Assessment of annual leave is an obligation of the employer

Assessment of annual leave is a yearly obligation of all employers in Slovenia. The Labor Relations Act prescribes these obligations to the employers so you have to prepare this assessment for 2019 for all employees.

Assessment of annual leave is an obligation of the employer

If you plan on doing business in Europe, you will most likely also employ people to work in your company. When starting new employment, all employees obtain the right to annual leave. The basic annual leave that each employee receives has to be defined in the contract of employment. It is up the employer to see how many days of basic annual leave he grants to each employee, but he has to abide by certain restrictions of the labor legislation.

The Labor Relations Act determines that the annual leave cannot be shorter than four weeks each calendar year.

So when starting a new business in Slovenia it is important that you prepare internal acts and regulations in accordance the Slovene legislation to avoid fines.

Assessment of annual leave – additional days of annual leave

In addition to the basic annual leave that is defined in the contract of employment, the employee is entitled to additional days of annual leave. How many additional days he or she receives, depends on the personal circumstances of each employee.

Older employees and handicapped employees are entitled to three additional days of annual leave. The same goes for employees who take care of child with special needs.

Employees who have children under the age of 15 years receive one additional day of annual leave per child.

Also, employees can receive additional days of annual leave based on collective agreements. Some collective agreements grant employees additional days of annual leave in regards to years of service or the difficulty of their job assignments.

Therefore, the number of days of annual leave can vary over the years. Because of this the law imposes on the employers the responsibility of yearly assessment of annual leave. In order to prepare it correctly, we can offer you assistance of our legal department to prepare the assessments for your company.

The deadline to submit the assessment in writing to the employees is 31st March of the current year

Each employer has to inform his employees in writing about the number of days of annual leave they receive. The deadline for handing in the assessment is 31^st March of the current business year. But before that you actually have to make the right assessment.

We recommend that you do so with a written decision that you hand in to the employees. The decision has to include both the basic annual leave as well as additional days granted to the employee.

You have to calculate the proportionate part of the annual leave for the employees who will not be employed a full 12 months in a calendar year.

If you do not make the assessment of annual leave it is considered an offence. The legislation prescribes a fine of 750€ to 2.000€ for major employers that do not make this assessment. The fine for smaller employers is somewhat lower, between 200€ and 1.000€.

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