Lex localis - Journal of Local Self-Government_11(1)_January

712 L EX LOCALIS - J OURNAL OF L OCAL S ELF -G OVERNMENT D. Senčur Peček, S. Laleta & S. Kraljić: Labour Law Implications of Outsourcing in Public Sector of employees arising from the employment relationships with the transferor employer that existed on the day of transfer shall be transferred to the transferee employer. " Even though the cited provision does not explicitly provide that an undertaking or part of an undertaking has to retain its economic identity as a condition for the existence of change of employer (unlike the provision in the Directive or Croatian LA), Slovenian legal system also only protects employees within the meaning of the provision of Article 75 of ERA-1 in the cases where in the event of the transfer of an undertaking or part of an undertaking, this undertaking retains its identity. The institution of a change of employer is both in theory and in case law being interpreted in the spirit of the Directive, which was implemented with the cited provision (Blaha, 2005; Senčur Peček, 2010; Bečan et al., 2016: 443). Slovenian courts are following guidelines of the Court of Justice of the EU regarding the existence of transfer of an undertaking in cases of outsourcing as well. In the case VIII Ips 126/2009 of 11 January 2011, the Supreme Court of the RS stated: "In activities where the transfer does not involve any transfer of assets, an essential part of the staff employed by the transferor must be transferred, which can represent a criterion for a cohesive unit (Case Temco, C-51/00). In the present case, the maintenance of park areas was contractually delegated for a period of one year, whereas in the event of such transfer of a service activity the other defendant’s employees would also have to be transferred to the outside contractor in order for such transfer of an activity to be considered a transfer of an undertaking." 29 In the context of Slovenian regulation of the transfer of an undertaking, a special attention should be paid to the provision of the eighth paragraph of Article 75 of ERA-1, which provides that if the transferor employer temporarily transfers the undertaking to the transferee employer on the basis of a legal transaction, the contractual and other rights and obligations arising from the employment relationships of employees shall again be transferred to the transferor employer or to a new transferee employer after this legal transaction expires. With this provision, Slovenian law provides better protection of employees in the event of the transfer of an undertaking than the Directive. The Directive represents a minimum standard and does not prevent Member States from adopting laws or other acts in certain area that are more favourable for employees or from promoting more favourable collective agreements. 30 The cited provision also applies in the case of a temporary contractual delegation of the provision of services. In the case VIII Ips 50/2015 (judgement of 25 May 2015) the Supreme Court of the RS held that "A service contract, which is concluded with the contractor for a limited period, represents a conclusion of a