Area: Poslovni SOS
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 651
Initiative accepted and completed: '2015-09-23'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-09-01'
Initiative published: '2015-09-01'
Initiative submitted: '2015-08-31'
Response from the competent authority: "RESPONSE FROM THE MINISTRY OF LABOUR, FAMILY,\
  \ SOCIAL AFFAIRS AND EQUAL OPPORTUNITY: The application for an employment permit\
  \ (form TUJ-2, not TUJ-1) under the Employment and Labour of Aliens Act (Official\
  \ Gazette of the Republic of Slovenia No 26/2011 - ZZDT-1) is among the supporting\
  \ documents under 10. Point 10.2 requires \"a statement that the employer has made\
  \ a profit of at least two gross minimum wages in the last six months or that the\
  \ employer has invested in the last four months in the increase of tangible fixed\
  \ assets for the performance of the activity in the amount of more than 10.0 per\
  \ cent of the minimum wage.As of 1 September 2015, the ZZDT-1 ceased to be in force\
  \ and the Act on Employment, Self-employment and Labour of Foreigners (Official\
  \ Journal of the Republic of Slovenia, No 47/2015 - ZZSDT), which regulates the\
  \ subject matter in Article 17, entered into force. According to the new law, the\
  \ active activity of an employer who is not a sole proprietor registered to carry\
  \ out a business may be proved in one of three ways:- previous (prior to the submission\
  \ of the application) full-time employment of one person for at least six months\
  \ (and registration for social insurance on this basis);- income from the carrying\
  \ out of the business of at least 10.in the case of companies registered for less\
  \ than six months, with a previous (prior to the application) investment of at least\
  \ \u20AC50,000.The condition applicable to newly established companies has therefore\
  \ been slightly tightened by the new legislation. The reason for this is to curb\
  \ the massive phenomenon of setting up \"straw\" companies, with the sole purpose\
  \ of allowing foreigners, who otherwise have no other basis, to enter the Schengen\
  \ area.We believe that the condition in question is a problem for individual companies,\
  \ but it is a solution aimed at preventing the now systemic abuse of the institution\
  \ of employing foreigners. In any case, in the present case, we see no reason why\
  \ the foreign \"IT experts\" in question should not be granted an EU Blue Card,\
  \ since they are highly educated workers who, we assume, are also adequately paid,\
  \ and the procedure for issuing an EU Blue Card does not examine the condition of\
  \ the employer's active business activity (40. We would like to point out that both\
  \ the ZZDT-1 and the ZZSDT were drafted and coordinated in social dialogue and that\
  \ we have not received any comments from employers' representatives on the condition\
  \ in question."
Text file: 651.txt
Title: Conditions for obtaining a work permit for foreigners
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=651
