Posting of workers abroad
The purpose of posting workers abroad is to strengthen business operations, provide assistance in bridging gaps on the labour market and improve the socio-economic position of workers and their families. The concept of posting reflects tensions between social and economic interests within the European Union (EU).
Provision of cross-border services from or to other EU member states
Workers may be posted abroad if they themselves wish to be posted or if they are posted abroad by their employer. They may only perform work abroad if they meet one of the following three conditions:
- workers are posted to the territory of any Member State for the account and under the direction of the employer pursuant to a contract concluded between the undertaking that posts the worker and the recipient of the service;
- workers are posted to an organisation or undertaking owned by the group on the territory of an EU Member State pursuant to a posting instrument;
- an undertaking or an agency that pursues the activity of hiring out workers to a user sends a worker to an undertaking established in a Member State.
Foreign service providers based in other EU member states can provide transnational services in the Republic of Slovenia with their posted workers under the conditions specified in the Transnational Provision od Services Act.
Transnational Provision of Services from or to the third countries
Pursuant to the provisions of the Employment Relationships Act, a Slovenian worker may also be posted to a third countries under the conditions and using the procedures set out in the national legislation of the country to which they are being posted.
If the Republic of Slovenia has concluded an agreement with the third country to which the worker is posted in the field of social insurance regulation, the worker may maintain inclusion in the social insurance system of the Republic of Slovenia during his posting to the third country.
Foreign service providers with headquarters in other EU member states can provide transnational services in the Republic of Slovenia with their posted workers under the conditions specified in Transnational Provision of Services Act.
If the countries have not concluded an international agreement on the regulation of social insurance, the posted worker must maintain inclusion in the social insurance system in the Republic of Slovenia, as well as ensure inclusion in the social insurance system of the country in which he actually performs work, namely according to the "lex loci laboris" principle.
National Labor law status of the posted worker
Posted workers are persons employed by an employer based in the Republic of Slovenia, sent to work or for professional development while working abroad.
During their deployment abroad, the employer must provide them with all the rights and benefits as derived from the Employment Relations Act, and for the duration of their work abroad, arrange labor law documentation for the deployed worker in an appropriate manner.
Foreign service providers who provide transnational services in the Republic of Slovenia with their posted workers must provide them with all the rights and labor law conditions as stipulated in the Employment Relations Act, especially with regard to and for the time of working abroad and arranging labor law documentation in an appropriate manner for a posted worker.