Posting of workers to Slovakia
The posting of workers shall be carried out in accordance with the Directives 96/71/EU, 2014/67/EU and 2018/957/EU, the purpose of which is to ensure fair labour mobility in the internal market. This legislation is intended to help workers, employers and national authorities understand the rules for posting workers – workers should be aware of their rights and national authorities and employers should apply these rules correctly and uniformly throughout the EU.
We speak of the posting of workers when the company is in one of the following situations:
- on the basis of a concluded trade agreement, the company will provide its services in another EU country, we talk about “posting on the basis of a contract for the provision of services”
- workers are posted to an establishment or undertaking owned by the same group in the territory of another Member State, we speak of “intra-group postings”
- it is a temporary employer or an intermediary agency which intends to hire a worker to a user undertaking in the territory of another Member State, we speak of a “temporary agency posting”
In each of the above cases, the posting can be carried out for a limited period of time and the worker must be in an employment relationship with the employer at all times.
Who may be a posted worker?
- An EU / EEA or Swiss national, or
- a third-country national who is legally resident and employed in the territory of the posting Member State.
If you are considering posting your employees to Slovakia, you will be a “host employer” in our territory, who must fulfill the notification obligation, ideally before the posting – the national contact point is the National Labour Inspectorate.
The company in which your employees will work as posted workers in Slovakia has a so-called “information obligation” towards the Office of Labor, Social Affairs and Family at the place of work of posted workers. This obligation includes the submission of the Information Card, Annex no.8 in case of EU / EEA or Swiss citizens, and the Information Card, Annex no.9 in case of third-country nationals. The information obligation must be fulfilled at the beginning of the posting and also after its termination, the deadline in both cases is 7 working days.
The Practical Guide on Posting or the Short Guide on the Posting of Workers will provide you with comprehensive information as well as with answers to employers’ most frequently asked questions about posting.