we are a company that carries out engineering assignments in all European countries and so we recruit workers (usually from the institution) on a temporary basis for a project (1,2,3 to max 6 months) depending on the needs.
So far there has been no problem with obtaining the E101 as we have been able to obtain it as soon as the worker is employed or self-employed and the worker is hired and sent to work immediately. However, from 1.5.2010 onwards, the worker must first be employed (self-employed) for at least 1 month at home (covered by the insurance)???. We cannot understand that e.g. a worker from an institution, whom we employ and sometimes we even know his/her expertise, cannot be sent to work immediately, because we have to wait 1 month to get the E101 and during this time we have to find a job for him/her in the SLO, where he/she is not.
Therefore, I suggest the Government to change the instruction that e.g. the minimum period of employment must be 1 month and this is a condition for the E101.
 
 
 
 
 
INSTRUCTIONS ON HOW TO CARRY OUT A POSTING
TO EU MEMBER STATES
 
 
As of 1.5.2010, the social security rules in force in the Member States of the European Union[1] will be replaced by new Regulations, namely Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009.
Thus, workers posted abroad will be issued with the relevant document when the conditions set out below are met:
- the duration of the secondment does not exceed 24 months,
- the total duration of all postings does not exceed 5 years (exceptional arrangement),
- it is not a replacement of another person who has already been posted and whose posting has expired.
 
EMPLOYED PERSON:
- the seconded person has been insured in the Republic of Slovenia for at least 1 month prior to the secondment abroad,
- there is an employment contract for work abroad or an annex to an existing employment contract, in accordance with Article 212 of the Labour Relations Act (Official Gazette of the Republic of Slovenia, No 42/02, 46/07, 103/07, 45/08 and 83/09),
- that it is a paid employment,
- that the employment relationship exists for the entire period of the posting abroad.
[1] The EU Member States are Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, the United Kingdom and Northern Ireland.