Changes in the Area of Employment of Foreigners
Amendments to the Employment, Self-employment and Work of Foreigners Act (ZZSDT-A) and to the Foreigners Act (ZTuj-2E) introduce several changes. We will take a look at the highlights. Alongside the aforementioned amendments, Directive 2014/36/EU on seasonal workers and Directive 2014/66/EU on intra-corporate transfer of persons are being transposed into the Slovenian legal system.
The provisions of Directive 2014/36/EU, which regulate the issuance of permits for seasonal work shorter than 90 days, had already been entirely transposed into the Employment, Self-employment and Work of Foreigners Act (in such instances, the Employment Service of Slovenia issues a special permit for seasonal work). The latest amendment to the said Act however introduces the possibility of acquiring a uniform permit for seasonal work for a period longer than 90 days. A foreigner is thus issued a uniform residence and work permit (for the purpose of performing seasonal work) for the entire term of employment or duration of the work agreement. This permit can also be extended, whereas the total duration of such permit is limited to six months in a calendar year (or, in extraordinary circumstances, seven months).
The transposition of Directive 2014/66/EU into national legislation regulates employment of foreigners seconded to Slovenia for work or occupational training from associated companies. A uniform permit for persons relocated within a group of associated companies is introduced, whereas this applies only to persons which come from a company having a registered seat in a third country to a company having a registered seat within EU. The transposition measures also introduce the possibility of »short-term« and »long-term« relocation of said persons within associated persons in the EU. A foreigner will thus be able to acquire in Slovenia a first uniform permit for a person relocated within a group of companies. Where a person has already acquired a uniform permit in another EU member, such person will also be able to relocate to Slovenia. The relocation can be short-term or long-term. A short-term relocation is one up to 90 days of work within a 180-day period, whereas the employer from an associated company with its seat in another EU member shall only have to notify the competent authorities in Slovenia of such relocation beforehand. For a long-term relocation, longer than 90 days, the foreigner or his host in Slovenia must apply for a uniform permit for a person, relocated within a company, whereas the eligibility criteria for this such permit are similar to those for the first uniform permit.
The amended Employment, Self-employment and Work of Foreigners Act also presupposes a simplification of demands in the field of employment of certain categories of foreigners (e.g. athletes). The amendment also narrows the list of breaches that affect the potential possibility of extending the employment or work of foreigners. Another change lies in the fact that foreign employers supplying goods and services in Slovenia shall in the future have to keep certain documentation with respect to occupational health and safety (including translation of said documentation into Slovenian) at the place of performance of work. The amendment of the Foreigners Act also regulates anew (in line with EU legislation) the right to family reunion and status of persons with acknowledged subsidiary protection and victims of human trafficking, illegal employment and domestic violence.
As of 1 November, a new Agreement and accompanying Protocol regulating employment of citizens of Bosnia and Herzegovina is also in force. The new Agreement relaxes restrictions on employing citizens of Bosnia and Herzegovina in Slovenia, as it no longer requires that an individual be registered as unemployed with the Employment Agency in Bosnia and Herzegovina for at least 30 days, before such individual can gain employment in Slovenia. The requirement to first register with the competent public service authorities in Bosnia and Herzegovina remains in force. Furthermore, the Agreement makes it easier to employ previously selected and already known candidates with so-called »employment designated by name«. The Slovenian employer shall, in such case, only have to indicate on the respective form that he wishes to employ a specific candidate.
Another crucial change concerns the maintenance of employment permit in case of loss of employment due to extraordinary termination for reasons on the side of the employer within the first year of the permit. If a foreigner finds new employment for the same job with another employer in Slovenia within 30 days of termination of prior employment, his/her permit shall remain valid.
