Slovenia has seen a rise in the adoption of remote work culture, with an increasing number of companies offering this option. It's important for both employers and employees to understand the legal framework, technological requirements, and employer obligations associated with remote work.

Legal Framework for Remote Work

The Employment Relationships Act (ERA) in Slovenia governs remote work and categorizes it into two types:

• Mobile Work: Here, employees carry out their duties outside the employer's premises but are still geographically tied to a specific location, such as a home office.
• Remote Work: In this case, employees have the flexibility to perform their duties from any location.

The ERA requires a written agreement between the employer and employee for both types of work arrangements. This agreement should specify the scope of work, work schedule, technical equipment provision, health and safety considerations, and data security procedures.

Technological Requirements for Remote Work

A robust technological infrastructure is crucial for a successful remote work setup. This includes secure communication tools, cloud storage solutions, cybersecurity measures, and a reliable internet connection. The employer's contribution to these technological needs should be clearly defined in the written agreement.

Employer Obligations for Remote Work

Employers have certain responsibilities towards remote workers, which extend beyond providing technological support. These include offering training and support for remote work procedures and technology use, setting clear expectations for employee availability, promoting a positive remote work culture, and implementing performance evaluation methods suitable for a remote work environment.

Slovenia offers a variety of flexible work arrangements that cater to diverse employee needs and foster a work-life balance. These arrangements include part-time work, flexitime, job sharing, and equipment and expense reimbursements.

Part-Time Work

Part-time work in Slovenia is regulated by the Employment Relationships Act (ERA). This type of work involves working fewer hours than a standard full-time position. The specific schedule, whether fixed or variable hours, is agreed upon by the employer and employee in a written contract. Part-time employees are entitled to most benefits offered to full-time employees, including proportionate vacation time, sick leave, and social security contributions, which are pro-rated based on their working hours.

Flexitime

Flexitime allows employees to structure their working hours within a certain timeframe, offering flexibility around core working hours. There are no specific legal provisions for flexitime in the ERA. However, employers have the flexibility to implement flexitime arrangements through internal company policies or agreements with individual employees. Flexitime caters to employees with personal commitments or preferences for earlier or later working hours.

Job Sharing

Job sharing involves two or more part-time employees sharing the responsibilities of one full-time position. The ERA applies to job sharing arrangements. Each job-sharing employee has an individual employment contract outlining their specific working hours and responsibilities within the shared role. Job sharing allows companies to access a wider talent pool and retain experienced employees seeking reduced hours.

Equipment and Expense Reimbursements

The ERA doesn't mandate specific reimbursement policies for equipment or expenses incurred by employees due to flexible work arrangements. However, employers and employees can agree upon these details in the written employment contract or annexes. The agreement should specify whether the employer provides or reimburses for equipment needed for flexible work arrangements. Reimbursement for expenses like internet connectivity or increased utility bills due to home office use can be negotiated and documented in the agreement.

The shift to remote work arrangements necessitates heightened focus on data protection and privacy for both employers and employees in Slovenia.

Employer Obligations

The General Data Protection Regulation (GDPR) outlines employer obligations regarding employee data:

• Lawful Basis for Processing: Employers must have a lawful basis for processing employee data, such as fulfilling contractual obligations or obtaining employee consent for specific uses.
• Data Minimization: Employers should only collect and process the minimum amount of employee data necessary for work purposes.
• Data Security: Implementing appropriate technical and organizational measures to safeguard employee data from unauthorized access, disclosure, alteration, or destruction is crucial.
• Transparency and Accountability: Employers must be transparent with employees about how their data is collected, used, and stored, and demonstrate accountability for data protection practices.

Employee Rights

Under GDPR, remote workers in Slovenia have specific rights regarding their personal data:

• Right to Access: Employees have the right to access their personal data held by the employer and request rectification of any inaccuracies.
• Right to Erasure: In certain circumstances, employees may request the erasure (deletion) of their personal data.
• Right to Restriction of Processing: Employees may restrict the processing of their data, meaning it can only be stored for specific purposes.

Best Practices for Data Security

Both employers and employees can contribute to a secure remote work environment:

• Employer-Provided Equipment: Employers should ensure company-issued devices are securely configured with strong passwords and encryption, and implement remote access controls.
• Data Access Controls: Granting employees access only to the data necessary for their job functions minimizes risk.
• Employee Training: Regular training on data security best practices, including phishing awareness and password hygiene, empowers employees to identify and mitigate risks.
• Clear Data Use Policies: Developing and enforcing clear policies regarding data usage, storage, and transfer minimizes accidental data breaches.