The task of labor law is to regulate the employment relationship between an employer and an employee. In this way, labor law regulates the rights and obligations of the employee and the employer. Labor law regulates several legal acts, ranging from international binding treaties, the Constitution of the Republic of Slovenia, statutory acts, as well as implementing regulations and contracts between the employer and the employee. In every employment relationship, the fundamental source of labor law is the employment contract. This usually determines the basic and essential rights and obligations of the employee and the employer. When the employment contract does not regulate something, other legal sources are used, in practice this is primarily the Employment Relations Act or the relevant collective agreement. Consulting a lawyer on labor law will certainly help you determine which legal sources should be used in your case.
When there is a conflict between the content specified in the law and the content specified in the employment contract, the one that is more favorable to the employee prevails. Namely, the law stipulates the minimum rights of employees, which even the employee cannot waive by a different arrangement in the employment contract. On the other hand, labor law also protects the employer, as it imposes certain obligations on the employee that he must respect. If you need legal assistance or legal advice in the field of labor law, please make an appointment at our law firm in Ljubljana.
Labor Law Consulting
We do not only provide advice on labor law to employers, but mostly to employees. Practice shows that workers’ rights are often violated by employers. Often, labor law disputes can be resolved amicably with the employer, which is also the best possible outcome of any dispute. In certain cases, a labor law dispute cannot be resolved without the help of a court. In such cases, the employee has the opportunity to assert his or her rights before a labor court by filing an appropriate lawsuit. Respect for labor law rights can sometimes be achieved in other ways. Such methods can range from reporting a violation of rights/obligations to the labor inspectorate to filing an appropriate criminal complaint, e.g. for a violation of the fundamental rights of workers. However, not every dispute is suitable for resolution in these ways. In particular, in the case of criminal complaints, it is necessary to prove the employer’s intent, which sometimes proves difficult in practice. For more information on how to resolve your employment law dispute, contact our law firm in Ljubljana for a consultation.
