recent decision the Constitutional Court of the Republic of Slovenia
(“Constitutional Court”), nos. U-I-55/16-19 and U-I-196/16-15, dated 13 June
2019, ruled that the exclusion of worker’s participation in bank’s management
under Article 33(4) of the Banking Act (“ZBan-2”) violates the constitutional
principle of equality as enshrined in Article 14 of the Constitution, and was
Participation in Management Act (“ZSDU”) provides that workers, employed in a
company having a two-tiered management system, may have their representative
both in the supervisory body as well as in the management board, and those employed
in a company with a single-tiered system, may have a representative in the
board. In any event, workers have the right to have their representative in a
management board or a board if a company employs over 500 workers.
the arguments supporting the previously valid exclusion of worker’s participation
in banks’ management are the special requirements, duties and conditions that
members of management bodies must satisfy under ZBan-2. Namely, knowledge,
skills, experience in managing a bank’s business, reputation, and the lack of
any management position in another company.
question which – if any – requirements under ZBan-2 must workers’
representatives satisfy in order to be validly appointed to a management
position in a bank, has not been addressed by the Constitutional Court.
Suzana Bončina Jamšek, Partner