Informative Notice
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Permit for the implementation of activities
An employer who has obtained the permit for the provision of work and is entered in the register can perform the activity for the citizens of the Republic of Slovenia and foreigners who have personal work permits or the right to free access to the Slovenian labour market.
A legal or natural person with head office on the territory of the Republic of Slovenia who wants to perform the activity, lodges and application for the issue of the permit and for the entry in the register at the ministry competent for labour, the latter decides on the application according to the rules on general administrative procedure. The application must contain the evidence on fulfilling the conditions that cannot be obtained ex officio.
The entry in the register is performed on the day when the decision issued by the ministry competent for labour becomes final. The ministry competent for labour issues a confirmation on the entry in the register to the employer for the provision of work. The contractor can start performing the activity on the date of entry in the register.
The register contains the following data on the employer for the provision of work:
- registration number;
- company name and head office;
- data on business authority, representation and scope of authorisations;
- the number of decision on the entry in the register;
- address where the activity is performed.
Conditions
These terms apply to activity Provision of work to the user
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Professional workers for the provision of work to the user are employed with the providers of work to the user. An employer for the provision of work pursues the activity of providing the work to users, if he has signed at least a part-time employment agreement with a professional worker for the provision of work to the user.
An employer for the provision of work signs an employment agreement with at least one person per two locations of the implementation of activity and provides that at least one professional person is available during the office hours at every such location.
Exceptionally, an employer for the provision of work pursues the activity without a professional person for a maximum of 60 days, if he employed professional person whose employment relationship has expired and employs a person who lacks the professional examination to fulfil the conditions for the professional worker for the provision of work to the user.
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The employer shall have administrative-technical personnel that carries out auxiliary tasks and shall not independently pursue the activity.
Legal basis
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The employer for providing work shall have appropriate work and auxiliary facilities and suitable office and technical equipment at every location of activity enabling the record-keeping and an insight into its business operations to competent persons.
The work premises of an individual employer for providing work are a separate room that enables the protection of personal data of workers.
The employer for providing work shall provide the posted workers and candidates the premises enabling them proper waiting and sanitary facilities.
The certificate on the entry of the employer for providing work in the register shall be placed at the visible spot in the business premises.
Evidence
- Copy of the lease agreement (if the premises where the activity will be pursued are leased)
- Extract from the land register (in the case of ownership of the premises where the activity will be pursued)
- Floor plan sketch of the premises where the activity will be pursued
- The list and description of technical equipment for the implementation of activities
Legal basis
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The employer was not imposed with the fine in the last two years regarding the violation of regulations governing the employment relationships, employment and work of aliens, safety and health at work, undeclared work and employment and labour market.
Legal basis
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The employer had not unsettled outstanding liabilities referring to the payment for work in the period of last two years.
In the period of the last two years, the employer was also not placed on the list of taxpayers with unsettled outstanding tax liabilities or on the list of persons not submitting the settlement forms issued by the Tax Administration of the Republic of Slovenia and the Customs Administration of the Republic of Slovenia and has no unsettled outstanding liabilities on the day of the filing of application.
Legal basis
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The employer shall have the activity of brokerage of temporary workforce registered as its main activity.
Legal basis
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The employer shall submit a bank guarantee in the minimum amount of 30,000.00 EUR.
The applicant of bank guarantee is the employer who filed an application to acquire the permit and entry in the register. The beneficiary of bank guarantee is the ministry responsible for labour. The draft bank guarantee may be used to assist the employers.
The maturity date of the bank guarantee is after the expiry of three years from the date of issue. The applicant of bank guarantee submits new bank guarantee no later than on the maturity date of the previous bank guarantee.
The proposal to realise bank guarantee is submitted to the beneficiary by the trade union, works council, representative of workers or worker. The bank guarantee is realised to the benefit of the beneficiary, if it is established on the basis of the claim with the final decision of the Labour Inspectorate of the Republic of Slovenia that the applicant has unsettled outstanding liabilities referring to the payment for work, namely for the period of the last two months.
After receiving the final decision of the Labour Inspectorate of the Republic of Slovenia on the fulfilled conditions for the realisation of the bank guarantee, the beneficiary requests from the applicant to settle the unsettled outstanding liabilities referring to the payment for work within eight days.
If the applicant fails of settle the outstanding liabilities referring to the payment for work, the beneficiary submits a request for the realisation of the bank guarantee with the bank which is the guarantor. The bank guarantee is not realised, if the applicant succeeds in settling unsettled outstanding liabilities referring to the payment for work and notifies the beneficiary about it.
The ministry, responsible for labour, started to realise bank guarantees on 1 January 2015.
Evidence
- Bank guarantee in the amount of EUR 30,000
Legal basis
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Upon the request of the ministry responsible for labour, the employer for providing work reports on his work and constantly reports all changes regarding the fulfilment of personnel, organisational, spatial and other conditions that may affect the implementation of the activity.
In deadlines determined by the minister responsible for labour, the employer for providing of work submits to the ministry responsible for labour the report of the independent auditor which shows if in the past financial year in pursuing his activity he operated as per the provisions of the act governing the employment relationship and which relate to the employment agreement between the employer and employee who pursues the activity of providing work of workers to the user and which also refer to the agreement between the user and the employer for providing work, and if he timely eliminated the established irregularities.
The employer for providing work submits the statistical report within 20 days at the request of the minister responsible for labour.
The employer for providing work submits the report of the independent auditor every year no later than 31 May of the current year for the previous year or in the case of the first report of the independent auditor for the period from the acquisition of the permit to 31 December of the previous year.
Legal basis
Procedures
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Permit for the implementation of activities
Personal
Attachments
- Copy of the employment contract with the professional
- Copy of diploma of the professional
- Description of work experience of the professional
- Copy of the certificate of passing professional examination by the professional
- Copy of the lease agreement (if the premises where the activity will be pursued are leased)
- Extract from the land register (in the case of ownership of the premises where the activity will be pursued)
- Floor plan sketch of the premises where the activity will be pursued
- List and description of technical equipment for the pursuit of the activity
- Bank guarantee in the amount of EUR 30,000
- Statement under criminal and material responsibility that all the information in the application is true
Procedure costs
Costs of application: 90.61 €
Costs for the issue of decision: 90.61 €