Employing foreigners without labor market control in Slovenia/EU

Employing foreigners without labor market control in SloveniaEU

Are you thinking about business setup in Slovenia? Do you plan to employ non-EU staff? Employing foreigners needs obtaining a work and residence permit for them before they can work for your company. Employing staff from outside of the EU mostly needs that you do the labor market control before being able to start the process for the non-EU citizens. What does it mean? Which of the professions do not need labor market control?

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Employing foreigners in your company – when does labor market control happen?

Labor market control is a process that checks if there is a suitable person for employment in the unemployment register of Slovenia. If there are no suitable Slovenian persons for this job, foreigners who meet the conditions of this job may be employed.
Labor market control is one of the bases for issuing work permits for employing foreigners.

For example, for obtaining EU blue card, your company would have to do the labor market control before employing foreigners. Do you know what other obligations you would have for the work permit acquisition?

New Order for professions in which employing foreigners is not linked to the labor market

Due to the situation, the Ministry of Labor, Family and Social Conditions assessed that they have to amend the Order on professions in which employing foreigners is not linked to the labor market. The Employment, Self-Employment and Work of Foreigners Act (ZZSDT) says that the minister responsible for labor may choose professions in which foreigners could be employed without the labor market control. He has to check if employing foreigners will not have a big effect on the labor market. Also he has to take into account the unemployment situation, the employment structure and the regional needs for job creation in certain industries.

On 31 December of the year 2020, the old Order expired. On 1 January of the year 2021, a new Order came into force. It will last until 30th June of the year 2021.

The order selects the professions where the consent of the Employment Service to a single permit for the purpose of employing foreigners is issued without fulfilling the condition from point 1 of the first paragraph of Article 17 ZZSDT. It means that they do not have to prove that there are no unemployed persons for the job.

This means that if your company wants to employ a foreigner for this profession in accordance with the Order on the Standard Classification of Professions 2008  labor market control is not necessary.

Deficient professions in Slovenia under this order

Labor market control starts by posting a PDM-KTD form at the Employment office of Slovenia. You do not have to submit this form for the 8 professions below before submitting the request for a work permit in Slovenia. These professions are:

  • Welders, etc. (code 7212);
  • Heavy truck and tractor driver (code 8332);
  • Toolmakers, etc. (code 7222);
  • Electricians (code 7411);
  • Carpenters, etc. (code 7115);
  • Cooks (code 5120);
  • Electromechanics (code 7412);
  • Masons, etc. (code 7112)

But the employer has to publish the vacancy or the type of work as it is written in the Article 25 of the Employment Relationships Act.

Employing foreigners in these professions has limitations!

In these professions, the employer may employ a maximum of 100 foreigners without the labor market control. This is valid for an individual calendar year.

If you want to do a larger number of employments of foreigners, the Employment Service may want additional proof from you. Your business has to show why they have the need for a bigger volume of foreign workers.

Do you need help with your business in Slovenia, EU? Contact DATA for support!

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