Which Are the Key Indicators for the Existence of an Employment Relationship? – A Detailed Analysis of Case Law in the Republic of Slovenia

The key research objective of this paper is to analyse and compare the relevance of various indicators of the existence of an employment relationship through a detailed analysis of Slovenian case law. We have analysed accessible Slovenian courts’ decisions relating to the (non-)existence of an employment relationship under Article 4 of the Employment Relationship Act (ZDR-1). We conclude, inter alia, that of all the analysed indicators, the question of the worker’s autonomy in organising working time is of paramount importance in determining the existence of an employment relationship. In contrast, indicators that point to the existence of business integration or economic dependence of a worker carry no relevant weight when determining the existence of an employment relationship.