Obligations of posted workers
Obligations of posted workers
Foreigners posted to RS by a foreign employer must have, at the time of their posting, regulated residence according to the provisions of the Aliens Act.
If the worker posted to RS by a foreign employer is a citizen of an EU Member State, he can reside in the territory of RS without registration for 90 days after entering the country. If he wishes to extend his residence in the RS beyond the 90 days, he must, before the expiration of the 90-day permit, register his residence with the administrative unit where he lives, citing employment or work as reasons.
The administrative unit issues a receipt that confirms the EU citizen has submitted a registration of temporary residence, which allows the worker to reside while the application is being resolved. The administrative unit issues a confirmation of the registration of temporary residence if the worker has a valid ID or passport and proof of carrying out work.
If the worker, posted to RS by a foreign employer, is a citizen of a state that is not an EU member, he must obtain a single residence and work permit for the purposes of pursuing cross-border services. The request for permission may be lodged by the foreigner or his employer. The foreigner lodges an application for a first temporary residence permit with a diplomatic or consular representation of the Republic of Slovenia abroad, while the employer may apply also at the administrative unit where the worker will reside or at the administrative unit where the employer’s seat is or where the service will be carried out.
The administrative unit issues a single residence and work permit if the foreigner possesses a valid passport and sufficient funds for living and has social security in the country from which he has been posted. A single residence and work permit is issued for the period stipulated in the contract or act of posting, or at most for a year with the possibility of extension.
The application for issuing or extending the temporary residence permit for providing cross-border service with posted workers is lodged on the form no. 9/1, which is an appendix to the Rules on the method of issuing residence permits, the method of taking fingerprints and method of indicating termination of residence permits (Official Gazette of the RS, no. 62/2015 and 79/15).