Labor impact of technological devices in Slovenia

AutorDarja Sencur Pecek
CargoProfessor. University of Maribor, Slovenia
Páginas59-66
IUSLabor 2/2018 Darja Senčur Peček
59
LABOR IMPACT OF TECHNOLOGICAL DEVICES IN SLOVENIA
Darja Senčur Peček
Professor
University of Maribor, Slovenia
1. Is there any regulation in your country regarding employees’ use of
technological devices in the company?
Slovenian legislation does not specifically regulate the impact of technological devices
on employment relationships and it is also not included in the collective agreements yet.
Concerning permissibility of employer’s monitoring of the use of these devices, general
regulation regarding privacy protection of the employee applies. Even the Constitution
of the Republic of Slovenia includes protection of the right to privacy and personality
rights (in article 35), protection of the privacy of correspondence and other means of
communication (article 37) and protection of personal data (article 38) among human
rights and fundamental freedoms. Employment Relationship Act (ZDR-1) determines a
general obligation of the employer to guard and respect the employee’s personality and
to protect the employee’s privacy (article 46) and it also establishes an obligation to
protect the employee’s personal data (article 48). In this regard, the employer must also
consider the Personal Data Protection Act (ZVOP-1), which has entered into force prior
to GDPR (the new legislation is now in the drafting phase). The execution of ZVOP-1 is
monitored by a special state authority Information Commissioner, who is also a
misdemeanor authority. Nonbinding legal opinions and guidelinesclarifications about
issues in the field of data protection, adopted and published by the Information
Commissioner at his website, are also important.
2. Is it mandatory for the company to have a code of conduct or an internal policy
regulating the use technological devices? If not, what is the procedure that the
company must follow to regulate the use of technological devices?
Slovenian legislation does not provide an obligatory adoption of codes of conduct or
rules regarding the use of technological devices.
The employer can adopt a code of conduct to regulate this matter. A code of conduct
(this applies to all codes of conduct) must be sent to trade unions at the employer to
express their opinion prior to its adoption. If the trade unions forward their opinion in 8
days, the employer must consider it before adopting the code of conduct and also state
its position about the opinion.

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