In the European Union the posting of workers is regulated under Directive 96/71, Directive 2014/67 and Directive 2018/957. In particular, in Slovenia the provisions listed in Directive 96/71 concerning the posting of workers have been transposed into national legislation through the Employment Relationship Act, the Employment, Self-employment and Work of Foreigners Act, and the Foreigners Act.
However, the legislative process for the transposition of the provisions of Directive 2014/67 is still in progress. In the following sections you can find a summary of the obligations provided by Slovenian and European Law on transnational posting of workers to Slovenia.
Preliminary obligations for posting workers to Slovenia
According to Directive 96/71/EU and its national transposition, employers based in EU/EEA countries may post their workers to Slovenia for a provision of services, as long as they fulfill preliminary conditions. Each posting of workers shall be notified to the Employment Service of Slovenia through an online form (ZRSZ – Prijava izvajanje storitev delodajalca s sedežem v državi članici EU, EGP ali Švicarski konfederaciji (gov.si)) at least one day prior to the start of work.
Among others, the registration requires the following data:
- The number of posted workers;
- Type of service;
- Work’s location and duration of the activities;
- Contact information about the posted worker appointed as a contact person.
Following to the registration, the electronic system generates a certificate of registration available for the download.
The national transposition of Directive 2018/957 in Slovenia
The 2021 Act Amending the Transnational Provision of Services Act (Zakon o spremembah in dopolnitvah Zakona o čezmejnem izvajanju storitev; Official Journal of the Republic of Slovenia No. 119/2021 – ZČmIS-A) transposes Directive 2018/957 into Slovene local legislation.
Under this Act, during the time of posting of a worker to Slovenia, the employer must guarantee the working conditions established in the Slovenian legislation. This includes the provisions concerning health and safety at work and special protection of workers.
However, these provisions only apply if they are more favorable to the foreign worker.
Working and salary conditions applicable during the assignment to Slovenia
Pursuant to national provisions, foreign employers posting workers to Slovenia shall comply with general employment conditions applicable in Slovenia. Among others, these conditions include working time, safety, health and hygiene in the workplace, further remuneration, allowances, reimbursement, holiday pay and vacation allowance.
As regards the minimum wage, in Slovenia it is adjusted once a year (usually in force from 1st January). In 2022, the minimum wage in Slovenia set by the Minimum Wage Act amounts to €1.074,43 gross per month. Posted workers have the right to receive at least such remuneration, unless the applicable collective bargaining agreement sets a higher minimum wage.
Social security in Slovenia
When posted to Slovenia by an employer in an EU/EEA-country, a posted employee temporarily works in Slovenia but continues to be employed in another country. Thanks to the EU harmonized social insurance system, employees posted abroad pay social insurance contributions to the country where they are regularly employed.
As a matter of fact, pursuant to Regulation (EC) 883/2004, the posting company must apply to the competent social institution for the issuing of an A1 Certificate for each posted worker. This document states in which country the holder pays for social security contributions. Therefore, posted workers remain under the social security system legislation of the country in which they are employed. This Certificate can cover a maximum of 24 months.
A&P con provide you full support with the application for the A1 certificate or the multistate A1 Certificate.
Documents’ availability during the posting of workers to Slovenia
Employers must keep all documents related to the posting of workers to Slovenia 24 months after the termination of the posting. Such documents must be available in Slovenian and in their original language. Although the law does not require certified translations, the competent authorities may request them. It also has to be considered that all documents must be available on the place where the work is performed during the period of posting to Slovenia.
Among others, the main documents requested during inspections are personal IDs, work permits (when applicable), employment contracts, pay slips, an overview of working hours, A1 certificates and posting company-related certificates.
Penalties for non-compliance as defined in the Slovenian legislation
Any breaches of the provisions applicable to posted workers to Slovenia may entail penalties in the form of administrative offences. According to the Employment Relationships Act, the authority may impose a maximum non-compliance penalty of €20,000. Similarly, failure to register posted workers to Slovenia may give rise to a maximum penalty of €20,000.