Ljubljana 3 19 2018 Employment of foreign citizens in

Ljubljana, 3/19/2018

Employment of foreign citizens in Slovenia Metka Barbo Škerbinc Head of Employment Office for Foreigners Ljubljana, 3/19/2018

Central Office in Ljubljana, 3/19/2018 Conditions for work and employment in Slovenia 1. Foreigners from the so-called “third countries" (non. EU Member States) – which includes the Bosnia&Herzegovina citizens, may be employed in Slovenia provided that they obtain a work permit. 2. A work permit is a precondition for an employer to conclude a work contract or a service contract, or to engage in other activities with a foreigner. 3. Artists (e. g. singers), persons working in fairs, maitenance servicemen or service providers are allowed to work for a shorter period without a work permit, but with mandatory registration of work.

Central Office in Ljubljana, 3/19/2018 Types of work permits The following types of work permits are issued: 1. Personal work permit – foreigner is the applicant. This is a form of work permit which enables the foreigner to have free access to the labour market (except the self-employment permit). 2. Permit for recruitment – employer is the applicant. Recruitment of foreigners means conclusion of work contracts 3. Permission for work – employer is the applicant. It implies provision of services by foreigners and other forms of labour based on work contracts and/or other civil law contracts limited in time.

Central Office in Ljubljana, 3/19/2018 Which are the conditions for work permits? 1. PERSONAL WORK PERMITS (term of validity one year, three years, indefinite period) 2. May be obtained: 3. For SELF-EMPLOYMENT (for 1 year) 4. Conditions: 5. Valid permission for temporary stay 6. One year temporary stay in Slovenia for the purpose of work (seasonal work or detachment do not count) 7. Present funds amounting to 10. 000 EUR 8. Present proof of ownership or rent of business offices

Central Office in Ljubljana, 3/19/2018 Personal work permits with term of validity of 3 years 1. For members of nuclear families of Slovenian citizens 2. For self-employed foreigners who have been self-employed for 2 years and registered in the business registry 3. For foreigners with at least secondary vocational education who have been employed with the same employer for 2 years with no interruptions 4. For foreigners who have graduated from a university in Slovenia

Central Office in Ljubljana, 3/19/2018 Personal work permits with indefinite term of validity 1. For foreigners with permanent residence permit

Central Office in Ljubljana, 3/19/2018 PERMITS FOR RECRUITMENT 1. The first permit for maximum 12 months (possibility of extension) 2. A permit for recruitment can be issued on condition that there are no adequate unemployed persons in the register of the public employment service and if the following conditions are fulfilled: - the employer is registered in the business register; - the employer has registered the vacancy; - the quota for this form of employment allows more recruitment; - the foreigner meets the conditions required by the employer; - the employer must submit a signed work contract; - the employer and the foreigner are not prohibited to recruit/work.

Central Office in Ljubljana, 3/19/2018 Required documents 1. In order to obtain the first work permit, a foreigner must submit: 2. A copy of the foreigner’s travel document 3. A copy of the degree diploma – validated by Apostille stamp and translated to Slovenian language 4. The employer must submit: 5. The work contract (structured according to the Slovenian regulations – salary, vacation. . . ) 6. Statement of business activities for the previous 6 months 7. Other relevant factors: 8. Settled tax obliagations in the field of labour and employment 9. Penalties administered to the employer by labour inspection

Central Office in Ljubljana, 3/19/2018 Permissions for work 1. For shorter forms of labour, limited in time and specified with respect to the purpose - Detached (seconded) workers Cross-border delivery of services Training Permissions for representatives of foreign companies - Permissions based on service contracts - Seasonal works (construction, tourism and services related to hotels and restaurants, agiculture)

Central Office in Ljubljana, 3/19/2018 Seasonal works 1. An employer can apply for a permit for seasonal work of a foreigner once in a calendar year, which is issued for a period of 3 months, except: 2. The permit for work in agriculture or forestry, which can be extended or reissued to the employer, but up to 3 times annually at the most. 3. Permits for work in services related to hotels, restaurants and tourism can be issued several times in a calendar year, but cannot cover more than 6 months in total. 4. Permits for seasonal employment in construction activities is limited to maximum 9 months within the period of 12 months. 5. When a permit for seasonal work is expirint, in construction a new permit can be obtained after 7 months have passed. The employer where seasonal work took place can obtain the permit for recruitment under the conditions for new employment of foreigners. 6. During the course of seasonal work, the employer and the worker conclude fixed-term contracts.

Central Office in Ljubljana, 3/19/2018 Procedure 1. Permissions for work are issued by the Employment Service of Slovenia, typically after the employer has applied for it, as a permit for recruitment or permission for work, which enables work or employment at the specified employer – applicant and for the specified job. Personal work permits are issued at the application of foreigners. 2. 3. 4. 5. - Applications are filed in the designated forms: - for personal work permit in the form ZRSZ-TUJ-1 - for the permit for recruitment in the form ZRSZ-TUJ-2 - for the permission for work in the form ZRSZ-TUJ-3 for registration of work in the cases when work permit is not necessary in the form ZRSZ-TUJ-4 1.

Central Office in Ljubljana, 3/19/2018 Mandatory registration of commenced work relation 1. The law also stipulates the mandatory registration of commenced work relation, as well as the registration of the termination of the foreigner’s work. Poslodavci moraju prijaviti početak rada. Sam oako poslodavac sa strancem sklopi ugovor o zapošljenju za prijavu početka rada važi prijava u socialnu osiguranje. 2. The deadlines for registration are prescribed as follows: - With respect to the first work permit (when the foreigner does not have the permission for temporary residence in Slovenia), registration for social insurance must be done within 15 days from the day when the foreigner is given the permission for temporary residence. - As regards the extension of the permit, i. e. when the foreigner has already had the permission for temporary residence in Slovenia, registration must be done within 10 days from the day when the foreigner is given the work permit.

Central Office in Ljubljana, 3/19/2018 Work permit – permission for temporary residence 1. 2. 3. 4. 5. 6. 7. 8. Based on a work permit, a foreigner is free to work and/or conclude employment contracts in Slovenia. This is the basis for obtaining the permission for temporary residence, which is a separate permission issued by public authorities in Slovenia. The application for permission for temporary residence is filed to the diplomatic consular mission of Slovenia. Appendices are as follows: Valid travel document (valid at least 3 months longer than the intended stay in Slovenia) Health insurance Adequate means of sustenance A foreigner must act in accordance with the purpose of his/her stay in Slovenia (employment or work, family rejoining, studying) 9. The diplomatic mission sends the documentation to the relevant authorities at the place where the foreigner will have temporary residence which will issue the first permission for temporary residence. 10. If the relevant authority decides to issue the permission for temporary stay, it will send the permission back to the diplomatic mission of Slovenia in the foreigner’s country of origin. 11. The costs for the permission (35 to 60 EUR) are charged to the foreigners, and can be reimbursed by the employers. 12. Using a travel document containing the permission for temporary residence a worker can enter and temporarily reside in Slovenia and work there on the basis of the work permit.

Central Office in Ljubljana, 3/19/2018 1. Foreign workers are equal to Slovenian workers. 2. They are the subject of labour legislation regulating the minimum rights pertinent to the working hours, holidays, work at night, minimum vacation, salary, safety and health at work and special insurance of workers. 3. As regards exercising their rights, the workers can turn to the trade unions and labour inspection. The employers that are punished for denial of certain rights will be prohibited to employ new foreigners.

Central Office in Ljubljana, 3/19/2018 Number of work permits issued in 2008 PERS. WORK PERMIT PERM. FOR RECRUITM ENT PERM. FOR WORK WITHOUT WORK PERMIT EU PR. TOTAL Ex-YU countries 5084 41597 13792 1507 21 62001 Other countries 490 1578 433 355 6 2862 5575 43180 14226 1864 3177 68022 Total

Central Office in Ljubljana, 3/19/2018 Educational profiles of workers with issued work permits Construction workers 15603 Metal processing 7189 Mechanics 3495 Road transportation 2687 Electricians 2434 Plant cultivation 895 Installation and mounting 698 Wood processing 691 Hotels and restaurants 630