Jadek & Pensa

When performing our services and tasks in the field of labor law, we are aware that the relationship between workers and employers is particularly important, as only good cooperation and an orderly working environment can bring optimal results. We act as consultants for employers regarding all issues of labor law, either in the form of drafting a legal opinion or in finding solutions to existing problems. When preparing the company's internal acts that regulate the areas of employment, employment contracts and management contracts, we respect the 10 universal principles of the UN Global Compact and ensure that respect for human rights and labor standards is taken into account in a balanced way. After the adoption of internal acts, we conduct trainings and thus ensure that the purpose of their adoption is achieved and that violations are kept to a minimum.

We assist clients in negotiations with trade unions and works councils and advise them on major reorganizations, major redundancies and also restructuring procedures (either as part of insolvency proceedings or regular reorganization). We also carry out labor law mediation between employers and employees, which is aimed at preserving and improving the working relationship.

When maintaining an employment relationship is not possible or is not in the interest of those involved, we are aware that the field of employment law is becoming more and more complex, especially when regulating individual employment relationships. Labor legislation requires excellent knowledge and understanding of the reasons for termination of an employment contract, proper implementation of procedures (including the involvement of the trade union when necessary) and knowledge of the system for determining disciplinary responsibility and court procedures. The latter is especially important when the burden of proof is on the employer.

The demanding implementation of the strict rules of labor legislation and the shifting of the burden of proof to the employer in possible legal proceedings are the reasons why employers increasingly turn to external experts for help and advice. Based on extensive experience and knowledge and understanding of labor legislation, our office provides assistance in the correct implementation and legality of procedures, which is a key prerequisite for success in individual and collective labor disputes, in which, among other things, the rights and obligations of workers are decided.

Precisely because of our knowledge of labor law standards and our commitment to respect the latter, we also offer our services to workers in cases of discriminatory practices by employers, mistreatment at workplaces and in general when workers' rights are violated.

Insolvency law and restructuring is an area where only legal knowledge, i.e. knowledge of the rules governing the field is not sufficient to prepare good legal solutions. Although the legal rules themselves are extremely complex and extensive, they are in fact only a framework within which a comprehensive understanding of the economic relations between various stakeholders and substantive treatment of the issues is necessary so that the rules can be properly understood and applied.

It is essential to understand the logic and rules of accounting, valuation, business and financial professions. It is also necessary to understand banking regulation and the structure of financial organizations and large business systems, all of which dictate the behavior of the most important stakeholders in insolvency conditions - large creditors and debtors.

In our office, we deal with insolvency law and restructuring at the highest level. We advised on the largest restructuring of Slovenian and regional systems and on the preparation of legislation that serves as a basis for preventive restructuring (ZFPPIPP-F). In this area, we advise the largest Slovenian creditors, debtors, owners and buyers of both creditor and ownership positions. We create solutions for the resulting situations and look for ways that enable a resolution or a new start in the difficult conditions presented by the insolvency environment and the legal framework that regulates it. We also participate in expert discussions in the field of insolvency law and restructuring.

The protection and effective protection of intellectual property rights, especially patents, trademarks, designs and copyright and related rights, are absolutely necessary for the successful operation of companies and for their future development, as these rights are one of their key assets. On the other hand, it is necessary to protect free economic initiative and to ensure that the holder of the right does not exceed the limits given by the right.

In the field of patents, we are active mainly in the procedures that follow the patent granting procedure. Although patent disputes are not very common in Slovenia, our office has a lot of experience with them. We represent clients both in disputes related to the validity of patents and in relation to patent infringements. In the case of the latter, procedures related to the issuance of temporary injunctions are important in practice, with which effective protection of the right can be achieved even during the duration of the patent before a final settlement of the dispute, when the patent may already have expired. The same applies in case of disputes regarding infringement or question of validity of marks.

We also have many years of experience with trademark protection procedures. We act as a representative at the Intellectual Property Office of the Republic of Slovenia, where Slovenian trademarks are registered, and at the European Intellectual Property Office, where trademarks valid throughout the European Union are registered. Prior to registration, we advise the customer on the most optimal ways to effectively protect their rights based on their specific circumstances. Good contacts with specialized lawyers abroad, with whom we regularly cooperate, when assistance abroad is needed in the protection or enforcement of a trademark, also contribute to the comprehensive service. In the field of trademarks, we also work in the area of ​​seizure of goods in customs procedures, when goods equipped with a certain mark are not entitled to such a designation (counterfeit) and we are members of the CAPIP.EU network, which provides all services related to seizures in the EU area counterfeit goods at uniform prices, and the platform enables customers to monitor individual processes in real time.

In addition, the office is subscribed to the darts-ip database, which allows us to quickly and efficiently search for decisions of the competent authorities on a global scale in the field of brands, designs, patents and domains, which help us both in finding solutions for clients in the event of disputes or potential disputes as well as in the management of disputes.

Our experience in the field of copyright and related rights includes both advising clients in the area of ​​rights transfer agreements and representing clients in disputes related to these rights. In agreements on the transfer of rights, special attention must be paid to the provisions on the scope of the transfer, since copyright is not a single right, but consists of several entitlements that can be transferred separately and with different time, space and other restrictions.

Corporate law is the foundation for the efficient operation of the business activities of companies and participants in the economy. It is a legal field that requires a comprehensive understanding, a sense of detail and knowledge of domestic and foreign good practices. An understanding of accounting, tax and business finance is also essential.

An important part of our team in this area deals with advising public and private companies, management and control bodies, commissions and owners regarding optimal structure and internal regulation, as well as corporate issues of due diligence, remuneration, conflict of interest, handling of trade secrets and inside information, proprietary relationships and decision-making processes at all levels. We carefully follow the best and developing corporate practices, based on our rich experience we manage status transformations and other restructurings, and we advise on the management of business systems.

Our team also often advises in joint venture transactions, which operate in innovative corporate and financial structures, and in venture capital investments in start-up companies. We are also active in the field of regulating relations between founders and partners in many service and other business activities, where tax analysis and the construction of a management personnel reward system are often required.

Globalization is in full swing in today's modern era, which is why cross-border business of companies is something completely normal. With the goal of developing the full potential of their employees, global mobility is key for many companies, which is why companies send various profiles of their employees to work abroad. At the same time, an increasingly restrictive policy in the field of labor migration law can be observed recently. Therefore, it is crucial for companies whose operations are distinctly cross-border that they are well acquainted with the legislative requirements in the field of labor migration and that they ensure compliance with these rules.

In the field of global mobility and labor migration, we offer clients a full spectrum of legal services, which includes advisory services before the intended deployment from the point of view of Slovenian legislation, compliance review of companies' operations, preparation and filing of all types of work and residence permits, all types of visas in Slovenia, representation before administrative and judicial authorities and the preparation of internal acts of companies in the field of labor migration.

With in-depth knowledge and extensive experience in this field, our advantage is primarily a comprehensive approach to the problem of an individual client, as we understand that a certain problem or question in the field of labor migration is rarely limited to the issue of labor migration, but often includes important aspects of tax law and social security law, labor law and corporate law. Our office offers clients a unified and comprehensive approach that enables the client to familiarize himself with all relevant aspects so that he can make a well-informed decision. We have also formed strong connections in the office with friendly foreign law firms, so we can offer assistance to clients regardless of the jurisdiction to which a particular question relates.

The issues of labor migration are not limited to individual industries or large companies, therefore we offer our services in this area to clients from practically all industries, both local and international clients, both small companies with only a few employees and companies with several thousand employees and entities all over the world.

Real estate deals and projects for the construction of new buildings and infrastructure are often among the larger and more demanding ones. We have extensive knowledge and experience in this field, as our office has advised either sellers or buyers in some of the largest real estate transactions and construction and infrastructure projects in Slovenia.

Our office in the field of real estate transactions offers a full range of services, from due diligence to the preparation of contracts and the execution and closing of the deal. We have developed our own computer tools that enable us to automatically review and analyze data during due diligence, thereby saving valuable time and effectively reducing costs for our customers. At the same time, with this innovative approach, we can successfully respond to market demands regarding the predictable amount of our fee when performing due diligence.

We advise both clients and contractors in construction, as well as in architectural and design contracts. Our experience and understanding of these areas of expertise give us a good basis for quality legal advice, which also takes into account the specifics of each area. We are aware that contracts in the field of construction are among the more complex legal transactions, where it is very important that both the client and the contractor correctly and precisely define their mutual rights and obligations right from the start. This is the only way to avoid uncertain and potentially controversial situations that arise during or in connection with construction.

We also advise and represent clients in relation to real estate management.

Our primary goal is to prevent disputes. Based on our extensive experience, we can help the client to avoid a potential dispute at a very early stage, thereby saving resources and time that are otherwise required for often lengthy procedures with an uncertain outcome. Even when a dispute is already threatening, we can help the client to have a better starting point in the event of a later dispute and thus greater chances of success. We therefore pay special attention to risk management and the prevention of controversial situations already at the stage of forming and implementing legal transactions. In order for our clients to be able to recognize potential disputes themselves as soon as possible and to respond accordingly, we also offer them specially prepared education and training.

In cases where a dispute does occur, we first identify the client's goals together with the client, and then, based on an early assessment of the dispute and the situation of both parties, we jointly find the most appropriate and efficient way to achieve these goals. These are often also various alternative dispute resolution procedures, including mediation. Based on our extensive experience, we design a dispute resolution strategy that is most likely to bring the desired result.

When a dispute before a court, arbitration or other authority cannot be avoided, clients can rely on our specialized team for such procedures, which has extensive experience in representing clients in all types of procedures, both before domestic courts and administrative bodies, as well as before international and domestic arbitrations.

The experience of our dispute resolution team includes representation of clients in proceedings arising from (non)performance of contracts, compensation relations (among other things also related to violations of competition law, takeovers and mergers, public procurement, banking and financial transactions, liability of management bodies and supervision), construction and infrastructure projects, corporate relations, infringement of intellectual property rights (patents, brands, copyrights, database rights, unfair competition), labor relations, takeovers, exclusion of minority shareholders, bankruptcy proceedings, actions of regulatory authorities, etc.

We also offer clients different dispute resolution options through various alternative dispute resolution procedures, including mediation. With many years of experience and expertise, as independent experts, we can help you find acceptable and future-oriented solutions. We can design procedure rules and the most appropriate way of finding a solution especially for customers.