Posted workers from a third country company (napoteni delavci iz podjetij v tretjih državah)

What

An employer can post an employee in another country for a limited period to carry out work in that country (posting of a worker to work in another country). Services using posted workers in Slovenia should be performed according to minimum working conditions and employment according to Slovenian law and collective agreements. When you are posted to another country, your employer must follow the employment regulations of that country: maximum work periods and minimum rest periods, minimum paid annual holidays, the minimum rates of pay (including overtime), health and safety at work, protection for women who are pregnant or have just given birth and equal treatment for men and women.

Who

You are a ‘posted worker’ if you normally work in one country and temporarily carry out your work in another EU or EEA country (maximum 2 years). You can either be an employee posted by an employer or a self-employed person.

How

In order to provide services in Slovenia using posted workers, an employer registered in an EU Member State has to submit a statement regarding a provision of services to the Employment Service of Slovenia using the e-form (available only in Slovenian), if he wants to post you to Slovenia. Companies from the EU, EEA, and Switzerland are required to register the start of posted work to the Employment Service of Slovenia if they use posted workers. The rule applies also to the third-country companies, providing short-term services in Slovenia involving the supply of goods and services by using posted workers. If the posted worker is a third-country national, they must acquire a single residence and work permit for cross-border provision of services. The application must be submitted at a diplomatic or consular representation of the Republic of Slovenia abroad by the employer or worker. The employer can also submit the application either at the administrative unit in the area where the worker resides or the administrative unit in the area of the employer’s place of business or provision of services. If the worker has a valid passport, sufficient subsistence funds to reside in Slovenia and is covered by the social security system of the country of origin, he is issued a single residence and work permit for the period indicated in the contract or document on his posting or for a maximum of one year with the possibility of extension.

Before being posted to the workplace, the A1 form needs to be completed. This form proves that you are covered by the social security system of the country where you are employed.  You might have to present the A1 form to the authorities at any time during the posting. More information on a posting of workers can be found by clicking on the following links

(in English and Slovenian): http://www.mddsz.gov.si/en/areas_of_work/labour_relations_and_labour_rights/employment_relationships/posted_workers/
(in English and Slovenian):  http://www.napotenidelavci.si/en/posting-to-slovenia/

You can also find useful information for posted workers in the construction industry here
(in English and Slovenian): http://www.posting-workers.eu/countries/slovenia.aspx

A list of administrative units can be found here (in Slovenian): http://www.upravneenote.gov.si/

Where

Ministrstvo za delo, družino, socialne zadeve in enake možnosti (Ministry of Labour, Family and Social Affairs and Equal Opportunities)
Kotnikova 28, 1000 Ljubljana
Telephone: +386 1 369 7649
http://www.mddsz.gov.si/en/
E-mail: gp.mddsz@gov.si
A list of institutions in relation to posting of workers (in English): http://www.napotenidelavci.si/en/competent-institutions-and-interest-groups/

Ljubljana, Slovenia

Ministrstvo za delo, družino, socialne zadeve in enake možnosti (Ministry of Labour, Family and Social Affairs and Equal Opportunities)

Kotnikova 28

1000 Ljubljana

ATTENTION

If you think your rights have been violated, you can contact:

  • Inšpektorat Republike Slovenije za delo (Labour Inspectorate of the RS),
    Verovškova ulica 64a, 1000 Ljubljana
    Telephone: +386 1 280 36 60
    http://www.id.gov.si/en/
    E-mail: gp.irsd@gov.si
  • Delavska svetovalnica (Counselling Office for Workers)
    Dalmatinova ulica 4, 1000 Ljubljana
    Telephone: +386 1 434 12 10 and 080 14 34

Kako ti lahko pomagamo?

E-mail: info@delavskasvetovalnica.si

  • Zveza svobodnih sindikatov Slovenije – ZSSS (Association of Free Trade Unions of Slovenia)
    Dalmatinova ulica 4, 1000 Ljubljana
    Telephone: +386 1 434 12 00
    E-mail: zsss@sindikat-zsss.si