Slovenia: New Employment Legislation Brings Simplifications For Foreigners

The recently adopted ZZSDT, which enters into force on 1 September 2015, sets out new conditions for the employment, self-employment and work of foreigners and indirectly transposes the relevant EU Directive into national legislation. The so-called "one-stop shop" principle, which has so far been established only with regard to highly qualified occupations (EU Blue Card), is now available for all third-country job seekers in Slovenia.

The purpose of the redefined conditions is to protect foreign workers against abuses of the law that have been repeatedly identified in the past. In order to prevent such violations, employers in breach will also be subject to costlier penalties.

New legal background for foreigners working in Slovenia

Adopted in June 2015, the new Employment, Self-Employment and Work of Foreigners Act (Zakon o zaposlovanju, samozaposlovanju in delu tujcev; "ZZSDT") aims at harmonizing local legislation with EU acquis in the field of employment and work of non-EU citizens (i.e. foreigners respectively third-country nationals). The ZZSDT was primarily adopted in order to align with the provisions of the Foreigners Act (Zakon o tujcih; "FA"), which transposed the provisions of the Directive 2011/98/EU ("Directive"). Following the provisions of the Directive, a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State was also set in the Slovenian legal system in 2011. The Directive tends to reconcile national laws in the field of residence of foreigners in Member States and establish a common set of rights for such third-country nationals legally residing in a Member State.

Other changes brought about by the new legislation framework inter alia address abuse prevention, protection of the rights of foreigners who are employed or work at Slovenian employers, reduction of administrative barriers, and higher penalties for breaches.

Key changes

The implementation of the "one-stop shop" principle for foreign workers is one of the major legal novelties that have been introduced by the newly adopted legislation. Under the pre-existing legal system, foreigners who wanted to work in Slovenia had to apply for both a residence and a work permit, separately, at two different authorities. The FA and ZZSDT now simplify permitting procedures by introducing a single permit application procedure for third-country nationals, which encompasses both the resident and the work permit. The requirement for foreigners needing double permits has thus become redundant with the introduction of the single permit system. The establishment of a single permit concept not only simplifies the application procedure, but also speeds up the entire process. Applicants (foreigners or employers) shall no longer be required to wait for the issuance of the work permit in order to apply for the residency permit. From now on, the employment and residency aspects will be decided simultaneously. Such procedure also allows applicants to request for the necessary permits at one place, through the one respective administrative unit.

However, seasonal work permits for up to three months are exempted from the single permit procedure, as foreigners - citizens of third countries - shall no longer be required to obtain residency permits for seasonal work. These workers can now reside in Slovenia on the mere basis of the seasonal work permit, which will be issued by the Slovenian Employment Office (Zavod za zaposlovanje).

In addition to the implementation of a single permit application procedure, further important legislative amendments have been enacted. Some of these comprise:

  • The general provision of only full-time employment being permitted in case of employing a foreigner;
  • The verification that the employer is not subject to any insolvency proceeding or respectively has settled all tax liabilities represents a new and additional condition that must be fulfilled in order to be able to employ a foreigner;
  • An entirely new regime for self-employment of foreigners (the preliminary procedure to obtain a personal work permit has been struck);
  • Unlike under the previously applicable set of rules, the employer will no longer be obliged to notify the Employment Office of a job vacancy, which formerly represented a prerequisite to obtaining the work permit.

Stricter penalties

The ZZSDT provides for significantly higher pecuniary penalties for violators: employers now face penalties between EUR 3,000 and EUR 30,000 (in some cases even up to EUR 75,000) for non-compliance with the provisions under the new act. The height of the penalty will be imposed depending on the type and severity of the offense committed.

The most serious infringements may also result in the prohibition of employment, self-employment and work of foreigners. In addition to the violations of ZZSDT's provisions, such sanction also applies to breaches under the Slovenian Employment Relationship Act (Zakon o delovnih razmerjih) and the Prevention of Undeclared Work and Employment Act (Zakon o preprečevanju dela in zaposlovanja na črno). However, in comparison to the previously applicable criminal provisions in this field, the length of the duration of the prohibition is shortened from one / three years to a maximum of one respectively two years.

Facilitation of application procedures does not mean employers are less liable

With the introduction of ZZSDT, the process of employing foreigners has been substantially simplified through the elimination of unnecessary administrative barriers. However, the aim of preventing abuses of legislation regarding the employment of foreigners has resulted in the implementation of stricter measures. The newly prescribed conditions for the employment of foreigners that have to be met by employers (and foreigners) are one of the actions to pursue that goal. Employers should therefore be even more careful in the course of employing third-country nationals and must abide by the law to avoid stricter penalties.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions