SLOVENIA Law and Practice Contributed by: Jernej Jeraj and Katja Triller Vrtovec, PFP Law
4. Foreign Workers 4.1 Limitations on Foreign Workers
are not regulated by Slovenian employment law and do not directly impose any obligations on the employ - ees, such clauses cannot prevent an individual from accepting employment with a company that has agreed on such a clause with the employee’s former employer. It is questionable whether the customer bound by such a clause could refuse to employ the employee if they were the most suitable candidate for an open position. 3. Data Privacy 3.1 Data Privacy Law and Employment The General Data Protection Regulation (GDPR) applies in the employment sphere. In addition, the national Personal Data Protection Act ( Zakon o var- stvu osebnih podatkov , OJ no 163/22 – “ZVOP-2”) regulates video surveillance of official, work or busi - ness premises and within workspaces. Operators of video surveillance systems in the public and private sectors may conduct video surveillance of access to official, work or business premises if it is necessary for the safety of people or property, to ensure control of entry into or exit from these prem - ises, or if the nature of the work poses a potential risk to employees. Before introducing video surveillance in a public or private sector entity, the employer must consult with the representative trade unions and the works council or employee representative. The implementation of video surveillance within work - spaces may only be conducted when it is necessary for the safety of people or property, for the prevention or detection of violations in the area of gambling, or the protection of classified information or trade secrets, and when these purposes cannot be achieved by less intrusive means. It is prohibited to record worksta - tions where an employee usually works, except when it is necessary in the circumstances mentioned above. Direct monitoring of camera footage is permitted only if it is carried out by expressly authorised personnel of the operator. In all instances, employees must be notified in writ - ing in advance of the implementation of video surveil - lance.
If foreign workers want to work in Slovenia, they require a work permit and employment authorisation. Foreign workers are citizens of third countries – ie, countries that are not members of the European Union or Euro - pean Economic Area. Conditions for the employment, self-employment and work of foreigners, and related tasks by the authorities for regulating and protecting the labour market, are regulated in the Employment, Self-Employment and Work of Foreigners Act ( Zakon o zaposlovanju, samozaposlovanju in delu tujcev , OJ no 47/15 et seq – “ZZSDT”). Usual conditions relate to: • passing a labour market test to determine if suit - able candidates registered as unemployed at the Employment Service of Slovenia (hereinafter: ESS) are available; • having a clean criminal record; • demonstrating sufficient means of subsistence for their stay in Slovenia; and • employer has not dismissed workers for business reasons in the past six months (from July 2025 onwards). Foreign workers can apply for the following permits and authorisations: a single permit (a combined residency and work per - mit) for employment, with subtypes including an EU Blue Card, an EU ICT permit and a single permit for seconded workers and daily migrant workers; • work permits under the various bilateral agree - ments (eg, with Bosnia and Herzegovina or Serbia); • posted worker notification from another EU mem - ber state; • short-term work notification (a visa may be required for entry); • short-term legal representative work notification (a visa may be required for entry); • a business visit permit (no permit or notification is required if conditions are met, although a visa may be necessary for entry); and • various other types of visas (eg for seasonal work in areas of tourism, hospitality, agriculture and forestry).
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