On the 1st of September 2015 The Law on Employment, Self-Employment and Work for foreigners came into effect. The Law introduces a single work and residence permit for foreigners. A single work and residence permit is replacing the two previously separated permits: work permit and residence permit.
The current legislation also brings changes regarding the conditions of employment foreigners; for those who are the company representatives, or those who are being employed based on the control of labor market by the Slovenian employer.
New requirements for obtaining a single work and residence permit for a company representative:
When the Employment Office of Slovenia gives the consent for employment, the Administrative unit can start the procedure of issuing a single work and residence permit for foreigners to be able to live and work in Slovenia.
Requirements for issuing a single work and residence permit in Slovenia
To obtain a single work and residence permit the employer has to prove that the company operates actively, which means either:
- That company employs at least one person for the period of six months for full-working time, at the same time employee have to be included into compulsory social and insurance funds or
- As a prove that company operates actively also counts the fact that company show revenues, on its bank account opened in Republic of Slovenia, in the amount of at least 10.000 euros for each month for last six months and
- The employer have to, for the incomes from employment for last 6 months, before applying for single permit or in time of doing business actively, if it is shorther than 6 months, show that he has payed all of the obligations in relation to employee or show payslips, if the employer have employees, and at the same time, on the day of application of documents for single work and residence permit, company should not have any tax outsandings.
*In case that employer whose company has been registered for less than 6 month, before applying for single work and residence permit, invests into fixed assets 50.000 euros, consequently company shows that it operates actively and requirements written above also count to be fullfiled and it is enough that company/foreigner, where foreigner will work, applyies for his single work and residence permit.
Application for short-term employment of the representative
Foreigner who is in accordance with Slovenian legislation stated as a reperesentative of entity/company, can operate in company on the basis of application for representative.
Foreigner – representative of entity– is obliged to report beginning of work to the Employment Service prior to start of employment and on the basis of confirmation of application, foreigner can work up to 90 days in calendar year.
Slovenian employer who will be employing citizens who are not coming from EU Member States, EEA or Switzerland, for certain function in company, needs to fullfil following requirements:
- prove that in the evidence of unemployed persons there are no relevant unemployed persons in Slovenia for particular function in company
- that company is not subject of liquidation or bankrupcy
- that company operates actively, which means:
*That for the period of six months before applying for single work and residence perimit, there is one employed person for full working time and at the same time, included in social and insurance funds or
- show that company have revenue, because of its services, on its bank account opened in Republic of Slovenia, in the amount at least 10.000 euros for each month for last six month
- employer needs to prove that he has payed for the incomes arriving from employment, and tax withdraws, for last six month before applying for single work and residence permit, or show payslips, if the employer have employes, and on day of application of documents for single permit, company does not have any tax outsandings.
* In case that employer whose company has been registrered for less than 6 months, before applying for single permit, invests in fixed assets amount of 50.000 EUR, requirements written above also count to be fullfiled and company/foreigner where foreigner will work can apply for his single work and residence permit. At the same employer needs to prove that in the evidence of unemployed persons there are no relevant unemployed persons in Slovenia for particular fucntion in company and that company is not subject of liquidation or bankrupcy.
Employment of persons with higher education and single work and residence permit
Employers, who require high-profile education for filling a certain job position in the company, do not need to prove active business conduct and also do not need to make an investment into fixed assets in the amount of at least 50.000 euros to obtain a single work and residence permit. The only requirement left is the confirmation from the Employment Office of Slovenia that there are no suitable candidates for such a job vacancy in the registry of unemployed persons in Slovenia and then the foreigner and apply for single work and residence permit.
EU Blue Card
In case that Slovenian employer (Slovenian company) is willing to employ third country national with higher education and consequently obtain EU Blue Card for this person, for the company there is no need to show that it operates actively and company does not need to invest in fixed assets in amount of 50.000 EUR to obtain a single work and residence permit, but it has to meet following requirements:
- get the confirmation from Employment Service of Republic of Slovenia, that there is no suitable candidates for certain work on the list of unemployed persons in Slovenia
- sign employment contract with foriegner for at least one year, where he assures to pay salary, which would be at least 1,5 time of the average gross salary prescribed by the Republic of Slovenia – it is calculated on the basis of average monthly gross wage in Slovenia, published in the Official Gazette of the Republic of Slovenia
*By having EU Blue Card third country national has the right to emediate reunification of family and does not have to meet the requirement of one year being a resident in Republic of Slovenia so that he can apply for family reunification.
For more information regarding a single work and residence permit for foreigners and other forms of employment and provision of work and services in the Republic of Slovenia, contact us via e-mail firstname.lastname@example.org or call us on +386(0) 1 6001 530.