Reference no.: |
Up-40/93 |
Objavljeno: |
Official Gazette of RS, no. 43/98 and OdlUS VII, 109 | 07.05.1998 |
ECLI: |
ECLI:SI:USRS:1998:Up.40.93 |
Act: |
Judgement of the Supreme Court of the Republic of Slovenia No. U 1294/93 dated 20 July 1994, decision of the Ministry of Work, Family and Social Issues No. 073-038/93 dated 10 June 1993 and decision of the Republican Institute for Employment, Ljubljana Unit, No. 0424404583 dated 7 October 1992 Act on the Employment of Foreigners (Official Gazette RS, No. 33/92) (ZZT), Art. 23 |
Operative provisions: |
The judgement of the Supreme Court of the Republic of Slovenia, the decision of the Ministry of Work, Family and Social Issues, the decision of the Republican Institute for Employment, Ljubljana Unit, are abrogated ab initio. The case is remanded to the competent lower organ for a new decision. In Art. 23 of the Employment of Foreigners Act, (1) words: "permanent" in Subpara. 1, Para. 1 and in Para. 2 after words "in an employment relation", and (2) Subpara. 2, Para. 1, are abrogated. |
Abstract: |
The regulation of the transitional provision of the Employment of Foreigners Act according to which a worker is entitled to different rights if they obtained a permanent or temporary job was determined without a reasonable or actual connection with the goal pursued; thus it is unconstitutional. |
Password: |
Employment, of foreigners. Foreigners, employment. Foreigners, work permit. Employment relations, a permanent and temporary job. Employment relations, the years of employment. Principle of equality before the law. Constitutional Court, the principle of linking issues concerning the decision on a constitutional complaint (the extension of a complaint). Dissenting opinion of a Constitutional Court justice. Concurring opinion of a Constitutional Court justice. |
Legal basis: |
Constitution, Art. 14 Act on Basic Rights from Employment Relations (ZTPDR), Art. 12 Act on Retirement Pension and Disability Insurance (ZPIZ), Arts. 8 and 204 Constitutional Court Act (ZUstS), Art. 59 |
Document in PDF: |
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Type of procedure: |
constitutional complaint |
Type of act: |
other acts |
Date of application: |
27.09.1993 |
Date of decision: |
07.05.1998 |
Type of decision adopted: |
decision |
Outcome of proceedings: |
annulment or annulment ab initio |
Document: |
AN01561 |
