Competent institutions and interest groups
Competent institutions
Employment Service of Slovenia (ESS) is a body competent for accepting the applications of providing services using posted workers and for issuing approvals of the single residence and work permit for posted workers.
An online registration for service providers is available at (http://www.ess.gov.si/delodajalci/zaposlovanje_in_delo_tujcev/prijava_storitev_in_zastopnikov). It is tied to three different situations: providing services of undertakings with the seat in State that is a Member of the EU, EEA, or in Switzerland; providing short-term services by providers from third countries; registering short-term activity of a representative.
Approval of the single permit for posted workers
The approval of the single permit for posted workers is granted by the ESS at the request of the administrative unit for the purpose of providing cross-border services, the movement of persons within economically-linked undertakings and the training of posted workers in such undertakings. A foreign employer can only get the approval for posted workers who have been employed by him for at least nine consecutive months, or six, in the case of workers with completed tertiary education.
An individual can claim labour violations to the Labour Inspectorate of the RS, an administrative body within the Ministry of Labour, Family, Social Affairs and Equal Opportunities. The Inspectorate supervises the implementation of laws and other regulations, collective agreements and general acts that govern employment relations, pay and other receipts from employment, the employment of workers at home and abroad, worker participation in management, strikes and occupational health and safety. It also supervises implementation of regulations that specifically determine this.
Inspection work, within the framework of the Inspectorate’s authority, is carried out by inspectors independently. The inspectors, taking into account the circumstances of individual cases and respecting the mandate they were entrusted, deliberate independently regarding consulting, help and selecting measures. In addition to the authority provided by the law regulating inspection work, an inspector also has the authority to order an independent sampling or measurement and to determine the time, workplace or work environment of the sampling.
The Financial Administration of the RS (FURS) provides information about the tax obligations of the posted workers who have been posted abroad by their employers, or foreigners who have been posted to Slovenia. It also informs their employers about the taxation of employment income.
The tasks of FURS include assessment and calculation of compulsory levies as well as financial supervision. FURS assesses taxes and levies on the basis of submitted assessments of income tax from employment income; here, the timeliness and accuracy in calculating taxes are monitored, while FURS also carries out subsequent financial supervision as a part of financial investigations. If irregularities in the procedures are discovered, FURS imposes sanctions in minor offence proceedings. Based on international data exchange, the FURS provides information about the income of non-residents that originated in Slovenia to competent foreign tax bodies.
Following the EU legislation in the field of social security in the cases of posting workers, the ZZZS is the responsible entity for executing the stipulations concerning healthcare as well as stipulations concerning the field of legislation used, of which issuing the A1 Certificate is a part.
The A1 Certificate is an official document issued on the basis of EU regulations, with which one EU Member State confirms that for a particular worker in a particular time only its social security legislation is applicable. When this document is submitted, the other EU Member State, in which the posted worker is working, can neither calculate nor collect contributions for social security following its own legislation.
The A1 Certificate for employed and self-employed persons who are insured in the RS is issued by the responsible unit of the Health Insurance Institute of Slovenia (ZZZS), in the town where the employee or the self-employed person is registered for compulsory health insurance. The employer or the self-employed person must at that submit a correctly competed Questionnaire for employers (available in Slovenian), which can also be obtained in all regional units and offices of the ZZZS.
Following the application from a foreign worker or an employer, the Administrative Units issue single work and residency permit for cross-border providing of service with posted works, based on Article 45 of the Aliens Act (Official Gazette of the RS, no. 45/14 - UPB1, 90/14, 19/15 in 47/15 – ZZSDT) which stipulates the conditions required for the worker to obtain a single work and residency permit as a posted worker.
The application forms for issuing the single work and residency permit are available on the administrative units’ website (available in Slovenian) (form sample).
In the area of work migrations the Ministry of Labour, Family, Social Affairs and Equal Opportunities of the Republic of Slovenia (MDDSZ) works closely with the Employment Service of Slovenia (ESS) and other ministry departments, particularly with the Ministry of the Interior of the Republic of Slovenia. The Division for Employment, Social Entrepreneurship and Migrations prepares regulation and legislative proposals relating to the employment and work of foreign workers in Slovenia, monitors the implementation of rules and regulations, and handles complaints against the decisions of the Employment Service of Slovenia to refuse issuing seasonal work permits to foreign workers. It also participates in the preparation of the EU legislative proposals relating to the free movement of workers and services, and the entry, stay and employment of third-country nationals, while its representatives also participate in the Advisory and Technical Committees on Free Movement of Workers, the Council of Experts for the Posting of Workers, and the Migration Working Groups of the Council of the European Union.
In the area of posted workers and regulation of employment relationships, the MDDSZ prepares laws and other regulations related to the general status of individual employment relationships and works with other competent ministries in preparing individual sector laws when they move into the realm of work or employment relationships (regulating the status of posted workers in the ZDR/ERA).
Interest groups
The activity and competencies of the Association of Free Trade Unions of Slovenia in connection with posted workers:
- adequate awareness-raising of posted workers about the posting procedures and continuous checks of employers :
- strengthening the cooperation with supervisory bodies and competent institutions when it comes to posting workers (e.g., Labour Inspectorate of the RS, ZZZS);
- strengthening inter-institutional cooperation through information and cooperation;
- encouraging posted workers to cooperate with supervisory and law enforcement bodies;
- awareness-raising among posted workers through providing professional help and legal advice and aid;
- strengthening cooperation with German unions and official bodies from Germany and Austria;
- cooperation with countries to which Slovenian companies post workers;
- visits to relevant institutions or organisations in countries where the problems of violations of posted workers’ right occur more frequently;
- preparation and distribution of relevant guidance materials and tools for posted workers;
- strengthening the already established cooperation with supervisory and law enforcement bodies on the international level as well, with immediate reporting of perceived violations and regular information sharing.
The Chamber of Craft and Small Business of Slovenia protects and represents the interests of employers. For several years, it has been very active in consulting and providing professional help to its members in procedures of postings aboard and related matters. It also offers counselling and legal aid with contracts in cases of posting workers abroad. OPZ collaborates internationally with employer institutions and strengthens cooperation with supervisory bodies, both in the EU and in third countries. As an institution for employers it also cooperates with business chambers around the world and thus provides its members with professional support through exchange of good practices and different forms of strengthening of institutional capacities (e.g., study visits of experts to different EU Member States), which are for the most part financed through different EU programmes.
As the largest trade and employer association in Slovenia, with more than 160 years of tradition, the Chamber of Commerce and Industry of Slovenia (CCIS) represents interests of companies in dealings with the State and trade unions in creating conditions of work and trade, as well as in ensuring conditions for economic development. The CCIS is a part of an international network of 50 international sector organisations and other institutions.
As a part of its activities, CCIS also concerns itself with questions regarding posted workers. It is a member of the Advisory Committee on Free Movement of Workers at the European Commission. In connection to posted workers, the CCIS also participates in legislative procedures within the ministry responsible. It also has established links and cooperation with other bodies that are a part of posting procedures. Likewise, the CCIS organises different educational events for its members on the topic of posting workers and offers individual guidance for members regarding postings.
The Association of Employers of Slovenia (ZDS) is the first voluntary economic association in Slovenia representing and protecting the interests of employers since 1994.
The ZDS has been actively interested in the issues or problems concerning posting workers abroad for years. They have published two brochures, “Postopki napotitve slovenskih delavcev na delo v države članice EU” (Procedures in posting Slovenian workers to work in the EU Member States) and “Napotitev managerjev in strokovnjakov na delo v tujino” (Posting managers and experts for work abroad).
The member services of the ZDS include offering employers information about the procedures of posting workers abroad. Likewise, they advise about the compulsory contents of the contract that employers have to draw with the worker in the case of posting abroad.