Area: .nan
Competent authority: MJU, ZZZS
EZU URL: .nan
Initiative ID: 1189
Initiative accepted and completed: .nan
Initiative classified in EZU: .nan
Initiative forwarded in response: '2022-01-05'
Initiative published: '2022-01-05'
Initiative submitted: '2022-01-05'
Response from the competent authority: "Reply of the Health Insurance Institute of\
  \ SloveniaThe Law on Cross-Border Provision of Services (Official Journal of the\
  \ RS, No 10/17 and 119/21 - Z\u010CmIS), in the eighth paragraph 9. Article 8, paragraph\
  \ 8, provides that the posted worker acquires the property of an insured person\
  \ in accordance with the relevant insurance basis for workers temporarily performing\
  \ work in another Member State of the European Union in the context of cross-border\
  \ provision of services, as from the first day of posting indicated on the application\
  \ for the issue of the A1 certificate, whereby the ZZZS makes the change of the\
  \ insurance basis ex officio (example: change of the insurance basis from insurance\
  \ basis 001 to 002).In this case, on the basis of the issued A1 certificate, the\
  \ insurance is changed ex officio (programme arrangement) in the way that the previous\
  \ insurance is terminated by means of the M-2 form and at the same time the registration\
  \ for compulsory social insurance is arranged by means of the M-1 form with the\
  \ 002 insurance basis.At the end of the secondment of the worker, the employer is\
  \ still liable for deregistration and re-registration and the change is not made\
  \ ex officio. The Health Insurance Institute of Slovenia has no basis in law for\
  \ this, nor is it possible to predict in advance the situation at the end of the\
  \ secondment. At the end of the secondment, it is necessary to establish the status\
  \ of the insured person, i.e. to establish whether the employment contract is still\
  \ in force, why and how the secondment was terminated prematurely, etc., and, in\
  \ order to establish the existence of a legal relationship which forms the basis\
  \ for the insurance relationship, the employer is obliged to submit the following\
  \ information to the insurance authorities upon termination of the employee's secondment:\r\
  \n- When applying for compulsory social insurance (M-1) under insurance ground 001\
  \ (or other appropriate ground which implies inclusion in the insurance on the basis\
  \ of an employment relationship), after having also submitted the withdrawal from\
  \ compulsory social insurance (M-2) under insurance ground 002 (without interruption\
  \ in insurance)\r\n\u27A2 Initial employment contract valid even after the end of\
  \ the posting or new employment contract (for third-country nationals, other evidence)-\
  \ When the employer submits only a withdrawal from compulsory social insurance (M-2)\
  \ under insurance basis 002 and not also a new registration for compulsory social\
  \ insurance (M-1) under insurance basis 001 at the same time\r\n\u27A2 Proof of\
  \ termination of the employment relationship."
Text file: 1189.txt
Title: Automated reporting to insurance basis 01 from basis 02
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1189
