ELA EU Pay Directive
SLOVENIA
Legislation Addressing the EU Pay Directive
Succinct summary of the legislation:
No draft legislation transposing the EU Pay Transparency Directive has been published.
Slovenia has yet to finalize the transposition of the Directive, despite the 7 June 2026 deadline having passed. The Ministry of Labour, Family, Social Affairs and Equal Opportunities of the Republic of Slovenia (now the Ministry of the Economy, Labour and Sport) has initiated procedures by establishing working groups and preparing a new piece of legislation. Slovenia’s official online legal-information system (“Pravno-informacijski sistem Republike Slovenije” or “PISRS”) records a Slovenian legislative file titled “Draft Act on the Implementation of Equal Pay for Women and Men through Pay Transparency” (“Predlog zakona o izvrševanju enakega plačila za ženske in moške s preglednostjo plačil”) as legislation in preparation.
In support of the implementation of the Directive, a project titled Pay Day has been launched in December 2024, the objective of which is to: establish a free online tool to identify gender pay gaps; develop guidelines and a methodology for gender-neutral job evaluation systems; conduct a national awareness campaign; and provide training for various relevant parties.
There is no official publication date yet for the Slovenian draft transposing legislation.
There is no official indication yet that Slovenia will implement the Directive verbatim, nor is there any official indication that Slovenia will introduce stricter or additional requirements. When published, the legislation can be expected to cover at least the Directive-level areas.
Although the Directive has not yet been transposed, and Slovenia does not yet require private employers to submit gender pay gap reports, the current Employment Act (Official Gazette of the Republic of Slovenia no. 21/13, et seq., “ZDR-1”), in force since 12 April 2013, includes an “equal pay for equal work” provision. Article 133 ZDR-1 states that (i) an employer shall pay equal pay to workers for equal work and work of equal value, irrespective of their gender; and that (ii) provisions of an employer’s employment contract, collective agreement or general regulation which are contrary to the preceding paragraph shall be invalid. At the same time, the prohibition of discrimination (including on the basis of gender and in relation to pay) is a fundamental principle of ZDR-1, and specifically included in Article 6.
Application
Recruitment and job applicants
What information must an employer provide to job applicants in relation to pay (i.e. what does "initial pay range" include – basic pay, bonus, family leave payments, pension, stock options, etc)?
Current Slovenian Employment Relationships Act (ZDR-1) does not yet require employers to provide an “initial pay range” to applicants.
A vacancy notice must include the conditions for performing the work and the application deadline (Article 25(1) of the ZDR-1).
How and when must this information be provided?
The employment contract must state the amount of the employee’s basic salary in EUR, any other payments, other salary components, the pay period, pay day and method of payment (Article 31(1) of the ZDR-1). The employer must generally provide the written draft employment contract three days before the intended signing, and the written contract at signing (Article 17(2) of the ZDR-1).
ZDR-1 defines salary as consisting of basic salary, performance-related pay and allowances; business-performance pay is part of salary if agreed in a collective agreement or employment contract (Article 126 of the ZDR-1). ZDR-1 separately regulates other payments, including reimbursement of work-related costs (such as meals, commuting and business travel costs) and annual leave allowance (Articles 130 and 131 of the ZDR-1).
Does the salary history ban apply equally to internal candidates?
There is currently no express Slovenian prohibition on salary-history enquiries. However, the employer may ask candidates, including internal candidates participating in a recruitment process, only for evidence that they meet the job requirements and may not request data that is not directly connected with the employment relationship (Article 28(1) and 28(2) of the ZDR-1). Candidates are not required to answer questions that are not directly connected with the employment relationship (Article 29(2) of the ZDR-1).
Can employers' use salary history information already known to them when determining salaries for internal hires/ promotions?
d) There is no express Slovenian rule prohibiting use of salary history information already known to the employer. However, reliance on salary history may create legal risk unless it is objectively justified, necessary and proportionate in the circumstances.
The employer may process employee personal data only if this is legally provided for or necessary for employment-related rights and obligations (Article 48 of the ZDR-1). In addition, salary decisions must comply with the equal-treatment rules (Article 6 of the ZDR-1) and equal-pay rules (Article 133 of the ZDR-1): ZDR-1 requires equal treatment in recruitment, promotion, pay and other employment benefits, and requires equal pay for equal work or work of equal value regardless of sex.
Does local law require that the job vacancy notices and job titles are gender neutral?
Job vacancy notices and job titles must in substance be gender-neutral. ZDR-1 prohibits publishing a vacancy only for men or only for women, unless sex is an essential and decisive occupational requirement and the requirement is proportionate and justified by a legitimate aim (Article 27 of the ZDR-1). The legal requirement is framed as a prohibition on sex-specific or sex-preferential vacancy publication rather than as a detailed formatting rule.
Transparency of pay and pay progression policy
What information must an employer make available to workers about workers’ pay, pay levels and pay progression under local law?
Current Slovenian Employment Relationships Act (ZDR-1) does not yet impose obligations equivalent to those set out in the Directive on employers to make available to workers information on workers’ pay, pay levels and pay progression criteria. Relevant collective agreements binding the employer and/or the employer’s general acts must also be complied with.
Under current law, the employment contract must state the amount of the employee’s basic salary in EUR, any other payments, other salary components, the pay period, pay day and method of payment (Article 31(1) of the ZDR-1).
In addition, the employer must issue a written pay statement to the worker by the end of each pay day, showing data on salary, salary compensation, work-related cost reimbursements and other payments to which the worker is entitled under law, collective agreement, employer’s general act or employment contract, together with tax and social security contributions and the pay day (Article 135(2) of the ZDR-1). The employer must also issue an annual written statement of salary and salary compensation for the previous calendar year by 31 January (Article 135(4) of the ZDR-1).
How should this information be provided?
Required information is provided through the written employment contract and through written pay statements.
Where pay or pay progression rules are contained in the employer’s general acts, the employer must enable workers to familiarise themselves with all applicable general acts. Such acts must always be available in an accessible place where workers can review them without supervision (Article 10(6) of the ZDR-1).
Has local law clarified what are the "objective and gender-neutral criteria" that should be used to determine pay, pay levels and pay progression?
Current Slovenian legislation has not yet clarified the Directive concept of “objective and gender-neutral criteria” for determining pay, pay levels and pay progression.
Under ZDR-1 salary decisions must comply with equal-treatment rules (Article 6 of the ZDR-1) and equal-pay rules (Article 133 of the ZDR-1), which require equal pay for equal work or work of equal value regardless of sex.
Are there any exemptions based on headcount?
There are no headcount-based exemptions from the current ZDR-1 obligations to include individual pay information in the employment contract, issue pay statements, comply with equal treatment, or comply with equal pay.
Individual rights to pay information
A worker is entitled to request and receive information on:
- their individual pay level; and
- the average pay levels broken down by sex for workers performing the same work as them or work of equal value to theirs
What is considered to be "pay" for the purpose of this provision?
Current Slovenian legislation has not yet introduced the right equivalent to that set out in the Directive for a worker to request information on their individual pay level and average pay levels, broken down by sex, for workers performing the same work or work of equal value. Accordingly, Slovenian law does not yet define “pay” specifically for the purposes of that information right.
Can any pay components be excluded for the purposes of calculating gross hourly pay (for example, can voluntary benefits, stock options or "pay" components that do not appear on a payslip be excluded?)
Current Slovenian legislation has not clarified whether any pay components may be excluded for the purposes of calculating gross hourly pay under the information right as set out in the Directive. In particular, Slovenian law does not yet state whether voluntary benefits, stock options or pay components not appearing on a payslip may be excluded.
Within what period of time must the information be provided?
Current Slovenian legislation does not yet prescribe a period within which the employer must provide pay information to the worker as set out in the Directive.
How should this information be provided?
Current Slovenian legislation does not yet prescribe how the information on individual pay level and average pay levels by sex as set out in the Directive must be provided.
Are there any exemptions based on headcount?
Since Slovenia has not yet implemented the information right as set out in the Directive, there are also currently no Slovenian headcount-based exemptions from that right.
Is a worker entitled to request this information individually and/or through workers representatives and/or through an equality body?
Current Slovenian legislation has not yet introduced the mechanism under which a worker may request this information as set out in the Directive individually, through workers’ representatives or through an equality body.
What rights does a worker have where the information is alleged to be inaccurate or incomplete?
Current Slovenian legislation does not yet contain specific rules on what rights a worker has where the pay information as set out in the Directive is inaccurate or incomplete.
Does an employer need to inform workers of their entitlement to request this information?
Current Slovenian legislation does not yet require employers to inform workers annually, or otherwise, of their entitlement to request information as set out in the Directive on individual pay level and average pay levels by sex.
Does local law require that employers provide this information in the local language, or can it be provided in English?
As a general rule, internal employer communications concerning employment rights and obligations must be in Slovenian. The Public Use of the Slovenian Language Act (Official Gazette of the Republic of Slovenia no. 86/04, et seq., “ZJRS”) provides that the internal operations of private legal entities and registered natural persons concerning employment rights and duties, instructions to employees and employee notifications must be conducted in Slovenian (Article 16(2) of the ZJRS). A foreign language may be used in addition in certain limited cases.
Prohibitions on workers disclosing pay information
Contractual clauses that prevent employees from disclosing information about their pay are prohibited under the Directive.
Can employers impose any restrictions on workers to prevent them from disclosing their own pay, and/or average pay information obtained pursuant to an information request?
Current Slovenian legislation has not yet transposed the Directive rule prohibiting contractual terms that restrict workers from disclosing information about their pay.
Under current Slovenian law, there is no express general statutory prohibition on pay secrecy clauses. A clause that prevents a worker from enforcing equal pay rights may however be unenforceable.
If existing contracts contain pay secrecy clauses, what actions (if any) are required to bring those contracts into compliance (e.g., must such clauses be formally rescinded or is the existing pay secrecy clause simply unenforceable)?
Current Slovenian legislation does not yet prescribe specific steps that employers must take in relation to existing pay secrecy clauses, because the Directive rule has not yet been transposed.
Accordingly, there is no statutory requirement expressly requiring employers to formally rescind or amend existing pay secrecy clauses. However, once the Directive is transposed, any clause restricting workers from disclosing their pay for the purpose of enforcing equal pay rights is expected to be unenforceable or invalid to that extent.
Gender pay gap reporting
Please confirm what gender pay gap information employers must provide under local law (and include detail on headcount thresholds).
Current Slovenian legislation does not yet impose a gender pay gap reporting obligation equivalent to Article 9 of the Directive, as the Slovenian transposing legislation has not yet been published/adopted.
What pay information (if any) is an employer required to publish and where does it need to be published (i.e. on its website).
Current Slovenian law does not yet require employers to publish gender pay gap information.
Is an employer required to provide the information to an authority and if so when?
Current Slovenian law does not yet designate the national authority for gender pay gap reporting under the Directive or set the local filing mechanics
Does local law specify how employers should consider employees that choose not to identify with a particular gender?
Current Slovenian law does not yet specify how employers should treat workers who choose not to identify with a particular gender for the purpose of gender pay gap reporting.
National Workforce Thresholds
Does national law apply different workforce thresholds than those set out in the Directive (100/150/250 employees) for any pay transparency or reporting obligations?
Current Slovenian legislation does not yet apply workforce thresholds equivalent to, or different from Directive thresholds, as the Slovenian transposing legislation has not yet been published/adopted.
Dealing with Gaps & Joint Pay Assessments
Where gender pay differences are not justified on the basis of objective, gender-neutral criteria, in what timescale must an employer remedy the situation?
Current Slovenian legislation does not prescribe a specific timescale within which an employer must remedy unjustified gender pay differences.
Under the Slovenian Employment Relationships Act (ZDR-1), the employer must ensure equal treatment, including in relation to pay and promotion (Article 6 of the ZDR-1), and must pay equal remuneration to women and men for equal work and work of equal value (Article 133(1) of the ZDR-1). A worker may before the competent labour court:
o enforce employment rights under Article 200 of the ZDR-1, if, within eight working days of being served with the worker’s written request, the employer fails to fulfil its employment-related obligation or fails to remedy the breach (Article 200(2) of the ZDR-1); and
o bring monetary employment claims directly (Article 200(4) of the ZDR-1).
Does local law specify how an employer should remedy the situation?
Current Slovenian law does not specify a detailed method for remedying unjustified gender pay differences.
In practice, the remedy would need to ensure compliance with the equal-treatment and equal-pay rules under Articles 6 and 133 of the ZDR-1. Depending on the circumstances, this may require salary adjustments, payment of outstanding differences, changes to pay-setting rules, changes to promotion or classification criteria, or amendments to discriminatory contractual or internal-policy provisions.
How must an employer work in close cooperation with workers’ representatives, the labour inspectorate and/or the equality body in remedying the situation?
Current Slovenian law does not contain a specific obligation requiring employers to work in “close cooperation” with workers’ representatives, the Labour inspectorate or the equality body when remedying gender pay differences
In what circumstances does local law require an employer to conduct a joint pay assessment?
Current Slovenian law does not yet require employers to conduct a joint pay assessment in cooperation with workers’ representatives.
Data Protection
Where the provision of information would lead to the disclosure of the pay of an identifiable worker, does local law limit access to the relevant information and if so, how?
Current Slovenian legislation does not yet contain a specific Directive rule limiting access to pay information where disclosure would lead to the pay of an identifiable worker being revealed. Under current Slovenian law, however, information on an identifiable worker’s pay is personal data and must be handled under the general personal data and employee data rules.
Breach of pay transparency and pay gap reporting requirements
What sanctions, penalties or other measures may be imposed on an employer in the event of breach of gender pay reporting or pay transparency requirements under local law?
Current Slovenian legislation does not yet impose sanctions specifically for breach of gender pay gap reporting or pay transparency requirements as set out in the Directive, because those obligations have not yet been transposed into Slovenian law. However, employers may still face fines, invalidity of unlawful clauses, labour-court claims, compensation exposure and discrimination-law sanctions where the underlying conduct breaches existing equal-treatment, equal-pay, salary-payment or pay-statement rules.
If the matter amounts to unequal treatment or discrimination, the employer may be fined under the Slovenian Employment Relationships Act (ZDR-1). A legal-entity employer, sole proprietor or individual performing an activity may be fined EUR 3,000 to EUR 20,000 if it places a jobseeker or worker in an unequal position in breach of Article 6 of the ZDR-1. Lower fines apply to smaller employers, individual employers and responsible persons (Article 217 of the ZDR-1).
Equal-pay breaches may trigger civil employment-law consequences.
Failure to comply with existing individual pay-information obligations may also be sanctioned. For example, if an employer does not pay salary or does not issue a written pay statement in accordance with Articles 134 and 135 of the ZDR-1, this is a misdemeanour sanctioned under Article 217 of the ZDR-1.
If the conduct constitutes discrimination under the Protection Against Discrimination Act (Official Gazette of the Republic of Slovenia no. 33/16 et seq., “ZVarD”), additional consequences may apply. A person who has been discriminated against may bring a claim seeking cessation of discrimination, payment of compensation for discrimination and/or publication of the judgment. The statutory compensation for discrimination is EUR 500 to EUR 5,000 (Article 39 of the ZVarD). In addition, ZVarD provides fines for discrimination: generally EUR 3,000 to EUR 20,000 for a legal person, sole proprietor or individual performing an activity, and up to EUR 30,000 for more serious forms of discrimination or victimisation (Article 45 of the ZVarD).
Rights to equal pay – rights of action
What rights of action under local law are available to a worker as a result of any alleged infringement of the right to equal pay?
A worker may bring an employment claim before the competent labour court for infringement of the right to equal pay (Article 200(4) of the ZDR-1). Employment-related claims generally become time-barred after five years (Article 202 of the ZDR-1).
The core statutory right is set out in Article 133 of the Slovenian Employment Relationships Act (ZDR-1), which requires equal pay for women and men for equal work and work of equal value. Any provision of an employment contract, collective agreement or employer’s general act that is contrary to this rule is invalid (Article 133(2) of the ZDR-1).
In the event of discrimination, the employer may be liable for damages under the general rules of civil law, including non-pecuniary damage for distress caused by unequal treatment or discriminatory conduct (Article 8 of the ZDR-1).
The worker may also bring claims under the Protection Against Discrimination Act (ZVarD), including claims for cessation of discrimination, compensation and publication of the judgment. ZVarD provides statutory compensation for discrimination of EUR 500 to EUR 5,000 (Article 39 of the ZVarD).
In addition to court proceedings, the worker may submit a complaint to the Labour Inspectorate under Article 2 of the Labour Inspection Act (Official Gazette of the Republic of Slovenia no. 19/14 et seq., “ZID-1”). A person who considers that they have been discriminated against may file a proposal for consideration with the Advocate of the Principle of Equality (Articles 33 to 37 of ZVarD).
Workers Representatives
How does local law define ‘workers’ representatives?
Slovenian law does not contain one single general definition of “workers’ representatives” for all employment-law purposes.
Under the Worker Participation in Management Act (Official Gazette of the Republic of Slovenia no. 42/93 et seq., “ZSDU”), collective worker participation is exercised through the works council, the workers’ trustee, the assembly of workers and employee representatives in company bodies (Articles 2 and 3 of the ZSDU).
Separately, under the Slovenian Employment Relationships Act (ZDR-1), a trade union with members employed by a particular employer may appoint or elect a trade union representative to represent it before the employer. If no trade union representative is appointed, the trade union is represented by its president (Article 205 of the ZDR-1).
If the employer does not have any workers’ representatives, what are its obligations in relation to the provisions of the Directive referring to workers' representatives?
Current Slovenian law has not yet transposed the Directive provisions referring to workers’ representatives, including the provisions on joint pay assessments
What rights do workers' representatives have?
Slovenian law has not yet transposed the specific rights of workers’ representatives under the Directive, and those rights have therefore not been extended under Slovenian implementing legislation.
If workers’ representatives have not been engaged in the right way and/or in a timely fashion, what are the consequences under local law?
Current Slovenian law does not yet provide pay-transparency-specific consequences for failure to engage workers’ representatives correctly or in a timely manner.
What obligations exist in relation to workers’ representatives’ rights to be consulted on pay gap information and access to the relevant methodologies applied?
Current Slovenian law does not impose specific obligations on employers to consult workers’ representatives on gender pay gap information or to provide access to the methodologies used for gender pay gap reporting, because the relevant Directive provisions have not yet been transposed.
What rights of action are available to a worker or workers’ representatives in event of breach of gender pay reporting or pay transparency requirements under local law?
Current Slovenian law does not yet provide specific rights of action for workers or workers’ representatives in the event of breach of gender pay reporting or pay transparency requirements as set out in the Directive.
Member State Support
What support in terms of technical or other assistance and training has been provided, or is promised, for employers?
Officially announced support for employers is being provided through the PAY DAY project, coordinated by the Ministry of Labour, Family, Social Affairs and Equal Opportunities (now the Ministry of the Economy, Labour and Sport) together with project partners.
Is this available to all employers or, for example, are there headcount limits?
No headcount limit for access to PAY DAY support is stated. The support is described as being aimed at target groups including employers, trade unions and employees generally.
To whom must an employer make the joint assessment available?
Public access points are:
• GOV.SI PAY DAY project page:
https://www.gov.si/zbirke/projekti-in-programi/projekt-pay-day
• PAY DAY project website:
https://payday.enakostspolov.si/
• Diversity Learning PAY DAY training page:
https://diversitylearning.eu/index.php/sl/pay-day/
Other/Additional