CONSTITUTIONAL ASPECTS OF PROHIBITION OF COMPETITION IN SLOVENIAN LABOUR LAW

The objective of this article is to emphasize the complexity of constitutional dimensions of the notion of prohibition of competition, primarily within the Slovenian labour legislation framework. The prohibition of competition encompasses significant restrictions, particularly affecting workers, in terms of freedom to choose employment, engage in independent entrepreneurial activities, and even utilise their free time and rest periods. The author first presents and analyses the legislative provisions in place before Slovenia’s independence, which were annulled as unconstitutional, and then outlines the key elements of the current labour legislation governing both dimensions of the competition prohibition statutory and contractual. Throughout, the author highlights solutions that the legislature implemented following guidance from the Constitutional Court, which played a pivotal role in shaping the now-applicable legal framework on the prohibition of competition.