Proposal for the Act on the Amendments and Supplements to the Act on Employment, Self-employment and Work of Foreigners

The Government of Slovenia has put out a Proposal for the Act on the Amendments and Supplements to the Act on Employment, Self-employment and Work of Foreigners, which, in accordance with Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, provides for a number of changes concerning the employment of foreigners in Slovenia. In January 2024, the Proposal, together with the Act on Amendments and Supplements to the Act on Foreigners, was sent to the National Assembly, which will, hopefully, review it and vote on it soon.

The purpose of the Directive, which is also pursued by the Slovenian legislator, is to strengthen and encourage the EU Blue Card system and to attract (highly qualified) workers from third countries.

If this Proposal were to enter into force, the following changes would come into effect:

• Under current law, to get a highly qualified job, you must have an employment contract for at least one year. The Proposal reduces the mandatory length of the employment contract to at least six months;
• Under current law, to qualify for a highly qualified job, you must be qualified to practice a regulated profession, while for unregulated professions you must have a high level of professional qualifications. A new feature is foreseen for information and communication technology professions, for which a foreigner will be able to obtain an EU Blue Card even if he or she has no formal education but is highly qualified. Such a foreigner will only be able to work as an ICT manager or as an ICT expert. The foreigner will have to demonstrate his/her high level of professional competence by at least 3 years of relevant work experience in the last 7 years, whichmust be comparable to higher education qualifications;
• Under current law, the salary for a foreigner in a highly qualified job must be 1.5 times the average gross monthly salary in Slovenia. The amended salary for foreigners lowers the salary level – the salary will only have to be the average monthly gross salary (last published in the Official Journal of the Republic of Slovenia (so called Uradni list RS));
• After one year of highly qualified employment, EU Blue Card holders will be allowed to pursue a professional or self-employed activity as a complementary activity;
• Foreigners who have stayed for one year in the first EU country on the basis of a Blue Card will have the right to enter, stay and work in another EU country for the purpose of employment on the basis of an EU Blue Card, which they will obtain in another EU country under a simplified and faster procedure;
• The Proposal redefines the conditions under which consent to an EU Blue Card will be withdrawn from foreigners;
• Among the conditions for granting consent to a single residence and work permit, the Proposal introduces 2 new conditions, namely 1) that the employer has not announced any redundancies in the last 6 months and 2) that the employer has not made any redundancies for »business reasons« in the last 6 months. The reason for the addition of the conditions lies in the practice of some employers who lay off workers for only a few months and then rehire them;
• Under current legislation, seasonal work is only for agricultural and forestry activities. However, due to the shortage of adequate staff, especially during the summer and winter months, seasonal work would also be introduced in tourism and catering industry under the same conditions as in agriculture and forestry;
• Under the Proposal, foreigners will be given the possibility, in all cases where they extend the validity of their residence permit or change the purpose of their stay in a subsequent residence permit, and reside in Slovenia on the basis of a certificate of a timely lodged application for residence, to continue working under the conditions and to the extent permitted by their previous permit, pending a final decision by the competent authority on their application;
• The Proposal provides for a register of employers who have been sanctioned for an offence under labour law. The above-mentioned records, published on the website of the Employment Service, should allow foreigners who have consent to be employed, self-employed or work, and foreigners who have free access to the Slovenian labour market, as well as all other workers (Slovenian, EU workers), to be informed about the offenders;
• Foreign employers engaged in international transport will be required to make an electronic registration at the Employment Service office/website before starting to provide the service, in which they will have to provide basic information (name of the employer, name and surname of the employee-driver, transport route, etc.). The Proposal also provides for a register to be kept by the Employment Service and for sanctions for breach of the obligation to register (fines of 3,000 € to 30,000 €);
• The Proposal provides for the harmonisation of the designation of education with the Slovenian Qualifications Framework (“SOK”), which you can read more about at https://www.gov.si/teme/stopnje-in-ravni-visokosolske-izobrazbe/ .

Sibiz welcomes the Proposal for the Act on the Amendments and Supplements to the Act on Employment, Self-employment and Work of Foreigners, as the amendments will speed up certain administrative procedures, ensure greater control over employers who exploit foreign workers, encourage highly qualified people to move and work in Slovenia, and harmonise domestic regulations with European Union legislation.