Writing an employment contract is a skill. Every employer needs to know what the mandatory components of an employment contract are. Not only is an employment contract good if it has several pages and resembles a book. Quite the opposite. An employment contract is useful if the drafter has considered why he will write certain provisions in the contract, and for others he will refer to the law, collective agreement or internal act. An employment contract must enable the employer to effectively manage working hours, pay for work, reward and sanction.
Contents:
1. General
- What are the new mandatory ingredients from November 16, 2023 (ZDR-1D)?
- Important new Supreme Court case law regarding references to internal acts in contracts.
- Why must an employer regulate certain employee rights in an internal document and not in an employment contract?
- Can an employment contract be concluded for several months in advance?
- Can customers cancel it during this time and how?
- If workers have old employment contracts, do they need to be renewed?
2. Mandatory, recommended and void provisions
- What rights of employees must the employer regulate in the employment contract, because these are mandatory components?
- Which employee rights can be referred to in the employment contract and regulated in more detail in the rules or in the collective agreement?
- Which are recommended and which are void provisions in an employment contract?
- What if an employee does not show up for work on the agreed day for justified or unjustified reasons?
- How to define and define a competition clause? Is it okay to just copy it from ZDR-1?
- How to determine the basic salary in an employment contract (per month, per 174 hours, in a range, etc.)?
- Does it make sense to specify the types and amounts of bonuses in the contract?
- Does it make sense to specify criteria for calculating annual leave in the contract?
- What if employees have even longer notice periods specified in their contracts than those currently in force?
- Can we write that the contract is strictly confidential?
3. Fixed-term employment contract
- When can a contract be concluded for a fixed period and for how long?
- Consequences of an illegally concluded fixed-term contract?
- Definition of the time of conclusion of a fixed-term contract in the case of replacing a temporarily absent worker.
- Mandatory components of a fixed-term contract.
4. Specific features of other employment contracts
- Specific features of an employment contract concluded for part-time work (based on special regulations and contractual freedom).
- Specifics of the supplement to the employment contract concluded for part-time work due to parenthood.
- Specifics of an employment contract when an employee has multiple employers.
- Specific features of the employment contract in the case of performing supplementary work.
- Specifics of an employment contract for working from home.
Lecture:
M.Sc. Nina Scortegagna Couch: A specialist in labor law and author of several professional books, she was nominated for the most distinguished legal expert in 2020. More about the lecturer
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