The outbreak of coronavirus has affected business in Europe and worldwide in many ways. The most immediate affect is the loss of income due to governmental measures as many companies had to close or work with limitations. Entrepreneurs with a business in Slovenia have contacted us what they can due during this time with their employees to whom they cannot secure enough workload. Our legal department prepared suggestions in accordance with the proposed intervention act.
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What options do you have in accordance with the legislation if you cannot secure enough work for your employees?
An employer has to secure the work determined in the employment contract to the employee. In extraordinary circumstances, like currently during the coronavirus outbreak, this is sometimes not possible. Should that occur, you have several options for your employees:
– changing the employment contract or concluding a new employment contract due to changed circumstances.
– conclude an employment contract to work from home,
– changes the obligations of the employee to provide another type of work during a limited period of time.
If there are not enough resources or possibilities to provide work for all employees, there are also other options available:
– put employees on waitlist until the workload increases with salary compensation,
– employees that have to stay home due to childcare or force majeure, can do so and receive salary compensation
– terminating employment contract due to business reasons.
What about if your company employs workers with work and residence permit for Slovenia?
If your company in Slovenia employed workers from non-EU countries, you had to obtain work and residence permit for them. This permit is limited to them being employed in your company only. You have the same options for them during these extraordinary times as you would for Slovenian employees. It means that you can put them on waitlist, give them other work assignments and even decide to terminate the contract. In this case, they can register the with the Slovenian employment office and receive compensation if they are eligible. They will have the right to remain in Slovenia throughout the duration of their compensation.
But in case you would later want to hire them back, you would once again have to obtain the work permit for them before you can employ them back in your company. We recommend discussing with a legal advisor before proceeding with any of these options. Only this way you can be well informed regarding consequences of each option.