Area: Delovno pravno
Competent authority: MDDSZ, ZZZS
EZU URL: .nan
Initiative ID: 50
Initiative accepted and completed: '2012-10-29'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2012-09-24'
Initiative published: '2012-09-24'
Initiative submitted: '2012-09-24'
Response from the competent authority: Response of the Health Insurance Institute
  of Slovenia (ZZZS):In response to the comment "Difficult procedure for obtaining
  E 101 for workers posted abroad", I would like to inform you that the regulation
  stipulates the obligation of a 1-month prior period of insurance in Slovenia before
  a person can be posted to work in another EU Member State, I would like to clarify
  that the above-mentioned change in the regulations took place as of 1 May 2010,
  when two new European regulations came into force, namely Regulation (EC) No.883/2004
  and Regulation (EC) No.987.The Administrative Commission for the Coordination of
  Social Security Systems has adopted a specific decision No A2 which clearly stipulates
  this condition.Please find below a more detailed explanation:In accordance with
  Article 12(1) of Regulation (EC) No 883/2004 and Article 14(1) of Regulation (EC)
  No 983/2004, the Administrative Commission for the Coordination of Social Security
  Systems has adopted a specific decision No A2 which clearly stipulates this condition.
  987/2009, the person must already be subject to the legislation of the Member State
  in which his/her employer is established before the posting abroad can take place.To
  avoid confusion as to how much earlier this legislation must already be in force,
  the Administrative Commission has adopted Decision No A2, which regulates in more
  detail the field of posting abroad. The decision also stipulates, among other things,
  the requirement of a one-month prior period of insurance.When drafting the instructions
  for employers, the Institute has tried to be as flexible as possible, so that it
  is not necessary for a person to be employed by the Slovenian employer who will
  be sending him/her.For example, a person may be employed by employer A in Slovenia
  for 6 months prior to the posting, and then be employed by employer B, which can
  immediately send him/her to work in Germany.The employer may also be employed by
  the employer A in Slovenia for 6 months prior to the posting, and then take up a
  new job with the employer B. Or you may have been a student (insured for 1 year
  as a family member) and your employer immediately sends you to work in Belgium.
  Response from the Ministry of Health (MoH):The obligation to have one month of prior
  insurance in the Republic of Slovenia before being posted to work in another EU
  Member State is laid down in Regulation (EC) No 883/2004 and Regulation (EC) No
  987/2009 on the coordination of social security systems, which entered into force
  on 1 May 2010. In addition, the Administrative Commission for the Coordination of
  Social Security Systems is adopting a special decision No A2, which clearly lays
  down this condition. As we were informed by the Health Insurance Institute of Slovenia
  (Zavod za zdravstveno zavarovanje Slovenije), which implements the compulsory health
  insurance, they are trying to be as flexible as possible in their instructions to
  employers, so that it is not actually necessary for a person to have been employed
  by the Slovenian employer who will be posting them abroad for one month prior to
  the posting. The petitioner is advised to contact the Health Insurance Institute
  of Slovenia for further clarification on the inclusion in the health insurance of
  workers posted abroad.
Text file: 50.txt
Title: Obtaining the E101 form
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=50
