Law office Kavalič
Masarykova cesta 14
1000 Ljubljana
Slovenia
+386 59 011 462

Duty of salary payment to absent workers?

Payment for work is one of the employer’s fundamental obligations under the employment contract and is essentially a consideration given by the employer in return for the work done by the employee.

The obligation to pay wages is not an automatic consequence of the existence of an employment relationship between the parties, but constitutes consideration for work done. The Supreme Court of the Republic of Slovenia, in its decision VIII Ips 206/2018, points out that an employee is entitled to wage compensation even when he or she is not performing work, but only in cases expressly provided for by the labour law regulation.

However, labor legislation does not provide for the obligation to pay worker’s wage in the event of an employee’s unjustified absence from work.