Posting of workers abroad

Cross-border provision of services to or from other EU Member States

Workers are posted to work in another EU Member State when they are sent abroad by their employer. A cross-border service through a posted worker may only be provided if one of the following three conditions is met:

• Workers are posted to the territory of a Member State on account of and under the direction of an employer pursuant to a contract concluded between the undertaking making the posting and the contracting party for whom the services are intended;
• Workers are posted to an establishment or undertaking owned by the group in the territory of an EU Member State pursuant to an act of posting;
• An employment undertaking or placement agency hires out a worker to a user undertaking (hereinafter: client) established in the territory of an EU Member State.

Foreign service providers established in other EU Member States may provide cross-border services in Slovenia through their posted workers under the conditions laid down in the Transnational Provision of Services Act. An employer from the EU, the EEA or the Swiss Confederation must register with the Employment Service of Slovenia (in Slovenian) before starting to provide services.

In addition to the registration certificate, foreign employers must ensure that the following supporting documents are kept at the place where the service is provided:

• a copy of the contract between the client and the foreign employer, or an equivalent document in the event of a posting to an affiliated company,
• copies of employment contracts;
• copies of pay slips,
• proof of salaries paid out,
• working time registration records,
• a valid A1 certificate.

Transnational provision of services in international transport

In accordance with Directive 2020/1057, drivers in international transport who are employed in another EU Member State, the EEA or the Swiss Confederation are considered posted workers in Slovenia if they carry out cabotage or non-bilateral international transport operations on its territory. During this period, the employer is obliged to grant them the labour rights laid down in Directive 96/71/EC in accordance with the regulations and sectoral collective agreements in force in Slovenia.

A foreign employer providing transnational services in international transport operations must complete or update the posting declaration using a standard multilingual form on the public interface linked to the Internal Market Information System (IMI) and provide it to the driver before the start of the service. In addition to the above declaration, the driver must carry with him an electronic consignment note (e-CRM) or a consignment note (CRM) and tachograph records bearing the country symbols of the EU Member States in which the driver has carried out international transport or cabotage operations, as well as the A1 certificate. A posted driver performs transnational work in Slovenia on the basis of regulated residence in accordance with the Act governing the residence and work of foreign nationals. The obligation to complete or update the posting declaration using a multilingual form also applies to a foreign self-employed person. A foreign driver engaged in bilateral or transit transport operations in Slovenia is not required to submit a declaration. 

Transnational provision of services to or from third countries

In accordance with the provisions of the Employment Relationships Act, Slovenian workers may also be posted to third countries under the conditions and procedures laid down by the national legislation of the country to which they are posted.

If Slovenia has concluded an agreement on the coordination of social security systems with the third country to which the worker is posted, the worker may remain covered by the social security scheme of the Republic of Slovenia for the duration of their posting to the third country.

If the countries have not concluded an international agreement on social security, the posted workers must remain covered by the social security system of the Republic of Slovenia and must ensure that they are covered by the social security system of the country in which they actually perform work, namely in accordance with the principle of lex loci laboris.

Legal status of the posted worker

A posted worker is a person in an employment relationship with an employer established in the Republic of Slovenia and who is sent abroad for the purpose of work or further professional training. During the period of posting abroad, the employer is obliged to ensure that the posted worker is granted all the rights and benefits under the Employment Relationships Act. During this period, the employer must also provide the posted worker with labour documentation in an appropriate manner.

Foreign service providers providing transnational services through their posted workers in the Republic of Slovenia must guarantee them all the rights and conditions of employment as laid down in the Employment Relationships Act and in collective agreements at the activity level, and must regulate the labour documentation for posted workers in an appropriate manner.