. 

2.1.3  Can  the  Article(s)  mentioned  in  the  two  previous  questions  be  invoked  in 

horizontal relations (between private parties)? 

Yes, they can be invoked between private parties. 

2.2  Equal treatment legislation 

2.2.1  Does your country have specific equal treatment legislation? 

Yes  it  does.  These  are  the  Act  Implementing  the  Principle  of  Equal  Treatment 
(hereinafter  the  AIPET)  and  the  Act  on  Equal  Opportunities  for  Women  and  Men 
(hereinafter the AEOWM). 

According to Article 2 of the AIPET equal treatment shall be ensured irrespective of sex, 
nationality,  racial  or  ethnic  origin,  religious  or  other  belief,  disability,  age,  sexual 
orientation or other personal circumstances in the area of employment, education, social 
protection,  including  social  security  and  healthcare,  access  to  and  the  supply  of  goods 
and  services,  which  are  available  to  the  public,  including  housing  etc.  In  addition,  the 
AEOWM  defines  gender  equality  and  equal  treatment  in  Articles  4  and  5.  According  to 
Article  4  of  the  AEOWM  gender  equality  means  that  women  and  men  shall  equally 
participate  in  all  fields  of  public  and  private  life  and  that  they  shall  have  equal  status, 
equal  opportunities  for  the  exercise  of  all  rights  and  for  the  development  of  their 
personal  potential  by  which  they  contribute  to  social  development,  as  well  as  equal 
benefit  from  the  results  arising  from  development.  Furthermore,  according  to  Article  5, 
equal  treatment  of  women  and  men  means  the  absence  of  direct  and  indirect  forms  of 
gender-based discrimination. 

8 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
3. 

Implementation of central concepts 

The implementation of central concepts is considered to be satisfactory. 

3.1  Sex/gender/transgender 

3.1.1  Are the terms gender/sex defined in your national legislation? 

No they are not. 

3.1.2 

Is  discrimination  due  to  gender  reassignment  explicitly  prohibited  in  your 
national legislation?  

No  it  is  not.  Discrimination  due  to  gender  reassignment  is  not  explicitly  covered  in 
national  law.  However,  it  can  be  covered  under  ‘other  personal  circumstances’  in 
accordance with the AIPET. There is no case law on this subject. 

3.2  Direct sex discrimination 

3.2.1 

Is direct sex discrimination explicitly prohibited in national legislation?  

Yes it is. Direct discrimination is defined in national legislation, with the AEOWM, AIPET 
and the Employment Relationship Act-1 (hereinafter the ERA-1). According to Article 5/2 
of  the  AEOWM,  Article  4/2  of  the  AIPET  and  Article  6/3  of  the  ERA-1,  direct 
discrimination  occurs  when  a  person  has  been,  is  or  could  be  treated  less  favourably 
than  another  person  in  an  equal  or  comparable  situation  on  the  ground  of  his/her 
personal circumstances. 

This definition complies with the EU definition of direct discrimination. 

3.2.2  Are pregnancy and maternity discrimination explicitly prohibited in legislation as 

forms of direct sex discrimination? 

Pregnancy  and  maternity  discrimination  are  not  explicitly  prohibited  as  forms  of  direct 
discrimination, but merely as forms of discrimination. Article 6/4 of the ERA-1 specifically 
defines  less  favourable  treatment  of  workers  in  connection  with  pregnancy  or  parental 
leave as discrimination. 

This provision complies with Article 2(2)(c) of Directive 2006/54. 

3.2.3  Are there specific difficulties in your country in applying the concept of direct sex 
discrimination? If so, please explain these difficulties, with reference to 
legislation and/or (national) case law if relevant. 

There are no specific difficulties in applying the concept of direct sex discrimination. 

3.3  Indirect sex discrimination 

3.3.1 

Is indirect sex discrimination explicitly prohibited in national legislation?  

Yes  it  is.  Indirect  discrimination  is  defined  in  national  legislation  by  the  AEOWM,  AIPET 
and  the  ERA-1.  According  to  Article  5/3  of  the  AEOWM,  Article  4/3  of  the  AIPET  and 
Article  6/3  of  the  ERA-1  indirect  discrimination  occurs  when  an  apparently  neutral 
provision,  criterion  or  practice  in  equal  or  comparable  situations  and  under  similar 
conditions has put, puts or might put a person with certain personal circumstances in a 
less  favourable  position  compared  to  other  persons,  unless  that  provision,  criterion  or 

9 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
practice is objectively justified by a legitimate aim and the means of achieving that aim 
are appropriate and necessary.  
This definition complies with the EU definition of indirect discrimination. 

3.3.2 

Is  statistical  evidence  used  in  your  country  in order  to  establish  a  presumption 
of  indirect  sex  discrimination?  Please  provide  some  examples  of  cases,  if 
available. 

No statistical evidence is used in Slovenia in order to establish a presumption of indirect 
sex discrimination. 

3.3.3 

Is  in  your  view  the  objective  justification  test  applied  correctly  by  national 
courts? Please provide some examples of cases, if available. 

There is no relevant case law in Slovenia regarding indirect sex discrimination. 

3.3.4  Are  there  specific  difficulties  in  your  country  in  applying the  concept  of  indirect 
sex  discrimination?  If  so,  please  explain  these  difficulties,  with  reference  to 
legislation and/or (national) case law if relevant.  

There are no specific difficulties in applying the concept of indirect sex discrimination. 

3.4  Multiple discrimination and intersectional discrimination 

3.4.1 

Is  multiple  discrimination  –  i.e.  discrimination  based  on  two  or  more  grounds 
simultaneously  –  and/or  intersectional  discrimination  –  i.e.  discrimination 
resulting  from  the  interaction  of  grounds  of  discrimination  which  interact  to 
produce  a  new  and  different  type  of  discrimination  -  explicitly  addressed  in 
national legislation? 

No, multiple discrimination is not explicitly addressed in Slovene national legislation. 

There  are  no  proposals  pending  which  aim  at  incorporating  the  concept  of  multiple 
discrimination and/or the concept of intersectional discrimination in national legislation. 

3.4.2 

Is  there  any  case 
intersectional discrimination (where gender is one of the grounds at stake)? 

law  that  addresses  multiple  discrimination  and/or 

No,  there  is  no  relevant  case  law  that  addresses  multiple  discrimination  and/or 
intersectional discrimination. 

3.5  Positive action 

3.5.1 

Is positive action explicitly allowed in national legislation?  

Yes, positive action measures are explicitly allowed in national legislation. 

Positive measures are defined in the AIPET and the AEOWM. The AIPET is a general act 
and defines the adoption and description of positive action measures, designed to ensure 
the actual equality of persons which are placed in a less favourable position, in particular 
due  to  their  sex,  nationality,  racial  or  ethnic  origin,  religious  or  other  belief,  disability, 
age and sexual orientation. According to Article 6 of the AIPET positive action measures 
may be adopted with the purpose of preventing or eliminating the consequences of such 
a  position  or  as  compensation  for  a  less  favourable  position.  They  include:  positive 
measures, which under the condition of the equal fulfilment of the prescribed criteria and 
conditions  give  priority  to  persons  with  a  particular  personal  circumstance  and  are 
applied  in  cases  where  an  obvious  disproportion  of  the  representation  of  persons  with 

10 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
that  particular  personal  circumstance  exists;  or  incentive  measures,  which  give  special 
benefits  or  implement  special  incentives  for  persons  in  a  less  favourable  position.  The 
AEOWM  is  in  relation  to  the  AIPET  a  ‘lex  specialis.’  It  defines  common  grounds  for  the 
improvement  of  the  status  of  women  and  the  establishment  of  equal  opportunities  for 
women  and  men  in  various  fields  of  social  life.  According  to  Article  7  of  the  AEOWM 
positive action measures are defined as temporary measures aimed at establishing equal 
opportunities  for  women  and  men,  and  promoting  gender  equality  in  specific  fields  of 
social  life  in  which  the  non-balanced  representation  of  women  and  men  (which  exists 
when the representation of one gender in a specific field of social life or in a part of such 
a  field  is  lower  than  40  %)  or  unequal  status  of  persons  of  one  gender  is  ascertained. 
They  can  be  used  to  remove  objective  obstacles  that  bring  about  a  non-balanced 
representation  of  women  and  men  or  an  unequal  status  of  persons  of  one  gender,  as 
well as to give special benefits in the form of incentives to the underrepresented gender 
or to the gender experiencing an unequal status. These incentives must be justified and 
in  proportion  to  the  purpose  of  the  positive  action  measure.  The  AEOWM  includes  the 
following positive action measures: positive measures that give priority in the case of an 
equal  degree  of  the  fulfilment  of  the  prescribed  standards  and  conditions  to  persons  of 
that gender which is underrepresented or which is experiencing  an unequal status, until 
balanced or equal representation is achieved; encouraging measures that provide special 
benefits  or  introduce  special incentives  for  the  purpose  of  eliminating  the  non-balanced 
representation  of  women  and  men  or  unequal  status  on  account  of  gender;  and 
programme measures in the form of awareness-raising activities and action plans for the 
promotion and establishment of equal opportunities and gender equality. 

This definition complies with the EU definition found in Article 157 TFEU(4). 

3.5.2  Are there specific difficulties in your country in relation to positive action? If so, 

please explain these difficulties, with reference to legislation and/or (national) 
case law if relevant.  

There are no specific difficulties in relation to positive action. 

3.5.3  Has your country adopted measures that aim to improve the gender balance in 

company boards? 

Slovenia adopted measures that aim to improve the gender balance on company boards 
with the Regulation on Criteria for Respecting the Principle of Gender-Balanced 
Representation (hereinafter the RCRPGBR) in 2004 
http://www.pisrs.si/Pis.web/pregledPredpisa?id=SKLE4452). 
However, those measures are only in force for state-owned companies. 

Yes. According to the RCRPGBR, the principle of gender-balanced representation must be 
applied  in  nominating  or  appointing  government  representatives  to  management  and 
supervisory  boards  of  state-owned  enterprises  (executives  and  non-executives)  and 
other entities of public law. The principle is therefore applied when the representation of 
one sex is at least 40 %. No sanctions apply if the principle is not respected. 

3.5.4  Has your country adopted other positive action measures to improve the gender 
balance  in  some  fields,  e.g.  in  political  candidate  lists  or  political  bodies?  If  so, 
please describe these measures.  

Due to a very low representation of women in politics the General Assembly decided to 
adopt positive action measures in the political field in order to promote gender-balanced 
representation  in  the  decision-making  processes.  To  this  end,  the  European  Parliament 
Elections Act was adopted in 2002, the Act amending the Local Elections Act in 2005 and 
the  Act  amending  the  General  Assembly  Elections  Act  in  2006.  With  those  Acts  they 
introduced 40 % women quotas on candidate lists that need to be respected for elections 

11 

 
 
 
 
 
 
 
 
to  the  European  Parliament  and  local  elections,  and  35  %  women  quotas  on  candidate 
lists  for  parliamentary  elections.  In  addition,  there  is  a  requirement  that  every  second 
candidate in  the  first  half  of  the  candidate  list  has  to  be  a  woman.  For  elections  to  the 
European  Parliament  there  is  a  rule  that  in  the  first  half  of  the  candidate  list  both 
genders  must  be  represented  by  at  least  one  candidate.  No  similar  rule  exists  for 
parliamentary elections. 

Besides,  according  to  the  RCRPGBR,  the  principle  of  gender-balanced  representation 
must be applied in the composition of governmental bodies; in nominating or appointing 
government representatives in public enterprises and other entities of public law; and in 
the  composition  of  expert  councils,  established  by  the  Ministers.  The  principle  is 
therefore applied when the representation of one sex is at least 40 %.  

3.6  Harassment and sexual harassment 

3.6.1 

Is harassment explicitly prohibited in national legislation? 

Yes, harassment is explicitly prohibited in national legislation. 

Harassment is prohibited under Article 5 of the AIPET, Article 7 of the ERA-1 and Article 
2  of  the  Regulation  on  Measures  to  Protect  the  Dignity  of  Employees  in  Public 
Administration (hereinafter the RMPDEPA). According to the above-mentioned legislation 
harassment is unwanted conduct, based on any kind of personal circumstance, with the 
purpose  or  effect  of  violating  the  dignity  of  the  person  and  of  creating  an  intimidating, 
hostile,  degrading,  humiliating  or  offensive  environment.  Harassment  is  deemed  to  be 
discrimination. 

This  definition  complies  with  the  EU  definition  found  in  Article  2(1)(c)  of  Directive 
2006/54. 

3.6.2  Does  the  definition  of  harassment  cover  a  broader  scope  than  employment  in 

your country? If so, please specify the scope. 

The  definition  of  harassment  covers  a  broader  scope  than  employment.  The  definition 
applies  to  all  persons  in  exercising  their  rights  and  duties  and  implementing  human 
rights and fundamental freedoms. 

3.6.3 

Is sexual harassment explicitly prohibited in national legislation? 

Yes, sexual harassment is explicitly prohibited in national legislation. 

Sexual  harassment  is  prohibited  under  Article  7  of  the  ERA-1  and  Article  2  of  the 
RMPDEPA.  According  to  the  ERA-1  and  the  RMPDEPA  sexual  harassment  is  any  form  of 
undesired verbal, non-verbal or physical action or behaviour of a sexual nature with the 
effect  or  purpose  of  adversely  affecting  the  dignity  of  a  person,  especially  where  this 
involves  the  creation  of  an  intimidating,  hostile,  degrading,  humiliating  or  offensive 
environment.  

3.6.4  Does  the  definition  of  sexual  harassment  cover  a  broader  scope  than 

employment in your country? If so, please specify the scope. 

No it does not. Sexual harassment explicitly covers only the area of employment. 

12 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.6.5  Does national legislation specify that harassment and sexual harassment as well 
as  any  less  favourable  treatment  based  on  the  person’s  rejection  of  or 
submission  to  such  conduct  amounts  to  discrimination  (see  Article  2(2)(a)  of 
Directive 2006/54)?  

According  to  Articles  5/2  of  the  AIPET  and  7/2  of  the  ERA-1  sexual  harassment  and 
harassment are deemed to be discrimination. And according to Article 7/3 of the ERA-1 
less  favourable  treatment  as  a  result  of  the  rejection  of  or  submission  to  such  conduct 
amounts to discrimination in employment. 

3.7  Instruction to discriminate 

3.7.1 

Is an instruction to discriminate explicitly prohibited in national legislation?  

Yes  they  are.  According  to  Article  4/4  of  the  AIPET,  instructions  to  discriminate  are 
deemed  to  constitute  direct  or  indirect  discrimination.  Besides,  they  are  recognized  as 
direct or indirect discrimination in accordance with Article 6/3 of the ERA-1. 

3.7.2  Are  there  specific  difficulties  in  your  country  in  relation  to  the  concept  of 
instruction to discriminate? If so, please explain these difficulties, with reference 
to legislation and/or (national) case law if relevant. 

There  are  no  specific  difficulties  in  relation  to  the  concept  of  an  instruction  to 
discriminate. 

3.7.3 

Is incitement to discrimination explicitly prohibited in your country? 

Incitement to discrimination is not explicitly prohibited in Slovenia. 

3.8  Other forms of discrimination 

Are  any  other  forms  of  discrimination  prohibited  in  national  law,  such  as  discrimination 
by association or assumed discrimination? 

No, there are no other forms of discrimination prohibited in Slovene legislation. 

13 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4. 

Equal  pay  and  equal  treatment  at  work  (Article  157  TFEU  and  Recast 
Directive 2006/54) 

In  general  the  implementation  of  the  legal  framework  regarding  equal  pay  and  equal 
treatment  at  work  is  considered  to  be  satisfactory.  However,  there  are  some  gaps  as 
well. The concept of work of equal value and the term comparator are not defined, there 
is lack of information on comparable jobs and the salaries of comparators are extremely 
difficult to discover for a potential victim of discrimination to start judicial proceedings in 
relation to pay discrimination before the competent court. 

4.1  Equal pay 

4.1.1 

Is the principle of equal pay for equal work or work of equal value implemented 
in national legislation? 

Yes  it is.  According  to  Article  133  of  the  ERA-1  workers  must  be  paid  equally  for  equal 
work  and  for  work  of  equal  value  regardless  of  their  sex;  any  provisions  in  individual 
employment contracts or collective agreements or any acts by the employer that breach 
this  principle  are  void.  And  Article  1  of  the  Act  on  the  System  of  Salaries  in  the  Public 
Sector (hereinafter the ASSPS) lays down the principle of equal pay for male and female 
workers for work in comparable posts, titles and functions in the public sector.  

4.1.2 

Is the concept of pay defined in national legislation? 

Yes  it  is.  According  to  Article  126  of  the  ERA-1  the  concept  of  pay  covers  a  salary, 
composed of a basic salary (which must always be paid as a sum of money), a salary on 
the  basis  of  work  efficiency  and  benefits;  and  any  other  types  of  remuneration  if  so 
stipulated in collective agreements. This definition complies, in my opinion, with the one 
in the TFEU.  

4.1.3  Does  national  law  explicitly  implement  Article  4  of  Recast  Directive  2006/54 
(prohibition of direct and indirect discrimination on grounds of sex with regard to 
all aspects and conditions of remuneration)? 

No it does not. It merely defines that workers must be paid equally for equal work and 
for work of equal value regardless of their sex. 

4.1.4 

Is a comparator required in national law as regards equal pay? 

Article 1 of the ASSPS lays down the principle of equal pay for male and female workers 
for work in comparable posts and functions in the public sector and provides a legal basis 
for  publicly  divulging  salaries  in  the  public  sector.  Besides  the  above-mentioned  term 
comparable posts and functions in the ASSPS, which has not yet been interpreted by the 
courts, the term comparator has not yet been defined in Slovene law and is not required 
in Slovene law. 

4.1.5  Does  national  law  lay  down  parameters  for  establishing  the  equal  value  of  the 
work  performed,  such  as  the  nature  of  the  work,  training  and  working 
conditions?  

No it does not. The concept of work of equal value is not defined. 

4.1.6  Does national (case) law address wage transparency in any way? 

No it does not. Data on the salaries of workers in the private sector are not considered to 
be  personal  data  and  are  therefore  not  available  to  co-workers.  Due  to  the  lack  of 
information on comparable jobs and the salaries of comparators it is therefore extremely 

14 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
difficult for a potential victim of discrimination to start judicial proceedings in relation to 
discrimination before the competent court. 

4.1.7 

Is  the  European  Commission’s  Recommendation  of  7  March  2014  on 
strengthening  the  principle  of  equal  pay  between  men  and  women  through 
transparency applied in your country? If so, how? 

No it is not. 

4.1.8  Which  justifications  for  pay  differences  are  allowed  in  legislation  and/or  case 

law? 

No  justifications  for  pay  differences  are  allowed  either  in  legislation  or  in  the  case  law. 
There is no relevant case law on this subject. 

4.1.9  Are  there  specific  difficulties  related  to  the  application  of  the  principle  of  equal 
pay for equal work and work of equal value in practice? For example in case of 
out-sourcing? 

There is no relevant case law on this subject. 

4.2  Access to work and working conditions 

4.2.1 

Is  the  personal  scope  in  relation  to  access  to  employment,  vocational  training, 
working  conditions  etc.  defined  in  national  law  (see  Article  14  of  Directive 
2006/54)? 

Yes, the personal scope in relation to access to employment, vocational training, working 
conditions etc. is defined in various provisions of the AIPET, ERA-1 and PSA. 

Common  bases  and  premises  for  ensuring  equal  treatment  of  all  persons  as  regards 
access  to  employment,  vocational  training  and  promotion  and  working  conditions  are 
determined by Articles 1 and 2 of the AIPET, whereas concrete provisions are included in 
the  ERA-1  and  in  the  Public  Servants  Act  (hereinafter  the  PSA).  Article  6  the  ERA-1 
prohibits  the  discrimination  of  job  applicants  and  employees  on  the  ground  of  gender; 
Article  27  of  the  ERA-1  provides  for  equal  treatment  of  job  applicants  in  advertising  a 
vacancy;  Article  47  of  the  ERA-1  protects  workers  from  harassment  and  sexual 
harassment  and  obliges  employers  to  take  measures  to  prevent  harassment,  sexual 
harassment and the bullying of workers and to protect workers against unfair dismissal 
due  to  gender,  pregnancy  and  parenthood  (Articles  90  and  115  of  the  ERA-1).  In 
addition, the principle of equal access of civil servants to working positions is defined by 
Article 7 of the PSA. 

Those provisions cover all workers who have entered into an employment relationship on 
the  basis  of  a  concluded  employment  contract.  This  definition  also  includes  workers  in 
‘atypical’ employment such as those in fixed-term contracts, temporary agency workers, 
the unemployed performing public works, and part-time and home workers.  

The  self-employed  are  protected  by  Article  2  of  the  AIPET  as  well.  According  to  this 
Article equal treatment  shall be ensured irrespective  of  sex, nationality,  racial or ethnic 
origin,  religious  or  other  belief,  disability,  age,  sexual  orientation  or  other  personal 
circumstances,  in  relation  to  conditions  for  access  to  self-employment,  including 
selection criteria and recruitment conditions irrespective of the type of activity and at all 
levels of the occupational hierarchy.  

Volunteers  are  also  specifically  protected  against  discrimination  under  Article  10  of  the 
Act  on  Volunteering.  According  to  this  provision,  volunteers  must  be  treated  equally 

15 

 
 
 
 
 
 
 
 
 
 
 
 
 
upon  joining  the  organization  and  when  performing  voluntary  work  irrespective  of 
personal  circumstances  such  as  gender,  ethnicity,  race  or  ethnic  origin,  invalidity,  age, 
sexual orientation and other personal circumstances. 

The definition of a worker is provided in Article 5 of the ERA-1. 

According to Article 5 of the ERA-1 a worker is any natural person who has entered into 
an employment relationship on the basis of a concluded contract of employment.  

This  definition  of  a  ‘worker’  is  quite  narrow  but  is  adequate  as  far  as  the  Directive  is 
concerned. However, it has not yet been further developed by the Slovene case law. 

4.2.2 

Is  the  material  scope  in  relation  to  (access  to)  employment  defined  in  national 
law (see Article 14(1) of the Recast Directive 2006/54)? 

Yes, the material scope in relation to (access to) employment is defined in the AIPET. 

According to Article 2 of the AIPET, equal treatment shall be ensured irrespective of sex, 
nationality,  racial  or  ethnic  origin,  religious  or  other  belief,  disability,  age,  sexual 
orientation  or  other  personal  circumstance,  in  relation  to  conditions  for  access  to 
employment,  self-employment  and  occupation, 
including  selection  criteria  and 
recruitment  conditions  irrespective  of  the  type  of  activity  and  at  all  levels  of  the 
occupational  hierarchy,  including  promotion;  access  to  all  forms  and  levels  of  career 
orientation  and  counselling,  vocational  and  professional  education  and  training,  further 
vocational  training  and  retraining,  including  practical  work  experience;  employment 
conditions and working conditions, including the termination of the employment contract 
and  salaries;  and  membership  of  and  participation  in  an  organisation  of  workers  or 
employers  or  any  other  organisation,  whose  members  carry  on  a  particular  profession, 
including the benefits that such organisations provide. 

The scope of this definition is the same as the scope of Article 14(1) of Recast Directive 
2006/54. 

4.2.3  Has the exception on occupational activities been implemented into national law 

(see Article 14(2) of Recast Directive 2006/54)? 

Yes,  exceptions  are  provided  in  the  AIPET  and  ERA-1.  Article  2a  of  the  AIPET  allows  a 
difference  of  treatment  on  the  grounds  of  a  specific  personal  circumstance  if  such 
differentiated treatment is justified by a legitimate objective and the means of achieving 
that objective are appropriate and necessary. Differentiated treatment based on grounds 
of  sex,  nationality,  racial  or  ethnic  origin,  religious  or  other  belief,  disability,  age  or 
sexual  orientation  therefore  does  not  constitute  discrimination  where  by  reason  of  the 
nature of the particular occupational activities concerned or of the context in which they 
are carried out, such a characteristic constitutes a genuine and determining occupational 
requirement, provided that its objective is legitimate and the requirement is appropriate 
and necessary. 

Besides,  there  are  two  provisions  in  the  ERA-1  allowing  for  exceptions  to  equal 
treatment.  Article  6/5  of  the  ERA-1  provides  the  legal  grounds  for  such  exceptions  and 
Article  27/1  of  the  ERA-1  allows  for  an  exception  when  advertising  a  vacancy  only  for 
men or only for women if the recruitment of one particular sex constitutes a genuine and 
determining  working  requirement,  provided  that  the  objective  is  legitimate  and  the 
requirement is proportionate. 

I am not aware of any  available information on an assessment by the Member State  of 
the  occupational  activities  referred  to  in  Article  14(2).  There  have  been  no  legislative 
changes to the AIPET since 2007. 

16 

 
 
 
 
 
 
 
 
 
 
 
4.2.4  Has  the  exception  on  protection  for  women,  in  particular  as  regards  pregnancy 
and  maternity,  been  implemented  in  national  law  (see  Article  28(1)  of  Recast 
Directive 2006/54)? 

Yes, it has been implemented with the ERA-1. 

Article  115/1  of  the  ERA-1  prohibits  the  termination  of  the  employment  contract  of  a 
female  worker  during  the  period  of  pregnancy  and  during  the  time  that  she  is 
breastfeeding  until  the  child  reaches  the  age  of  one.  This  special  measure  is  equally 
related to a woman's biological condition during and after pregnancy and the relationship 
between a woman and her child over the period which follows pregnancy and childbirth. 
Furthermore,  according  to  Article  181  a  female  worker  may  in  general  not  carry  out 
underground  work  in  mines.  There  are  some  exceptions  for  women  who  must  spend  a 
certain period of their work experience doing underground work in mines as part of their 
professional education, for women who are in leading positions in mines and women who 
are employed in healthcare and the social services or in other cases where they must go 
underground  into  a  mine  to  perform  non-manual  work.  There  is  another  exception 
defined  in  Articles  146/2  and  185/2  which  prohibit  overtime  work  and  night  work  by 
female  workers  during  pregnancy  and  for  another  year  after  she  has  given  birth  or 
throughout the time she is breastfeeding if the risk assessment of such work indicates a 
risk to her or her child’s health.  

4.2.5  Are there particular difficulties related to the personal and/or material scope of 
national  law  in  relation  to  access  to  work,  vocational  training,  employment, 
working conditions etc.?  

There  are  no  particular  difficulties  related  to  the  personal  and/or  material  scope  of 
national  law  in  relation  to  access  to  work,  vocational  training,  employment,  working 
conditions etc. 

17 

 
 
 
 
 
 
 
5. 

Pregnancy and maternity protection; maternity, paternity, parental leave 
and adoption leave (Directive 92/85, relevant provisions of the Directives 
2006/54 and 2010/18) 

The implementation of EU directives regarding pregnancy and maternity is considered to 
be  satisfactory.  Slovenian law  even  goes  further  than  what  EU  requires,  for  example  in 
providing for longer maternity and parental leave and higher benefits during leave, or by 
prohibiting an employer from requiring certain information from the applicant. 

5.1  Pregnancy and maternity protection 

5.1.1  Does national law define a pregnant worker? 

A  pregnant  worker  is  defined  in  the  Regulation  on  the  protection  of  health  in  the 
workplace  of  pregnant  workers  and  workers  who  have  recently  given  birth  or  are 
breastfeeding  (hereinafter  the  Regulation  protecting  workers  due  to  pregnancy  and 
maternity), but only for the purpose of this Regulation. 

According  to  Article  2  of  the  Regulation  protecting  workers  due  to  pregnancy  and 
maternity a pregnant worker is a worker who notifies her employer about her condition 
with a medical certificate. The period of pregnancy runs from the pregnancy notification 
given by the employee to the employer up until the delivery. 

5.1.2  Are  the  protective  measures  mentioned  in  the  Articles  4-7  of  Directive  92/85 

implemented in national law? 

Yes  they  are  implemented  in  the  ERA-1  and  the  Regulation  protecting  workers  due  to 
pregnancy and maternity. 

According  to  Article  184  of  the  ERA-1  a  female  worker  may  not  carry  out  work  which 
might  present  a  risk  to  her  or  her  child’s  health  due  to  exposure  to  risk  factors  or 
working  conditions  during  pregnancy  and  throughout  the  time  she  is  breastfeeding. 
Provisions on the assessment of any risk to the safety or health and any possible effects 
on  the  pregnancy  or  breastfeeding  of  the  workers  concerned,  and  on  measures  and 
actions to be taken with respect to health and safety at work based on the results of the 
assessment  are  contained  in  the  Regulation  protecting  workers  due  to  pregnancy  and 
maternity. If during pregnancy and throughout the time a female worker is breastfeeding 
she  carries  out  work  involving  exposure  to  risk  factors  and  procedures  and  working 
conditions, defined in more detail in the Regulation protecting workers due to pregnancy 
and  maternity,  the  employer  must  take  appropriate  measures  in  order  to  temporarily 
adjust the working conditions or the working time if the risk assessment indicates a risk 
to her or her child’s health. If a female worker carries out the work referred to and the 
risk  to  her  or  her  child’s  health  cannot  be  avoided  through  a  temporary  adjustment  of 
the  working  conditions  or  the  working  time,  the  employer  must  provide  the  female 
worker with other appropriate work. The female worker shall be obliged to perform other 
appropriate  work  and  shall  be  entitled  to  a  salary  equivalent  to  the  salary  she  would 
receive  for  the  performance  of  her  own  work  if  this  is  more  favourable  to  her.  If  the 
employer fails to provide the female worker with other appropriate work, it must ensure 
that during her absence from work for this reason her salary compensation complies with 
the  Article  137  of  the  ERA-1  regarding  salary  compensation.  In  addition  to  the  above-
mentioned legislation, Articles 146/2 and 185/2 of the ERA-1 prohibit overtime work and 
night  work  by  female  workers  during  pregnancy,  and  for  another  year  after  she  has 
given  birth  or  throughout  the  time  she  is  breastfeeding  if  the  risk  assessment  of  such 
work indicates a risk to her or her child’s health. Furthermore, Article 181 of the ERA-1 
prohibits  underground  work  in  mines  for  female  workers.  However,  there  are  some 
exceptions  for  women  who  must  spend  a  certain  period  of  their  work  experience  doing 
underground work in mines as part of their professional education, for women who are in 

18 

 
 
 
 
 
 
 
 
leading  positions  in  mines  and  women  who  are  employed  in  healthcare  and  social 
services or in other cases where they must go underground into a mine to perform non-
manual work.  

5.1.3 

Is dismissal prohibited in national law from the beginning of the pregnancy until 
the end of the maternity leave (see Article 10(1) of Directive 92/85)? 

Yes,  dismissal  is  prohibited  from  the  beginning  of  the  pregnancy  until  the  end  of  the 
maternity leave. 

According  to  Article  115  of  the  ERA-1  the  dismissal  of  women  is  absolutely  prohibited 
during  the  period  of  pregnancy  and  during  the  time  that they  are  breastfeeding  a  child 
up to one  year  of age.  The dismissal of parents is also absolutely prohibited during the 
period that they are on parental leave in the form of full absence from work and for one 
month  after  returning  to  work.  If  the  employer,  when  cancelling  the  employment 
contract of a worker and/or during the period of notice, is not aware of the pregnancy of 
the  worker,  special  legal  protection  against  dismissal  shall  apply  if  the  worker 
immediately  or,  in  case  of  obstacles  which  did  not  occur  due  to  her  fault,  immediately 
after the elimination of these obstacles, but not after the expiry of the period of notice, 
informs  the  employer  of  her  pregnancy,  which  shall  be  proved  by  submitting  a  medical 
certificate. 

5.1.4 

In cases of dismissal from the beginning of pregnancy until the end of maternity 
leave,  is  the  employer  obliged  to  indicate  substantiated  grounds  for  the 
dismissal in writing (see Article 10(2) of Directive 92/85)? 

Yes the employer is obliged to indicate substantiated grounds for the dismissal in writing. 

According  to  Article  115/5  of  the  ERA-1  an  employer  may  cancel  the  employment 
contract and the worker may be dismissed after obtaining preliminary consent from the 
labour  inspectorate  if  reasons  for  an  extraordinary  cancellation  exist  or  due  to  the 
introduction of a procedure for termination by the employer. 

5.2  Maternity leave 

5.2.1  How  long  (in  days  or  weeks)  is  maternity  leave?  Please  specify  the  relevant 

legislation and Article(s). 

Female  workers  are  entitled  to  a  maternity  leave  of  105  days  (15  weeks)  according  to 
Article 19/1 of the Parental Care and Family Benefits Act-1 (hereinafter the PPFBA-1). 

5.2.2 

Is there an obligatory period of maternity leave before and/or after birth? 

Yes,  there  is.  According  to  Article  19/2  of  the  PPFBA-1  15  days  of  the  maternity  leave 
are compulsory. 

5.2.3 

Is  there  a  legal  provision  insuring  that  the  employment  rights  relating  to  the 
employment contract are ensured in the cases referred to in Articles 5, 6 and 7 
of Directive 92/85? 

Yes  there  is.  According  to  Article  186/3  of  the  ERA-1  the  employer  must  enable  the 
worker to start performing work consistent with that worker’s employment contract after 
the end of parental leave. 

19 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
5.2.4 

Is  there  a  legal  provision  that  ensures  the  employment  rights  relating  to  the 
employment  contract  (including  pay  or  an  adequate  allowance)  are  ensured 
during the pregnancy and maternity leave? 

Yes,  there  is.  In  accordance  with  Article  186/4  of  the  ERA-1  rights  acquired  or  in  the 
process of being acquired by the worker on the date on which parental leave starts are 
maintained as they stand until the end  of parental leave.  Immediately after the worker 
returns  to  work,  he/she  may  exercise  acquired  rights  or  rights  that  have  improved 
during the worker's absence from work, if he/she could not exercise them during his/her 
absence. 

5.2.5 

Is  pay  or  an  allowance  during  the  pregnancy  and  maternity  leave  at  the  same 
level as sick leave or is it higher? 

No,  maternity  and  parental  benefits  are  not  at  the  same  level  as  sick  leave.  They  are 
higher. Their amount is defined under Articles 42 to 47 of the PPFBA-1. In the event of 
the worker’s absence from work the salary compensation amounts from 70 % to 100% 
of the worker’s salary in the preceding month for full-time work depending on the reason 
for taking sick leave (illness or an injury at work, illness or an injury not related to work, 
taking  care  of  a  close  family  member).  Sick  leave  is  defined  in  Article  31  of  the  Health 
Care  and  Health  Insurance  Act  (hereinafter  the  HCHIA),  Article  6  of  the  Public  Finance 
Balance Act (hereinafter the PFBA) and Article 137 of the ERA-1. 

According to Article 41 of the PPFBA-1 insured persons on maternity leave are entitled to 
the  maternity  benefit  which  is  equal  to  100  %  of  their  average  salary  over  the  twelve 
months  immediately  prior  to  the  date  on  which  the  benefit  was  claimed.  There  is  no 
ceiling for maternity benefit. 

According  to  Articles  145  and  146  of  the  PFBA,  which  was  adopted  in  May  2012  in  the 
context  of  cost-cutting  measures,  the  parental  benefit  and  the  paternity  benefit  no 
longer  equal  100 %  of  the  average  salary  over  the  twelve  months  prior  to  the  date  on 
which  the  benefits  were  claimed,  but  amount  to  90  %  of  the  average  salary  over  the 
twelve months prior to the date on which the benefits were claimed. However, parental 
benefit  amounts  to  100  %  of  the  average  salary  over  the  twelve  months  prior  to  the 
date on which the benefits were claimed if it does not  exceed EUR  763.06.  In addition, 
there  is  a  ceiling  for  parental  benefits.  The  amount  of  parental  benefits  may  not  be 
higher than twice the average monthly salary in the Republic of Slovenia. 

5.2.6  Are  statutory  maternity  benefits  supplemented  by  some  employers  up  to  the 

normal remuneration? 

No, statutory maternity benefits are not supplemented by employers. 

5.2.7  Are  there  conditions  for  eligibility  for  benefits  applicable  in  national  legislation 

(see Article 11(4) of Directive 92/85)? 

Yes  there  are.  In  order  to  be  entitled  to  parental  benefits  the  relevant  persons  need  to 
be insured pursuant to Article 41 of the PPFBA-1 before the day of the commencement of 
the  individual  type  of  parental  leave.  If  they  are  no  longer  insured  but  were  previously 
insured for at least twelve months in the past three years prior to exercising the right to 
parental benefits, they are entitled to parental benefits as well. 

20 

 
 
 
 
 
 
 
 
 
 
5.2.8 

In  national  law,  is  there  a  provision  that  guarantees  the  right  of  a  woman  to 
return  after  maternity  leave  to  her  job  or  to  an  equivalent  job,  on  terms  and 
conditions  that  are  no  less  favourable  to  her,  and  to  benefit  from  any 
improvement  in  working  conditions  to  which  she  would  have  been  entitled 
during her absence (see Article 15 of Directive 2006/54)? 

Yes  there  is.  According  to  Article  186/3  of  the  ERA-1  the  employer  must  enable  the 
worker  to  start  performing  work  consistent  with  his/her  employment  contract  after  the 
end of the parental leave. 

5.3  Adoption leave 

5.3.1  Does national legislation provide for adoption leave? 

Yes  it  does.  However,  adoption  leave  is  no  longer  a  separate  category  of  leave  but  is 
counted as parental leave. 

According  to  Article  39  of  the  PPFBA-1  the  adoptive  parent  or  the  person  to  whom  the 
child has been entrusted for raising and nursing for the purpose of adoption are entitled 
to  parental  leave  of  the  same  duration  as  birth  parents  until  the  child  finishes  the  first 
year  of  primary  school.  The  adoptive  parent  may  start  using  the  parental  leave  at  the 
latest 15 days after the child is placed in the family for the purpose of adoption and must 
inform  the  employer  of  the  use  of  parental  leave  not  later  than  three  days  after  the 
reason for its use arises. 

5.3.2  Did  the  Government  take  measures  to  address  the  specific  needs  of  adoptive 

parents (see Clause 4 of Directive 2010/18)? 

No, the Government did not take any measures to address the specific needs of adoptive 
parents according to Directive 2010/18. 

5.3.3  Does national legislation provide for protection against dismissal of workers who 
take  adoption  leave  and/or  specify  their  rights  after  the  end  of  adoption  leave 
(see Article 16 of Directive 2006/54)? 

Yes,  national  legislation  provides  for  protection  against  dismissal  for  workers  who  take 
parental  leave  (since  adoption  leave  is  no  longer  a  separate  category  of  leave  but  is 
considered as parental leave) and specify their rights after the end of adoption leave. 

As regards dismissals related to parental leave, Article 90 of the ERA-1 includes among 
the  unlawful  reasons  for  the  ordinary  termination  of  an  employment  contract  absence 
from  work  due  to  parental  leave.  Furthermore,  the  dismissal  of  parents  is  absolutely 
prohibited during the period that they are on  parental leave in the form of full absence 
from  work  and  for  one  month  after  returning  to  work  according  to  Article  115  of  the 
ERA-1. 

According  to  Article  186/3  of  the  ERA-1  the  employer  must  enable  the  worker  to  start 
performing  work  consistent  with  his/her  employment  contract  after  the  end  of  the 
parental  leave.  Furthermore,  in  accordance  with  Article  186/4  of  the  ERA-1,  rights 
acquired or in the process of being acquired by the worker on the date on which parental 
leave  starts  are  maintained  as  they  stand  until  the  end  of  parental  leave.  Immediately 
after the worker returns to work, he/she may exercise acquired rights or rights that have 
improved  during  the  worker's  absence  from  work,  if  he/she  could  not  exercise  them 
during his/her absence. 

21 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
5.4  Parental leave 

5.4.1  Has Directive 2010/18 been explicitly implemented in your country?  

Yes it has been. 

Directive 2010/18 was implemented with the adoption of the PPFBA-1 in April 2014. 

5.4.2 

Is  the  national  legislation  applicable  to  both  the  public  and  the  private  sector 
(see Clause 1 of Directive 2010/18)? 

The  national  legislation  is  applicable  to  both  the  public  and  the  private  sector.  There  is 
no distinction between state and private employees. 

5.4.3  Does  the  scope  of  the  national  transposing  legislation  include  contracts  of 
employment  or  employment  relationships  related  to  part-time  workers,  fixed-
term contract workers or persons with a contract of employment or employment 
relationship with a temporary agency? 

Part-time  workers,  fixed-term  contract  workers  or  persons  with  a  contract  of 
employment  or  employment  relationship  with  a  temporary  agency  are  able  to  access 
maternity, paternity and parental rights in the same manner as all other insured persons 
if they are included in the system of insurance for parental protection.  

5.4.4  What is the total duration of parental leave? If the provisions regarding duration 
differ between the public and the private sector, please address the two sectors 
separately.  

According  to  the  PPFBA-1,  the  duration  of  parental  leave  is  260  days,  which  are 
distributed  between  the  parents.  The  parental  leave  may  be  extended  by  90  days  for 
twins; by 90 days for each subsequent child when several children are born alive at the 
same time; by as many days as the pregnancy was shorter than 260 days in the case of 
a  premature  child;  and  by  90  days  on  the  basis  of  an  opinion  delivered  by  the  medical 
board in the case of the birth of a child in need of special care.  

5.4.5 

Is the right of parental leave individual for each of the parents? 

Yes, each of the parents has an individual right to a parental leave  of 130 days,  where 
the  mother  may  transfer  100  days  to  the  father  and  30  days  are  non-transferable;  the 
father may transfer all of the 130 days to the mother. 

5.4.6  What form  can parental leave take (full-time or part-time, piecemeal, or in the 
form of a time-credit system)? Do the various available options allow taking into 
account  the  needs  of  both  employers  and  workers  and  if  so,  how  is  that  done 
(see Clause 3 of Directive 2010/18)? 

According to Article 34 of the PPFBA-1 parental leave can be taken in a continuous series 
of days on a full-time or a part-time basis. 

5.4.7 

Is  there  a  notice  period  and  if  so,  how  long  is  it?  Does  the  national  legislation 
take sufficient account of the interests of workers and of employers in specifying 
the  length  of  such  notice  periods  and  how  is  that  done?  (see  Clause  3  of 
Directive 2010/18)? 

The  time  schedule  for  a  partial  absence  from  work  shall  be  agreed  by  the  parents 
between  themselves  and  their  employer  according  to  Article  34  of  the  PPFBA-1. 
Therefore the national legislation takes sufficient account of the interests of workers and 

22 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
of employers in specifying the length of such periods of notice. If an agreement cannot 
be  reached,  the  right  to  the  use  of  the  leave  shall  be  decided  by  the  Centre  for  Social 
Work, where it shall consider the child’s interests. An employee is obliged to inform the 
employer  of  his  or  her  intention  to  use  parental  leave  30  days  prior  to  the  envisaged 
commencement of the leave in accordance with Articles 186/2 of the ERA-1 and 18/1 of 
the  PPFBA-1.  Parents  who  have  transferred  part  of  their  parental  leave  according  to 
Article 36 of the PPFBA-1 may use it in a continuous series in the form of full or partial 
absence from work, not more than twice a year for a period of at least 15 calendar days, 
until a child finishes the first year of primary school. Parents do not have to inform their 
employers  prior  to  the  commencement  of  the  transferred  leave  because  the  written 
agreement, concluded 30 days prior to the expiry of maternity leave according to Article 
33  of  the  PPFBA-1,  has  already  been  submitted  to  them.  But  they  have  to  inform  their 
employer  of  any  change  in  the  use  of  parental  leave  within  three  days  after  the 
emergence  of  the  reason  for  changing  the  written  agreement  according  to  Article  37  of 
the PPFBA-1. 

5.4.8 

Is  there  a  work  and/or  length  of  service  requirement  in  order  to  benefit  from 
parental leave?  

Yes there is. In order to be entitled to parental benefits the relevant persons need to be 
insured  pursuant  to  Article  41  of  the  PPFBA-1  before  the  day  of  the  commencement  of 
the  individual  type  of  parental  leave.  If  they  are  no  longer  insured  but  were  previously 
insured for at least twelve months in the past three years prior to exercising the right to 
parental benefits, they are entitled to parental benefits as well. This rule also applies to 
successive  fixed-term  contracts  with  the  same  employer  regarding  the  sum  taken  into 
account for the purpose of calculating the qualifying period. 

5.4.9  Are there situations where the granting of parental leave may be postponed for 

justifiable reasons related to the operation of the organisation? 

The PPFBA-1 does not provide for situations where the granting of parental leave may be 
postponed for justifiable  reasons  related to the  operation of the  organisation. However, 
the  time  schedule  for  a  partial  absence  from  work  may  be  agreed  between  the 
employers and the parents.  

5.4.10  Are there special arrangements for small firms? 

There are no special arrangements regarding the size of the employer. 

5.4.11  Are  there  any  special  rules/exceptional  conditions  for  access  and  modalities  of 
application of parental leave to the needs of parents of children with a disability 
or a long-term illness? 

Yes,  there  are  some  special  rules  for  access  to  and  the  modalities  of  the  application  of 
parental leave to the needs of parents of children with a disability or a long-term illness. 

In  the  case  of  the  birth  of  a  child  who  needs  special  care,  parental  leave  may  be 
extended by 90 days on the basis of an opinion delivered by the medical board according 
to Article 29/5 of the PPFBA-1. Furthermore, parental leave may also be extended by 90 
days  if  it  is  established  that  the  child  suffers  from  a  disturbance  in  physical  or  mental 
development  or  a  long-term  severe  illness  after  full  parental  leave  has  been  used  and 
the child has not yet reached the age of 18 months according to Article 32 of the PPFBA-
1.  

23 

 
 
 
 
 
 
 
 
 
 
5.4.12  Are  there  provisions  to  protect  workers  against  less  favourable  treatment  or 
dismissal  on  the  grounds  of  an  application  for,  or  the  taking  of,  parental  leave 
(see Clause 5 of Directive 2010/18)? 

Yes  there  are.  As  regards  dismissals  related  to  parental  leave,  the  ERA-1  in  Article  90 
includes  among  the  unlawful  reasons  for  the  ordinary  termination  of  an  employment 
contract  an  absence  from  work  due  to  parental  leave.  Furthermore,  the  dismissal  of 
parents is absolutely prohibited during the period that they are on parental leave in the 
form  of  full  absence  from  work  and  for  one  month  after  returning  to work  according  to 
Article 115 of the ERA-1. In addition, Article 6 of the ERA-1 protects workers against less 
favourable  treatment  in  connection  with  parental  leave  and  defines  the  less  favourable 
treatment of workers in connection with parental leave as discrimination. 

5.4.13  Do workers benefitting from parental leave have the right to return to the same 
job or, if this is not possible, to an equivalent or similar job consistent with their 
employment contract or relationship? 

According  to  Article  186/3  of  the  ERA-1  the  employer  must  enable  the  worker  to  start 
performing  work  consistent  with  his/her  employment  contract  after  the  end  of  the 
parental leave.  

5.4.14  Are  rights  acquired  or  in  the  process  of  being  acquired  by  the  worker  on  the 
date  on  which  parental  leave  starts  maintained  as  they  stand  until  the  end  of 
the parental leave? 

According  to  Article  186/4  of  the  ERA-1,  rights  acquired  or  in  the  process  of  being 
acquired  by  the  worker  on  the  date  on  which  parental  leave  starts  are  maintained  as 
they stand until the end of parental leave. Immediately after the worker returns to work, 
he/she  may  exercise  acquired  rights  or  rights  that  have  improved  during  the  worker's 
absence from work, if he/she could not exercise them during his/her absence. 

5.4.15  What  is  the  status  of  the  employment  contract  or  employment  relationship  for 

the period of the parental leave? 

During  the  exercise  of  rights  in  the  period  of  the  parental  leave,  workers  remain 
employed under the terms of the existing employment contract.  

5.4.16  Is  there  continuity  of  the  entitlements  to  social  security  cover  under  the 

different schemes, in particular healthcare, during the period of parental leave? 

When receiving parental benefits during the period of parental leave, persons entitled to 
them  are  covered  by  the  compulsory  pension  and  disability  insurance,  unemployment 
insurance  and  parental  protection  insurance  by  rates  applicable  to  social  security 
contributions according to Article 45 of the PPFBA-1. 

5.4.17  Is parental leave  remunerated by the  employer?  If so, how much and in which 

sectors?  

No, parental leave is not remunerated by the employer. 

5.4.18  Does the social security system in your country provide for an allowance during 

parental leave? If so, how much and in which sectors? 

All workers on parental leave, irrespective of the sector in which they work, are entitled 
to  parental  benefits  during  parental leave.  Parental  benefits  are  paid  by  the  Ministry  of 
Labour,  Family,  Social  Affairs  and  Equal  Opportunities  according  to  Article  98  of  the 
PPFBA-1.  According  to  Articles  42  to  47  of  the  PPFBA-1  which  define  the  amount  of 

24 

 
 
 
 
 
 
 
 
 
 
 
 
 
parental  benefits  in  connection  with  Articles  145  and  146  of  the  PFBA,  which  was 
adopted  in  May  2012  in  the  context  of  cost-cutting  measures,  parental  benefits  are  no 
longer equal to 100 % of the average salary over the twelve months prior to the date on 
which the benefits were claimed, but amount to 90 % of the above-mentioned basis for 
the calculation of parental benefits. However, parental benefit amounts to 100 % of the 
average  salary  over  the  twelve  months  prior  to  the  date  on  which  the  benefits  were 
claimed  if  it  does  not  exceed  EUR  763,06.  In  addition,  there  is  a  ceiling  for  parental 
benefits.  The  amount  of  parental  benefits  may  not  be  higher  than  twice  the  average 
monthly salary in the Republic of Slovenia.  

5.4.19  In  your  view,  regarding  which  issues  does  the  national  legislation  apply  or 

introduce more favourable provisions (see Clause 8 of Directive 2010/18)? 

National  legislation  is  more  favourable  since  the  length  of  the  parental  leave  is  longer 
than  required  by  EU  law  and  parents  taking  parental  leave  are  entitled  to  parental 
benefits.  

5.5  Paternity leave 

5.5.1  Does national legislation provide for paternity leave? 

Yes, national legislation provide for paternity leave.  

According to the PPFBA that was in force  until April 18 2014, fathers were entitled to a 
period of paternity leave of 90 days, out of which 15 days had to be used until the baby 
was 6 months  old and 75 days until the child was three  years  old. Only 15 days of the 
paternity  leave  was  paid.  For  the  second  part,  the  Republic  of  Slovenia  ensured  the 
father only the payment of social security contributions from the minimum salary. 

According  to  Articles  25-28  of  the  new  PPFBA-1,  which  has  been  in  force  from  April  18 
2014 onwards, paternity leave of 30 days is granted to the father on a non-transferable 
basis. The father must use 15 days of paternity leave before the baby is six months old 
by  days  on  a  full-time  or  a  part-time  basis.  Another  15  days  must  be  used  before  the 
child finishes the first year of primary school in a continuous series of days on a full-time 
or a part-time basis. During the period of paternity leave insured persons are entitled to 
paternity  benefit  which  is  equal  to  90  %  of  their  average  salary  over  the  12  months 
immediately prior to the date  on which the  benefit was claimed. However the paternity 
benefit is equal to 100 % of their average salary over the 12 months immediately prior 
to  the  date  on  which  the  benefit  was  claimed  if  it  does  not  exceed  EUR  763,06  per 
month. 

However, the new PPFBA-1 has foreseen a delay in the implementation of the novelties, 
including paternity leave, in the transitional provisions. In the three years after the GDP 
rises by 2.5 % at the very least, the paid paternity leave will be extended by five days a 
year, while the unpaid paternity leave will shorten by 25 days a  year. That means that 
paternity leave (although only 15 days are paid) still amounts to 90 days but will slowly 
shorten to 30 days in the following years. 

5.5.2  Does national legislation provide for protection against dismissal of workers who 
take  paternity  leave  and/or  specify  their  rights  after  the  end  of  paternity  leave 
(see Article 16 of Directive 2006/54)? 

Protection  against  dismissal  for  workers  who  take  paternity  leave  is  not  specifically 
provided.  In my  opinion there is a misunderstanding due to the use  of the same  terms 
with a different meaning is several laws. Namely, the old PPFBA used the term parental 
leave for maternity leave, parental leave on the ground of the birth of the child, adoption 
leave  and  paternity  leave.  Since  the  new  PPFBA-1  uses  the  term  parental  leave 

25 

 
 
 
 
 
 
 
 
 
 
according  to  the  meaning  in  Directive  2010/18,  which  is  much  narrower  than  the  term 
parental  leave  used  in  the  PPFBA  and  in  the  ERA-1,  the  meaning  of  the  term  parental 
leave from the ERA-1 should be wider. However, the definitions from the ERA-1 have not 
yet been revised in accordance with the new PPFBA-1 adopted in April 2014.  

However, the dismissal of parents is absolutely prohibited during the period that they are 
on  parental  leave  in  the  form  of  full  absence  from  work  and  for  one  month  after 
returning to work according to Article 115 of the ERA-1.  

5.6  Time off/care leave 

5.6.1  Does  national  legislation  entitle  workers  to  time  off  from  work  on  grounds  of 
force  majeure  for  urgent  family  reasons  in  case  of  sickness  or  accident  (see 
Clause 7 of Directive 2010/18)? 

Yes  it  does.  According  to  Article  30  of  the  HCHIA  workers  are  entitled  to  care  leave  in 
order to be able to care for a close family member up to a maximum of  seven working 
days  for  children  under  seven  years  of  age  or  up  to  15  working  days  for  older 
moderately  or  seriously  mentally  or  physically  handicapped  children.  The  competent 
doctor  may,  in  case  of  exceptional  circumstances,  extend  the  duration  of  the  right  to 
compensation,  but  by  no  more  than  30  working  days  to  care  for  children  up  to  seven 
years  of  age  or  older  moderately  or  seriously  mentally  or  physically  handicapped 
children,  or  up  to  14  working  days  to  care  for  other  close  family  members.  The  care 
leave  can  be  further  extended  in  the  case  of  a  serious  illness  and  hospitalization  in 
exceptional  cases.  During  care  leave  workers  are  entitled  to  a  compensation  of  salary 
during a temporary absence from work which equals 80 % of the average salary in the 
past 12 months immediately prior to the date the compensation was claimed. The leave 
may be taken only on a full-time basis. The size of the employer does not play any role 
as a qualifying condition. Employers, regardless of their size, cannot refuse, postpone or 
modify requests for leave. 

5.7  Leave in relation to surrogacy 

5.7.1 

Is parental leave available in case of surrogacy?  

No, parental leave is not available in the case of surrogacy. 

5.8  Leave sharing arrangements 

5.8.1  Does national law provide a legal right to share (part of) maternity leave? 

No,  national  law  does  not  provide  a  legal  right  to  share  maternity  leave.  However,  the 
father  is  entitled  to  maternity  leave  if  the  mother  has  died,  has  left  the  child,  or  is 
permanently  or  temporarily  unable  to  live  and  work  independently  on  the  basis  of  the 
opinion  of  a  competent  doctor.  The  father  is  also  entitled  to  maternity  leave  with  the 
mother’s consent in cases where the mother who gives birth to the child is younger than 
18  years  and  has  the  status  of  an  apprentice,  a  schoolgirl,  a  pupil  or  a  student.  In  the 
latter case one of the grandparents is also entitled to maternity leave with the mother’s 
consent. 

5.8.2 

Is there a possibility for one parent to transfer part of the parental leave to the 
other parent ?  

Yes  it  is.  According  to  Article  29  of  the  PPFBA-1  the  duration  of  parental  leave  is  260 
days,  which  are  distributed  between  the  parents.  This  means  that  each  of  the  parents 
has an individual right to a parental leave of 130 days, where the mother may transfer 

26 

 
 
 
 
 
 
 
 
 
 
 
 
100 days to the father and 30 days are non-transferable; but the father may transfer all 
130 days to the mother. 

5.9  Flexible working time arrangements 

5.9.1  Does national law provide workers with a legal right (temporarily or  otherwise) 

to reduce working time on request? 

Yes, national law provides workers with a temporary legal right to reduce working time 
on request. 

The right to part-time work is provided in the ERA-1 and the PPFBA-1. Article 67 of the 
ERA-1  provides  a  legal  basis  for  part-time  work  in  special  cases.  Besides,  it  gives  the 
same  rights  arising  from  social  insurance  to  workers  working  part  time  pursuant  to 
regulations on parental leave as if they worked full time. That means that the employer 
ensures the worker the right to his/her salary on the basis of actual working hours, while 
the  Republic  of  Slovenia  ensures  the  payment  of  social  security  contributions  for  a 
difference  with  full-time  work,  on  the  basis  of  a  proportional  share  of  the  minimum 
salary.  Furthermore,  according  to  Article  50  of  the  PPFBA-1,  one  of  the  parents  who 
nurses and cares for the child until its third birthday has the right to part-time work. A 
parent  who  nurses  and  cares  for  two  children  may  extend  this  right  until  the  younger 
child finishes the first year of primary school. However, one year of exercising the right 
to part-time work is granted to each of the parents on a non-transferable basis. One of 
the  parents  who  nurses  and  cares  for  a  child  with  a  moderate  or  severe  disability  in 
movement  or with a moderate or  severe disturbance in mental development  shall have 
the right to part-time work also after the child's third year but not after the child reaches 
18 years of age. 

One  of the parents who nurses and cares  for the child is entitled to this right. Besides, 
according to Article 55 of the PPFBA-1, other persons who are not parents are entitled to 
this right as well. These are persons who nurse  and care for a child in accordance with 
the  rules  regulating  family  relations  or  guardians  who  actually  nurse  and  care  of  their 
wards. 

Besides the above-mentioned conditions no other eligibility criteria or specific conditions 
apply. 

Such  a  right  can  be  exercised  only  for  a  purpose  of  caring  for  and  the  nursing  of 
children. 

There is a time limit for requesting such a right. It can only be exercised until the child 
reaches  a  certain  age  (until  its  third  birthday  or  in  the  case  of  two  children  until  the 
younger  child  finishes  the  first  year  of  primary  school  or  until  18  years  of  age  in 
exceptional cases of the child’s mental and movement disability). 

This right is not tied to any other specific condition. 

The size of an employer is not a qualifying condition. 

Employers  are  obliged  to  consider  and  comply  with  requests  to  work  reduced  hours 
according  to  Article  67  of  the  ERA-1.  Employers  cannot  refuse,  postpone  or  modify 
requests to reduce working time unless workers agree thereto. 

A worker has a right to return to prior working arrangements after the period of reduced 
working  time  which  was  agreed  in  the  employment  contract  or  in  the  annex  to  the 
employment contract. 

27 

 
 
 
 
 
 
 
 
 
 
 
 
 
There  are  no  measures  in  place  specifically  to  encourage  men  to  make  use  of  such  a 
legal right.  

5.9.2  Does  national  law  provide  workers  with  a  legal  right  to  adjust  working  time 

patterns (temporarily or otherwise) on request? 

No,  Slovene  legislation  does  not  provide  workers  with  a  legal  right  to  adjust  working 
time patterns on request. 

5.9.3  Does  national  law  provide  workers  with  a  legal  right  to  work  from  home  or 

remotely (temporarily or otherwise) on request? 

Yes,  Slovene  legislation  provides  workers  with  a  legal  right  to  work  from  home  or 
remotely on request in Articles 68, 69, 70 and 71 of the ERA-1. 

According to the law, not only certain groups, but all workers are entitled to such a right if 
it is thereby agreed between a worker and an employer.  

There are no eligibility criteria or purposes for which a right can be exercised.  

There is no time limit for requesting such a right.  

This right is not tied to a specific trigger.  

The size of the employer is not a qualifying condition.    

Employers are not obliged to comply with requests to work remotely.  

The  right  can  be  exercised  when  a  worker  and  an  employer  agree  in  the  employment 
contract that a worker will perform work at home or remotely. Therefore employers can 
refuse  to  comply  with  requests  to  work  remotely  and  are  not  obliged  to  postpone  the 
granting of such requests. 

There  is  no  special  right  to  return  to  prior  working  arrangements.  Everything  is  to  be 
agreed in the employment contract. 

There  are  no  measures  in  place  specifically  to  encourage  men  to  make  use  of  such  a 
legal right. 

5.9.4  Are  there  any  other  legal  rights  to  flexible  working  arrangements,  such  as 
arrangements by which workers can “bank” hours to take time off in the future? 

There are no other legal rights to flexible working arrangements. 

28 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
6.  Occupational pension schemes (Chapter 2 of Directive 2006/54) 

The implementation of Directive 2006/54 is considered to be satisfactory. 

6.1  Is  direct  and  indirect  discrimination  on  grounds  of  sex  in  occupational 

social security schemes prohibited in national law? 

Yes  it  is.  According  to  Article  2  of  the  AIPET  equal  treatment  is  ensured  irrespective  of 
sex in relation to social protection, including social security and healthcare. Furthermore, 
Article 4 defines equal treatment, and direct and indirect discrimination. According to the 
above-mentioned  legislation  equal  treatment  means  the  absence  of  direct  or  indirect 
discrimination on the grounds of any of the personal circumstances referred to in Article 
2  of  the  AIPET.  Direct  discrimination  occurs  when  a  person  has  been,  is  or  could  be 
treated less favourably than another person in an equal or comparable situation on the 
ground  of  his/her  personal  circumstances.  Indirect  discrimination  occurs  when  an 
apparently neutral provision, criterion or practice in equal or  comparable situations and 
under  similar  conditions  has  put,  puts  or  might  put  a  person  with  certain  personal 
circumstances  in  a  less  favourable  position  compared  to  other  persons,  unless  that 
provision, criterion or practice is objectively justified by a legitimate aim and the means 
of achieving that aim are appropriate and necessary. 

6.2  Is  the  personal  scope  of  national  law  relating  to  occupational  social 
security  schemes more  restricted  or  broader  than  specified  in  Article  6  of 
Directive 2006/54? Please explain and refer to relevant case law, if any. 

The  personal  scope  of  national  law  relating  to  occupational  social  security  schemes  is 
more  restricted  than  specified  in  Article  6  of  Directive  2006/54.  In  Slovenia  the  only 
existing occupational social security scheme is an occupational insurance  scheme  which 
provides protection against a loss of income in the case of old age. According to Article 
199 of the Pension and Invalidity Insurance Act (hereinafter the PIIA-2) in occupational 
insurance only insured workers who are engaged in work which is particularly physically 
demanding  and  work  which  is  harmful  to  health  or  work  which  cannot  be  performed 
successfully after a certain age can be included. 

There is no relevant case law on this subject. 

6.3  Is  the  material  scope  of  national  law  relating  to  occupational  social 
security  schemes more  restricted  or  broader  than  specified  in  Article  7  of 
Directive 2006/54? Please explain and refer to relevant case law, if any. 

The  material  scope  of  national  law  relating  to  occupational  social  security  schemes  is 
more  restricted  than  specified  in  Article  7  of  Directive  2006/54.  In  Slovenia  the  only 
existing occupational social security scheme  is an occupational insurance  scheme  which 
provides protection against old age for insured workers who are engaged in work which 
is  particularly  physically  demanding  and  work  which is  harmful  to  health  or  work  which 
cannot be performed successfully after a certain age (Article 199 of the PIIA-2). The list 
of  those  jobs  is  determined  by  the  Minister  for  Labour,  Family,  Social Affairs  and  Equal 
Opportunities. 

There is no relevant case law on this subject. 

6.4  Have  the  exclusions  from  the  material  scope  as  specified  in  Article  8  of 

Directive 2006/54 been implemented in national law? 

No, there are no exclusions from the material scope defined in the PIIA-2.  

29 

 
 
 
 
 
 
 
 
 
 
 
 
6.5  Are  there  laws  or  case  law  which  would  fall  under  the  examples  of  sex 

discrimination as mentioned in Article 9 of Directive 2006/54?  

No,  there  are  no  laws  or  case  law  which  would  fall  under  the  examples  of  sex 
discrimination as mentioned in Article 9 of Directive 2006/54. 

6.6  Is sex used as an actuarial factor in occupational social security schemes?  

No, sex is not used as an actuarial factor in occupational social security schemes. 

6.7  Are  there  specific  difficulties  in  your  country  in  relation  to  occupational 
social security schemes, for example due to the fact that security schemes 
in  your  country  are  not  comparable  to  either  statutory  social  security 
schemes  or  occupational  social  security  schemes?  If  so,  please  explain 
with reference to relevant case law, if any. 

The PIIA-2 has already been amended on several occasions concerning this subject, the 
last  time  being  in  2012.  However,  despite  several  different  systems  that  were  used, 
there  are  no  specific  difficulties  in  Slovenia  in  relation  to  occupational  social  security 
schemes. 

30 

 
 
 
 
 
 
 
 
7. 

Statutory schemes of social security (Directive 79/7) 

The implementation of Directive 79/7 is considered to be satisfactory. 

7.1  Is the principle of equal treatment for men and women in matters of social 

security implemented in national legislation? 

Yes  it  is.  According  to  Article  2  of  the  AIPET  equal  treatment  is  ensured  irrespective  of 
sex in relation to social protection, including social security and healthcare.  

7.2  Is  the  personal  scope  of  national  law  relating  to  statutory  social  security 
schemes more restricted or broader than specified in Article 2 of Directive 
79/7? Please explain and refer to relevant case law, if any. 

The  personal  scope  of  the  Slovene  legislation  relating  to  statutory  social  security 
schemes  is  broader  than  specified  in  Article  2  of  Directive  79/7.  Social  insurance 
schemes consist of  a mandatory pension and invalidity insurance scheme, a mandatory 
health  insurance  scheme,  an  unemployment  insurance  scheme  and  a  social  assistance 
insurance scheme. Pension and invalidity insurance is mandatory for employed persons, 
self-employed  persons,  farmers  and  certain  other  categories  of  persons  engaged  in 
specific activities under the conditions defined in the PIIA-2. According to the HCHIA the 
system  of  the  mandatory  health  insurance  scheme  covers  employed  persons,  self-
employed persons, farmers, social security benefit recipients (including pensioners) and 
other  persons  residing  in  the  Republic  of  Slovenia,  as  well  as  their  family  members. 
According  to  Article  1/2  of  the  Labour  Market  Regulation  Act  (hereinafter  the  LMRA) 
measures  from  the  LMRA  apply  to  the  unemployed  and  employed  persons,  employers 
and  other  persons  seeking information  and  advice  on  the  conditions  and  possibilities  to 
work  in  the  Republic  of  Slovenia  or  the  European  Union.  And  the  social  assistance 
insurance  scheme  covers  individuals,  families  and  groups  according  to  Article  1  of  the 
Social Security Act (hereinafter the SSA). 

7.3  Is  the  material  scope  of  national  law  relating  to  statutory  social  security 
schemes more restricted or broader than specified in Article 3 par. 1 and 2 
of Directive 79/7? Please explain and refer to relevant case law, if any. 

The  material  scope  of  Slovene  legislation  is  neither  more  restricted  nor  broader  than 
specified in Article 3 of Directive 79/7. According to Article 2 of the PIIA-2 the mandatory 
pension  and  invalidity  insurance  covers  the  risks  of  old  age,  invalidity  and  death. 
According to Article 13 of the HCHIA the mandatory health insurance scheme covers the 
risk  of  sickness,  accidents,  accidents  at  work  and  occupational  diseases.  Furthermore, 
the  unemployment  insurance  scheme  covers  the  risk  of  unemployment  according  to 
Article  1/1  of  the  LMRA  and  the  social  assistance  insurance  scheme  covers  the  risk  of 
social assistance. 

7.4  Have  the  exclusions  from  the  material  scope  as  specified  in  Article  7  of 
law?  Please  explain 
Directive  79/7  been 
(specifying to what extent the exclusions apply) and refer to relevant case 
law, if any. 

implemented 

in  national 

Yes,  there  is  an  exclusion  regarding  the  lowering  of  the  retirement  age  limit  for  the 
retiring  person  to  a  certain  defined  age  for  each  child  born  or  adopted  with  the 
citizenship of the Republic of Slovenia for whom an insured person has cared in the first 
year after the birth. According to Article 28 of the PIIA-2 an insured woman is entitled to 
the lowering of the retirement age limit unless the child’s father was entitled to parental 
benefits. 

31 

 
 
 
 
 
 
 
 
 
 
The  new  PIIA-2  no  longer  excludes  gender  equality  in  relation  to  the  determination  of 
different  conditions  for  the  acquisition  of  the  old-age  and  invalidity  pension  as  regards 
the  pensionable  age  and  the  completion  of  the  pension-qualifying  period.  The 
pensionable age has been increased to 65 and the pension-qualifying period to 40 years. 
Both conditions will be equal for both genders after the transitional period, in 2019. 

There is no relevant case law on this subject. 

7.5  Is sex used as an actuarial factor in statutory social security schemes?  

No, sex is not used as an actuarial factor in statutory social security schemes. 

7.6  Are  there  specific  difficulties  in  your  country  in  relation  to  implementing 
Directive 79/7? For example due to the fact that security schemes in your 
country are not comparable to either statutory  social  security  schemes or 
occupational social security schemes? If so, please explain with reference 
to relevant case law, if any. 

There are no specific difficulties in Slovenia in relation to implementing Directive 79/7. 

32 

 
 
 
 
 
 
 
 
8. 

Self-employed  workers  (Directive  2010/41/EU  and  some  relevant 
provisions of the Recast Directive) 

The  implementation  of  directives  regarding  self-employed  workers  is  considered  to  be 
satisfactory. 

8.1  Has Directive 2010/41/EU been explicitly implemented in national law? 

Directive 2010/41 has been  transposed with the AIPET, the Companies Act (hereinafter 
the CA), the Institutes Act (hereinafter the IA), the PIIA-2, the HCHIA, the Prevention of 
Undeclared  Work  and  Employment  Act  (hereinafter  the  PUWEA),  the  PPFBA-1,  the  Law 
on Health and Safety at Work (hereinafter the LHSW), the Labour and Social Courts Act 
(hereinafter  the  LSCA)  and  the  Administrative  Dispute  Act  (hereinafter  the  ADA).  The 
self-employed are directly protected by Article 2 of the AIPET as regards access to self-
employment.  Besides, 
the  AIPET  prohibiting 
discrimination in any area of social life, provisions on  ensuring legal protection  in cases 
of  violations  of  the  ban  on  discrimination  and  compensation  for  loss  or  damages 
suffered.  The CA and the  IA are neutral as regards gender and therefore provide equal 
opportunities  for  women  and  men  in  relation  to  the  establishment,  equipping  or 
extension of a business or the launching or extension of any other form of self-employed 
activity. In the  social security area,  the self-employed are covered by mandatory social 
security  schemes  (the  health  insurance  scheme,  the  pension  and  invalidity  insurance 
scheme,  the  parental  protection  insurance  scheme  and  the  employment  insurance 
scheme). The PUWEA prohibits undeclared employment.  

there  are  general  provisions 

in 

8.2  What  is  the  personal  scope  related  to  self-employment  in  national 
legislation?  Has  your  national 
law  defined  self-employed  or  self-
employment?  Please  discuss  relevant  legislation  and  national  case  law 
(see Article 2 Directive 2010/41/EU) 

Definitions  of  ‘self-employed  workers’  according  to  Article  2  of  Directive  are  found  in 
different laws. Each law defines a notion for its own purpose. The definitions are similar, 
but not uniform. According to Article 15 of the PIIA-2 ‘self-employed workers’ are those 
persons  who  are  independently  pursuing  a  gainful  or  any  other  permitted  activity. 
Furthermore,  Article  55  of  the  LHSW  defines  ‘self-employed  workers’  as  persons 
performing  a  gainful  or  other  activity  as  their  only  or  main  occupation  and  who  do  not 
employ other workers or involve other persons in the work process; and persons insured 
as  farmers  in  accordance  with  the  pension  and  disability  insurance  regulations  who  do 
not  employ  workers  or  involve  other  persons  in  the  work  process  other  than  family 
members on farms in accordance with regulations governing agriculture. Article 2 of the 
PUWEA defines a self-employed person as a natural person who is performing a gainful 
or any other permitted activity. 

There is no relevant case law on this subject. 

8.3  Related  to  the  personal  scope,  please  specify  whether  all  self-employed 
workers  are  considered  part  of  the  same  category  and  whether  national 
legislation recognises life partners.  

All  self-employed  workers  are  considered  to  be  part  of  the  same  category  and  are 
covered.  

However, the agricultural sector is treated differently. According to Article 17 of the PIIA-
2 farmers shall be insured under compulsory insurance, provided that upon the entry of 
the application for insurance they are in a general state of health which allows them to 
pursue  the  agricultural  activity,  are  not  attending  regular  schooling,  are  not  entitled  to 
an old-age pension, a widow's or widower's pension or an invalidity pension and have a 

33 

 
 
 
 
 
 
 
 
 
minimum income from a farm holding per each insured member of such holding equal to 
the  amount  of  the  60  %  of  the  average  monthly  salary  in  the  Republic  of  Slovenia. 
Furthermore, Article 6 of the PPFBA-1 provides for mandatory parental care insurance for 
persons  engaged  in  an  independent  agricultural  activity  in  the  Republic  of  Slovenia  as 
their sole or principal occupation and are already included in the mandatory pension and 
disability  insurance  scheme.  And  according  to  Article  15  of  the  HCHIA  farmers  and 
members of their households who are engaged in an independent agricultural activity in 
the  Republic  of  Slovenia  as  their  sole  or  principal  occupation  are  insured  under 
compulsory health insurance. 

Regarding help provided by spouses or life partners of self-employed workers the PUWEA 
is  relevant.  According  to  the  PUWEA  help  provided  by  spouses  or  life  partners  is 
recognized  as  undeclared  work  if  their  partner  or  spouse  fails  to  conclude  an 
employment  contract  or  a  civil  law  contract  with  them  and  fails  to  register  them  for 
health, pension and disability insurance.  

8.4  How has national law implemented Article 4 Directive 2010/41/EU? Is the 
material  scope  of  national  law  relating  to  equal  treatment  in  self-
employment  more  restricted  or  broader  than  specified  in  Article  4 
Directive 2010/41/EU? 

According to Article 2 of the AIPET equal treatment shall be ensured irrespective of sex 
in relation to self-employment. Furthermore, according to Articles 4 and 5 of the AIPET 
equal treatment means the absence of direct or indirect discrimination and harassment. 
Instructions to discriminate against persons on grounds of sex are deemed to constitute 
direct or indirect discrimination according to Article 4 of the AIPET.  

The  material  scope  of  national  law  relating  to  equal  treatment  in  self-employment  is 
more  restricted.  The  definition  in  the  AIPET  ensures  equal  treatment  ‘in  relation  to  the 
self-employed.’ No examples are provided (for instance in relation to the establishment, 
equipping  or  extension  of  a  business  etc.)  as  they  are  given  in  Article  4  Directive 
2010/41/EU. 

8.5  Has your State taken advantage of the power to take  positive  action (see 
Article  5  Directive  2010/41/EU)?  If  so,  what  positive  action  has  your 
country taken? In your view, how effective has this been? 

Slovenia has not taken advantage of the authority to take positive action. 

8.6  Does  your  country  have  a  system  for  social  protection  of  self-employed 

workers (see Article 7 (Directive 2010/41/EU)? 

Slovenia does not have a special system for social protection for self-employed workers. 
There  is  only  one  system  of  social  protection  for  all  workers.  The  self-employed  are 
covered  by  mandatory  social  security  schemes  (the  health  insurance  scheme,  the 
pension and invalidity insurance scheme, the parental protection insurance scheme, the 
unemployment insurance scheme and the social assistance insurance scheme). The self-
employed  are  granted  the  rights  under  compulsory  insurances  on  the  basis  of  the 
payment of contributions. 

Spouses and life partners  can be covered by  mandatory  social security schemes if they 
are  employed  by  their  spouses  or  partners  and  if  they  are  paying  contributions  to 
mandatory insurances. If this is not the case and if they are not already included in  the 
mandatory pension and invalidity insurance scheme  and health insurance  scheme, they 
can only voluntarily join the mandatory pension and invalidity insurance scheme and the 
health insurance scheme. 

34 

 
 
 
 
 
 
 
 
 
 
8.7  Has  Article  8  Directive  2010/41/EU  regarding maternity  benefits  for  self-

employed been implemented in national law?  

Yes  it  has  been.  According  to  Article  8  of  the  PPFBA-1  pregnancy  and  maternity  rights 
apply equally to all, employees and the self-employed alike, if they are insured according 
to  the  PPFBA-1.  In  order  to  be  entitled  to  those  rights  the  relevant  persons  need  to  be 
insured before the day of the commencement of the individual type of parental leave. If 
they are no longer insured but were previously insured for at least twelve months in the 
past  three  years  prior  to  exercising  the  right  to  parental  benefits,  they  are  entitled  to 
maternity  and  other  parental  benefits  as  well  according  to  Article  41  of  the  PPFBA-1. 
Insured  self-employed  persons  on  maternity  leave  are  entitled  to  the  maternity  benefit 
which  is  equal  to  100  %  of  their  average  salary  over  the  twelve  months  immediately 
prior to the date on which the benefit was claimed. There is no ceiling for the maternity 
benefit. Maternity benefit is granted on a mandatory basis. 

The  spouses  or  life  partners  of  self-employed  workers  who  are  not  employees  but 
participate in the activities of self-employed workers can only benefit from those rights if 
they  are  employed  by  their  spouses  or  partners  and  are  paying  contributions  to  the 
mandatory  insurance  for  parental  protection.  However,  if  this  is  not  the  case,  the 
spouses or life partners can benefit from parental allowance. According to Articles 63 and 
64  of  the  PPFBA-1  the  parental  allowance  is  a  financial  aid  to  parents  who  are  not 
entitled to parental benefits after the birth of a child. The right to a parental allowance is 
granted to a mother for 77 days after the birth of a child if a mother and a child have a 
permanent  residence  in  the  Republic  of  Slovenia  and  actually  live  in  Slovenia.  After  77 
days  a  parental  allowance  is  granted  mutatis mutandis  and  under  the  same  conditions, 
according  to  their  written  agreement,  to  one  of  the  parents.  According  to  Article  66  of 
the  PPFBA-1  the  right  to  parental  allowance  shall  last  for  365  days  after  the  birth  of  a 
child. It amounts to EUR 252,04 per month. 

Female  spouses  or  life  partners  of  self-employed  workers  who  are  not  employees  but 
participate  in  the  activities  self-employed  workers  have  no  access  to  any  other  existing 
services supplying temporary replacements or to any other existing national services. 

The  above-mentioned  maternity  benefit  meets  the  sufficiency  requirement  for  the  self-
employed.  Criterion  (a)  from  Article  8(3)  has  been  used.  However,  the  situation  is 
slightly different for female spouses and life partners  of self-employed workers who are 
not  employees  but  participate  in  the  activities  self-employed  workers.  Their  allowance 
might  not  meet  the  requirement  of  sufficiency  due  to  its  amount  which  is  quite  low.  In 
this case criterion (c) from Article 8(3) has been used. 

In relation to Article 8(4) female self-employed workers, female spouses or life partners 
have  no  access  to  any  other  existing  services  supplying  temporary  replacements  or  to 
any other existing national services. 

8.8  Has national law implemented the provisions regarding occupational social 
security  for  self-employed  persons  (see  Article  10  of  Recast  Directive 
2006/54)? 

Yes,  Slovenia  has implemented  the  provisions regarding  occupational social  security  for 
self-employed persons. 

There is no special occupational social security scheme for the self-employed in Slovenia. 
In  fact  in  Slovenia  the  only  existing  occupational  social  security  scheme  is  the 
occupational  insurance  scheme  which  provides  protection  against  old  age.  According  to 
Article  199  of  the  PIIA-2  in  occupational  insurance  only  insured  persons  who  are 
engaged in work which is particularly physically demanding and work which is harmful to 

35 

 
 
 
 
 
 
 
 
health  or  work  which  cannot  be  performed  successfully  after  a  certain  age  can  be 
included. 

According  to  Article  2  of  the  AIPET  equal  treatment  is  ensured  irrespective  of  sex  in 
relation to social protection, including social security and healthcare. 

8.9  Has  national  law  made  use  of  the  exceptions  for  self-employed  persons 
regarding  matters  of  occupational  social  security  as  mentioned  in  Article 
11  of  Recast  Directive  2006/54?  Please  describe  relevant  law  and  case 
law. 

There  are  no  exceptions  for  self-employed  persons  regarding  matters  of  occupational 
social security. 

8.10 Is  Article  14(1)(a)  of  Recast  Directive  2006/54  implemented  in  national 

law as regards self-employment? 

Yes  it  is.  According  to  Article  2  of  the  AIPET,  equal  treatment  shall  be  ensured 
irrespective of sex in relation to self-employment.  

36 

 
 
 
 
 
 
 
9.  Goods and services (Directive 2004/113) 

The implementation of Directive 2004/113 is considered to be satisfactory. However, the 
provision  in  the  AIPET  is  too  general  since  it  does  not  define  the  term  goods  and 
services.  

9.1  Does national law prohibit direct and indirect discrimination on grounds of 

sex in access to goods and services? 

Yes  it  does.  According  to  Article  2  of  the  AIPET  equal  treatment  shall  be  ensured 
irrespective  of  sex  in  relation  to  access  to  and  the  supply  of  goods  and  services,  which 
are available to the public, including housing. Furthermore, according to Article 4 of the 
AIPET  equal  treatment  means  the  absence  of  direct  or  indirect  discrimination  and  it 
provides definitions thereof.  

9.2  Is  the  material  scope  of  national  law  relating  to  access  to  goods  and 
services more restricted or broader than specified in Article  3 of Directive 
2004/113? Please explain and refer to relevant case law, if any. 

The  material  scope  of  national  law  relating  to  access  to  goods  and  services  is  more 
restricted than specified in Article 3 of Directive 2004/113. Article 2 of the AIPET ensures 
equal treatment irrespective of sex in relation to access to and the supply of goods and 
services, but it does not define the term goods and services. According to Article 2 of the 
AIPET they must be available to the public and they include housing. 

9.3  Have the exceptions from the material scope as specified in Article 3(3) of 
Directive  2004/113,  regarding  the  content  of  media,  advertising  and 
education, been implemented in national law? 

No it has not been implemented. 

9.4  Have  differences  in  treatment  in  the  provision  of  the  goods  and  services 
been  justified  in  national  law  (see  Article  4(5)  of  Directive  2004/113)? 
Please provide references to relevant law and case law. 

Yes, differences in treatment in the provision of goods and  services have been justified 
in  national  law.  According  to  Article  2/a  of  the  AIPET  differentiated  treatment  on  the 
grounds of sex, nationality, racial or ethnic is prohibited, except in cases concerning the 
provision of goods and  services exclusively or  primarily to members of one sex, if such 
differentiated treatment is justified by a legitimate aim and the means of achieving this 
aim are appropriate and necessary.  

9.5  Does national law ensure that the use of sex as a factor in the calculation 
of  premiums  and  benefits  for  the  purposes  of  insurance  and  related 
financial  services  shall  not  result  in  differences  in  individuals'  premiums 
and benefits (see Article 5(1) of Directive 2004/113)? 

Yes it does. The IA provides for the equal treatment of all insured persons in Article 83/6 
of the Insurance Act (hereinafter the IA) and prohibits differences in insurance premiums 
and benefits on the grounds of sex, maternity and pregnancy in general. 

9.6  How  has  the  exception  of  Article  5(2)  of  Directive  2004/113  been 
interpreted in your country? Please report on the implementation of the C-
236/09 Test-Achats ruling in national legislation. 

The  AIPET  provides  a  legal  basis  for  allowing  different  treatment  based  on  gender 
regarding insurances and related financial services. Furthermore, the amendments to the 

37 

 
 
 
 
 
 
 
 
 
 
 
 
 
IA  were  adopted  in  2012.  The  main  change  is  embedded  in  Article  83,  paragraph  7. 
According  to  this  Article,  insurance  undertakings  may  in  relation  to  life  assurances, 
accident  and  health  insurances  take  into  consideration  the  personal  circumstance  of 
gender in the determination of premiums and benefits in general if this does not lead to 
a differentiation at the individual level. 

Insurance companies have adapted their practices. Concerning ordinary and investment 
insurances the consequences of the unification of premiums are very small. In contrast, 
differences  are  greater  in  insurances  without  investment  components,  such  as  life 
insurances. 

9.7  Has your country adopted positive action measures in relation to access to 
and  the  supply  of  goods  and  services  (see  Article  6  of  Directive 
2004/113)? 

No,  Slovenia  has  not  adopted  positive  action  measures  in  relation  to  access  to  and  the 
supply of goods and services. 

9.8  Are there specific problems of discrimination on the grounds of pregnancy, 
maternity  or  parenthood  in  your  country  in  relation  to  access  to  and  the 
supply of goods and services? Please briefly describe relevant case law. 

There  are  no  specific  problems  with  regard  to  discrimination  on  the  grounds  of 
pregnancy, maternity or parenthood in Slovenia in relation to access to and the supply of 
goods and services. 

38 

 
 
 
 
 
 
 
 
10.  Violence  against  women  and domestic violence  in  relation to  the Istanbul 

Convention 

The implementation of the Istanbul Convention is considered to be satisfactory. 

10.1 Has your country ratified the Istanbul Convention? 

Yes,  Slovenia  ratified  the  IC  in  December  2014.  The  pre-existing  legal  framework  in 
Slovenia  is  considered  to  be  in  compliance  with  the  obligations  under  the  Convention. 
However,  the  ratification  of  the  Istanbul  Convention  will  require  some  minor 
modifications  to  the  existing  legislation  (Family  Violence  Prevention  Act).  Modifications 
are especially needed in the Criminal Code, which would consider forced marriage, forced 
sterilization,  stalking  and  female  genital  mutilation  as  criminal  offences.  No  legal 
provision has been introduced following the ratification of the IC and no legal provision is 
planned to be introduced. 

39 

 
 
 
 
 
 
11.  Enforcement  and  compliance  aspects  (horizontal  provisions  of  all 

directives)  

The  implementation  of  horizontal  provisions  is  considered  to  be  satisfactory  with  the 
exception  of  the  provisions  on  the  equality  body.  The  Slovene  equality  body  does  not 
implement the requirements  of  EU gender  equality law since the adoption of budgetary 
measures by the Slovene Government at the beginning of March 2012  within the scope 
of  which  the  amendments  to  the  Public  Administration  Act  were  adopted.1  According  to 
the  amended  legislation,  the  Office  for  Equal  Opportunities  was  abolished.  The  area  of 
equal  opportunities  was  transferred  to  the  Ministry  of  Labour,  Family  and  Social  Affairs 
from the 1 April 2012 onwards  
(http://www.mddsz.gov.si/si/delovna_podrocja/enake_moznosti/). 

The  equality  body  that  covers  all  the  grounds  of  discrimination  is  the  Advocate  of  the 
Principle  of  Equality,  who  used  to  work  as  a  specialised  body  for  the  prevention  and 
elimination  of  discrimination  within  the  abolished  Office  for  Equal  Opportunities.  Now 
he/she  has  become  one  of  the  employees  at  the  Ministry  of  Labour,  Family  and  Social 
Affairs. There is no special budget for his/her work, activities or projects. The Ministry of 
Labour, Family and Social Affairs covers his/her salary.  

11.1 Victimisation 

11.1.1  Are  the  provisions  on  victimisation  implemented  in  national  legislation  and 

interpreted in case law?  

Yes,  the  provisions  on  victimisation  are  implemented  in  national  legislation.  However, 
there is no interpretation in the case law since there is no case law.  

Victimisation  is  defined  in  the  ERA-1  and  in  the  AIPET.  According  to  Article  6/7  of  the 
ERA-1  a  victim  of  discrimination  and  a  person  assisting  a  victim  of  discrimination  must 
not be subjected to unfavourable consequences as a result of actions aimed at enforcing 
compliance  with  the  prohibition  of  discrimination.  And  according  to  Article  3/2  of  the 
AIPET discriminated persons and persons who assist a victim of discrimination must not 
be subjected to adverse consequences due to their actions which aim to implement the 
ban on discrimination. 

11.2 Burden of proof 

11.2.1  Does  national  legislation  and/or  case  law  provide  for  a  shift  of  the  burden  of 

proof in sex discrimination cases? 

Yes,  Slovene  legislation  provides  for  the  shifting  of  the  burden  of  proof  in  sex 
discrimination cases. 

As regards the burden of proof the ERA-1 in Article 6/6 and the AIPET in Article 2/2 state 
that if an applicant or a worker in a dispute alleges facts from which it may be presumed 
that  there  has  been  discrimination,  it  is  up  to  the  respondent  to  prove  that  there  has 
been no breach of the principle of equal treatment. 

Rules on the burden of proof comply with EU law and in light of case C-415/10 Kelly and 
Meister as well. 

1   http://www.mddsz.gov.si/si/delovna_podrocja/enake_moznosti/ 

40 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                
11.3 Remedies and Sanctions  

11.3.1  What  types  of  remedies  and  sanctions  (e.g.  compensation,  reinstatement, 
criminal  sanctions,  administrative  fines  etc.)  exist  in  your  country  for  breaches 
of EU gender equality law? Please specify the applicable legislation. 

According  to  Article  22  of  the  AIPET  all  discriminated  persons  who  consider  themselves 
to have been wronged by a failure to apply the principle of equal treatment to them have 
the  right  to  request  protection  in  judicial  and  administrative  proceedings  as  well  as 
before  other  competent  bodies,  under  the  conditions  and  in  a  manner  determined  by 
law, and shall thereby be entitled to compensation according to the general rules of civil 
law.  Furthermore,  according  to  Article  200  of  the  ERA-1  a  worker  may  request  judicial 
protection  before  the  competent  labour  and  social  court  if  he  or  she  thinks  that  the 
employer  has  failed  to  fulfil  its  obligations  arising  from  the  employment  relationship  or 
that it has violated any of his or her rights arising from the employment relationship. A 
worker or a rejected applicant may therefore claim a continuation of his/her employment 
including  all  rights  deriving  from  the  employment  contract,  reinstatement  to  a  former 
position,  the  payment  of  social  security  contributions  and  the  salary  with  statutory 
interest, the  reimbursement of legal costs  etc. In addition,  according to Article 8 of the 
ERA-1,  a  worker  may  claim  damages  for  material  losses  and  damages  for  immaterial 
losses  arising  from  unlawful  acts,  actions  or  omissions  pursuant  to  the  general  rules  of 
civil  law.  Damages  are  not  limited  as  to  their  amount  in  the  private  sector,  but  are 
limited in the determination of the compensation for non-pecuniary damage: it must be 
taken  into  account  that  the  compensation  is  effective  and  proportional  to  the  damage 
suffered  by  the  worker  and  that  it  discourages  the  employer  from  repeating  the 
violation.  The  competent  labour  and  social  court  shall  also  decide  on  disputes  between 
the  Ministry  of  Labour,  Family,  Social  Affairs  and  Equal  Opportunities  and  parents  or 
other persons who claim to have the right to parental leave, parental benefit and other 
rights deriving from the PPFBA-1. Furthermore, in case of a breach of the prohibition of 
discrimination an administrative fine may be imposed on an employer and some criminal 
sanctions may also be imposed.  

11.3.2  In  your  opinion,  do  the  remedies  and  sanctions  meet  the  standards  of  being 
effective,  proportionate  and  dissuasive?  Please  explain,  if  possible  referring  to 
relevant legislation or case law.  

Remedies  and  sanctions  in  Slovenia  are  effective,  proportionate  and  dissuasive  since 
they adequately compensate victims of discrimination on grounds of sex for the loss and 
damage suffered. Sanctions depend on the reasons for bringing the law suit to the court; 
damages are not limited as to their amount in the private sector (with the exception  of 
job  applicants  in  the  public  sector  who  have  not  been  chosen,  and  who  prove  in  court 
that their claim is justified, according to Article 65 of the PSA). According to Article 8 of 
the ERA-1, in the determination of the compensation for non-pecuniary damage, it must 
be taken into account that the compensation is effective and proportional to the damage 
suffered  by  the  worker  and  that  it  discourages  the  employer  from  repeating  the 
violation. 

However, all alleged victims of discrimination face difficulties when enforcing their rights 
due to a judicial backlog. 

11.4 Access to courts 

11.4.1  In  your  opinion,  is  the  access  to  courts  safeguarded  for  alleged  victims  of  sex 
discrimination?  Please  explain  and  discuss  particular  difficulties  and  barriers 
victims of sex discrimination have encountered. Refer to relevant legislation and 
case law. 

41 

 
 
 
 
 
 
 
 
According  to  Article  22  of  the  AIPET  all  discriminated  persons  who  consider  themselves 
to have been wronged by a failure to apply the principle of equal treatment to them have 
the right to request judicial protection under the conditions and in a manner determined 
by law, and shall thereby be  entitled to compensation according to the general rules of 
civil  law.  Access  to  the  courts  is  furthermore  concretized  in  other  laws.  According  to 
Article 200 of the ERA-1 a worker or a rejected applicant may request judicial protection 
before the labour court.  

11.4.2  In  your  opinion, 

for  anti-
discrimination/gender  equality  interest  groups  or  other  legal  entities?  Please 
explain and refer to relevant legislation and case law. 

courts  safeguarded 

the  access 

to 

is 

Access  to  the  courts  is  only  ensured  for  alleged  victims  of  discrimination.  Interest 
groups,  other  legal  entities  and  the  equality  body  are  excluded.  However,  according  to 
Article  23  of  the  AIPET  non-governmental  organisations  have  the  right  to  take  part  in 
judicial  and  administrative  proceedings  initiated  by  discriminated  persons  due  to  a 
violation  of  the  ban  on  discrimination.  They  may  only  act  as  an  intervenient  in  the 
procedure  according  to  Article  199  of  the  Civil  Procedure  Act.  I  don’t  see  any  other 
practical obstacles for victims. Victims may as well request for exemption from court fees 
and legal costs due to their financial situation. 

11.4.3  What kind of legal aid is available for alleged victims of gender discrimination? 

For  individuals  seeking  to  enforce  their  rights  and  who,  regardless  of  their  financial 
situation and the financial situation of their families and without prejudice to their social 
status and the social status of their families, are unable to afford the costs of litigation, 
and the costs of providing legal assistance, free legal aid is available according to Articles 
10,  11  and  13  of  the  Legal  Aid  Act  (hereinafter  the  LAA).  The  financial  position  of  an 
applicant  is  assessed  on  the  basis  of  his  or  her  monthly  income  and  that  of  the 
applicant’s  family,  and  the  property  owned  by  the  applicant  and  by  his  or  her  family 
according  to  Article  14  of  the  (LAA).  An  application  for  legal  aid  must  be  filed  at  the 
competent district court.  

11.5 Equality body  

11.5.1  Does  your  country  have  an  equality  body  that  seeks  to  implement  the 

requirements of EU gender equality law? 

Yes,  it  does.  Within  the  scope  of  budgetary  measures  adopted  by  the  Slovene  National 
Assembly,  the  amendments  to  the  Public  Administration  Act  were  adopted  at  the 
beginning  of  March  2012.  According  to  the  amended  legislation,  the  Office  for  Equal 
Opportunities  was  abolished.  The  area  of  equal  opportunities  was  transferred  to  the 
Ministry of Labour, Family, Social Affairs and Equal Opportunities, from the 1 April 2012 
onwards. The equality body that covers  all grounds of discrimination is the Advocate  of 
the  Principle  of  Equality  (hereinafter  the  Advocate),  who  used  to  work  as  a  specialised 
body for the prevention and elimination of discrimination  within the abolished Office for 
Equal Opportunities. The Advocate  of the Principle of Equality is now working as one of 
the employees at the Ministry of Labour, Family, Social Affairs and Equal Opportunities. 
The  Advocate’s  main  responsibilities  are:  assistance  to  the  victims  of  discrimination, 
guidance  and  giving  advice  in  order  to  prevent  discrimination,  giving  information  on 
discrimination and equality and the writing of an annual report.  

The website of the Advocate is: http://www.zagovornik.gov.si/ and  
http://www.mddsz.gov.si/en/areas_of_work/equal_opportunities_department/advocate_
of_the_principle_of_equality/ 

42 

 
 
 
 
 
 
 
 
 
Regarding  the  extent  of  his/her  work,  taking  into  consideration  the  available  time  and 
non-independence  at  his  work,  he/she  does  not  effectively  promote,  analyse,  monitor 
and support the equal treatment of persons. 

11.6 Social partners  

11.6.1  What  kind  of  role  do  the  social  partners  in  your  country  play  in  ensuring 
compliance  with  and  enforcement  of  gender  equality  law?  Are  there  any 
legislative provisions in this respect? 

Trade  union  federations  and  confederations  play  an  important  role  in  Slovenia  in  the 
process of negotiations between them, employers' organizations and the government on 
the bills from the area of employment, gender equality, social security etc. 
Rather good is also the organization of the trade unions, their appointed representatives 
who are employed with a certain employer and their system  of free legal aid (including 
representation before the courts) for their members. 

11.7 Collective agreements 

11.7.1  To  what  extent  does  your  country  have  collective  agreements  that  are  used  as 
means to implement EU gender equality law? Please indicate the legal status of 
collective agreements in your country (binding/non-binding, usually declared to 
be generally applicable or not). 

According to Articles 10 and 11 of the Collective Agreements Act (hereinafter the CAA) a 
collective agreement binds the parties to that collective agreement or its members and is 
therefore  valid  for  all  persons  employed  by  an  employer  or  employers  to  whom  the 
collective  agreement  applies.  Furthermore,  according  to  Article  12  of  the  CAA,  the 
validity of the collective agreement or  a part thereof may be extended to all employers 
in an activity or activities regarding which the collective agreement has been concluded. 
Since  collective  bargaining  is  of  great  importance  and  collective  agreements  are 
generally  applicable  and  have  a  legal  status  which  is  similar  to  legislation,  they  should 
deal with equality issues more often. So far, however, gender equality provisions in such 
collective  agreements  are  rare  and  mostly  reproduce  some  provisions  of  the  ERA-1 
dealing  with  the  neutral  use  of  expressions  for  a  worker  in  the  masculine  grammatical 
gender,  the  prohibition  of  discrimination,  damages,  and  the  reconciliation  of  work  and 
family life etc. 

43 

 
 
 
 
 
 
 
 
 
12.  Overall assessment  

In  order to become a  member  of the  EU, Slovenia first made a detailed analysis of the 
national  legislation  in  force  in  all  areas  of  the  law  prior  to  accession.  Consequently,  a 
major  part  of  the  legislation  was  adjusted,  revised  or  newly  adopted  in  order  to 
implement the EU gender equality acquis. As is now evident, the overall implementation 
seems  to  be  satisfactory.  In  some  aspects,  Slovenian  law  even  goes  further  than  what 
the  EU  requires,  for  example  in  providing  for  longer  maternity  and  parental  leave  and 
higher  benefits  during  leave,  or  by  prohibiting  an  employer  from  requiring  certain 
information from the applicant. However, there are some gaps as well. For example, the 
concept of work of equal value and the term comparator are not defined. There is a lack 
of  information  on  comparable  jobs  and  the  salaries  of  comparators,  which  makes  it 
extremely difficult for a potential victim of discrimination to start judicial proceedings in 
relation to pay discrimination before the competent court. Furthermore, the provision on 
the  implementation  of  the  Goods  and  Services  Directive  in  the  AIPET  (Article  2)  is  too 
general,  the  amount  of  compensation  for  job  applicants  in  the  PSA  is  limited  and  the 
equality body (the Advocate of the Principle of Equality) is not independent. In addition, 
there is almost no litigation on equality issues. 

44 

 
 
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