The rights and obligations arising from employment relationships in Slovenia are governed by the Employment Relationship Act and, in certain areas, by collective agreements which allow for a more favorable regulation of particular issues. Employment relationships are specifically regulated by employment contracts.
The regime for the entry and residence of foreigners in Slovenia is governed by the Aliens Act. The employment of foreigners is governed by the Employment and Work of Aliens Act, Rules on work permits, registration and deregistration of work, and the employment and work performed by aliens, the Decree laying down the work permit quota and other Slovenian legislation. The Employment Service of Slovenia is authorized to issue work permits, while residence permits are issued by the Ministry of the Interior.
Citizens of the EU, EEA (Norway, Lichtenstein and Iceland) and Switzerland do not require a work permit to work in Slovenia. Workers from those countries have a status equal to that of domestic workers when it comes to employment or searching for employment.
The only obligation employers have in connection with workers from those countries is that they have to register them with the Employment Service of Slovenia for record-keeping purposes.
The employer must perform the registration within ten days of the commencement of employment using the TUJ-5 form. EU citizens also do not require a residence permit; they must simply register their stay with the administrative unit.
An overview of the employment of foreigners other than those from EU and EEA countries and Switzerland in Slovenia is presented below.
The procedure for employing these workers is characterized by the need to fill in an application to obtain a work permit and an application to obtain a residence permit. As a rule, the application to obtain a work permit for a foreigner is filed by the employer intending to employ the foreigner (the exception to this being foreigners who meet the conditions for obtaining a personal work permit and file the application themselves). Only after receiving their work permit can a foreigner obtain a provisional residence permit (or a permit for permanent residence if the foreigner fulfils the conditions for this).
Citizens of certain countries require an entry visa (the list is published on the website of the Ministry of Foreign Affairs at: http://www.mzz.gov.si/
A visa is not required for foreigners who possess a valid Schengen visa or a residence permit of one of the EU member states, valid for at least 15 days after entering Slovenia.
The visas are issued by embassies of the Republic of Slovenia abroad or by a diplomatic mission or consular post of another Schengen state where representation in the visa procedure has been agreed.
Foreigners must submit visa application, together with a valid passport and documentation corroborating the purpose of their visit. The passport must be valid for at least three months longer than the visa.
Foreigners (except those from EU and EEA countries and Switzerland) can only obtain employment in Slovenia on the condition they possess a work permit. The law distinguishes the following types of work permits:
- a personal work permit (issued based on the foreigner s application for a period of one or three years or for an indefinite period);
- a permit for employment (issued based on the application of a domestic employer, as a rule, for a period of one year); and
- a work permit (issued based on the application of a domestic employer with a duration that depends on the purpose for which it is issued).