Sexual harassment in the workplace in Slovenia

Sexual harassment in the workplace is prohibited by the Employment Relationship Act (“ZDR-1”).

According to the Article 7 of the ZDR-1, sexual harassment is “any form of undesired verbal, non-verbal or physical action or behaviour of a sexual nature with the effect or intent of adversely affecting the dignity of a person, especially where this involves the creation of an intimidating, hateful, degrading, shaming or insulting environment.

The prohibition has been in force in Slovenia since 2007.

2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?

Yes. Employers need to adopt measures to prevent, eliminate and manage cases of violence, bullying, harassment (of any kind) and other forms of psychosocial risks at the workplace, which can pose a threat to workers’ health in accordance with Article 24 Health and Safety at Work Act.

Additionally, in accordance with Article 47 of the ZDR-1, employers are obliged to ensure that no employee is exposed to sexual or any other harassment by the employer, managers or co-workers in their working environment. In order to do this, employers must adopt and inform the employees in writing about suitable measures for the protection of employees.

While there is no specific set of rules regulating the steps or measures that private sector employers must put in place to prevent sexual harassment in Slovenia, employers should define in their internal policies the prohibited behaviours and the procedural steps in the event a complaint is raised. Other measures include: making sexual harassment a specific violation of the disciplinary rules, training for staff and appointing a special confidant.

3. Has the #MeToo movement had a noticeable impact on the number of harassment claims against your employer clients?

In our experience, no.

The #MeToo or #JazTudi movement is publicly recognised in Slovenia and has been active for more than a year for the purpose of raising awareness about sexual harassment. More than 150 stories have been published on their website. However, according to our information and published data, there is no indication about a significant number of complaints made as a result in Slovenia.

In a case involving workplace sexual harassment an employee may submit a written request to the employer to put an end to it.

In cases where there is a finding of sexual harassment, the employee may also raise a claim for damages before the court. The employer is liable under the general rules of civil law. However, in contrast to the general civil law rules, the burden of proof is reversed (i.e. it is on the employer).

The employee also has a right to bring a complaint against the employer to the labour inspectorate. A fine ranging between EUR 3,000 and EUR 20,000 may be imposed on the employer if the employer infringes the prohibition of sexual or other harassment and mobbing in the workplace and if the employer has failed to provide protection against sexual or other harassment or mobbing in accordance with the first paragraph of Article 47 ZDR-1.

5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?

Red. In Slovenia there were a series of events, projects and publications to tackle and mostly prevent cases of sexual harassment. Some of them have been in cooperation with the EU, i.e. Eurofound, EU-OSHA.

However, sexual harassment has not been highlighted as an issue in many of our client's organisations. 

6. Any other relevant information on workplace harassment?

In Slovenia, workplace harassment is punishable as a criminal offence under Article 197 of the Criminal Code (“KZ-1”).

Further, the public perception of harassment and the reputational damage it can have on organisations, has changed. There have been some subtle shifts in power towards the harassed employee.

In addition, we are aware that employees tend to disclose details about the behaviour of the alleged harasser, as well as their employer’s response, to the wider public via social media.

7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

In Slovenia, there has been a focus on workplace harassment within manufacturing services followed by health and social care, financial services and public administration.

A survey conducted in 2008 showed that in Slovenia 10.4% of respondents were at least occasionally exposed to harassment in the workplace in the preceding six months before the survey. The results indicated that every third woman is exposed to verbal sexual harassment and each sixth woman is exposed to physical (non-verbal) harassment. The share of men who experienced any form of harassment was much lower, i.e. every sixth. The results showed that the most common harassers are managers, followed by colleagues.