Posting from Slovenia
In accordance with the employment contract, the employer can temporarily post a worker to work in another EU Member State. If the employment contract does not allow the possibility of working abroad, the employer and the worker must sign a new employment contract.
The employment contract which is the basis for posting must, besides the compulsory elements of the laws regulating employment relationships, also stipulate:
- the duration of the work abroad,
- holidays and free days,
- minimum annual leave,
- the amount of pay and the currency, in which it shall be paid,
- additional insurance for health services abroad,
- other incomes in cash and in-kind, to which the worker is entitled during his working abroad,
- the way of ensuring and implementing the rights connected to the payment for work and other benefits which, in accordance with the regulations of the country where the work is carried out, are provided at least to the extent prescribed by those regulations, or more favourably,
- conditions of return to Slovenia.
Throughout the duration of the posting, the employer and the worker must have an employment contract, and after the posting ends the employer must provide the worker return travel to Slovenia.
A worker may refuse the posting abroad if there are justified reasons, such as:
- care of a child under the age of seven,
- care of a child under the age of 15 if the worker lives alone with the child and takes care of its education and protection,
- health reasons,
- other reasons provided by the employment contract and/or the collective agreement, which are directly binding on the employer.
For a worker posted abroad, the regulations of the RS are still used for the purposes of healthcare and compulsory health insurance, parental compensations, compulsory pension and disability insurance and unemployment insurance, as stipulated in the EU legislation that coordinates social security systems. For this purpose, the employer is obliged to acquire a Certificate concerning the social security legislation which applies to the holder (Certificate A1). This certificate is issued by the Health Insurance Institute of Slovenia.
If it is more favourable for the worker, the employers have to follow the provisions of the applicable regulations and relevant collective agreements of the country to which the workers will be posted when ensuring the rights of these workers regarding the following:
- salary levels, including merits and extras,
- the length of the annual leave and the rate of holiday allowance,
- working time and breaks and rests,
- protection of workers in cases of pregnancy, parenthood and workers younger than 18 years of age,
- prohibition of discrimination,
- occupational health and safety,
- conditions for ensuring the work of the workers for the clients.
Potential employers can turn to the relevant bodies of the State in which the service will be carried out for any information about the scope and the manner in which the listed rights are regulated in national legislations of individual EU Member States, for declaring the commencement of service, or for any other administrative requirements.
Posted workers have to arrange residence permits in the EU Member State to which they will be posted in accordance with the national regulations of the EU Member State in which the work will be carried out.