Background information

The Employment, Self-Employment and Work of Foreigners Act (Zakon o zaposlovanju, samozaposlovanju in delu tujcev, ZZSDT) requires a labour market test for the employment of third-country nationals (TCN). Once a TCN interested in working in Slovenia finds an employer, the employee or the employer applies for the single permit at the administrative unit or the Slovenian embassy. The administrative unit then obtains the consent of the Employment Service. In order to issue the permit, the Employment Service conducts a labour market test to determine whether there is a suitable Slovenian applicant for the position. If there is no suitable Slovenian candidate, the application is approved. On the basis of the consent, the administrative unit issues an information document listing all the conditions and elements of the employment or work specified in the consent. While working, the foreign worker must always have this document on him/her in case of inspection. However, the government has exempted some of the most understaffed occupations from the labour market test.

Content of measure

In order to help companies in the event of labour shortages, the Minister of Labour - on the basis of consultations with the social partners in the Economic and Social Council - issued a Decree on the definition of professions in which the employment of foreigners is not tied to the labour market (Odredba o določitvi poklicev, v katerih zaposlitev tujca ni vezana na trg dela). The Decree facilitates the employment of workers in shortage occupations by exempting them from the labour market test. The Employment Service thus gives its consent without checking the register of unemployed persons. The decree, which must be renewed every six months, now covers a long list of professions: welders, drivers, toolmakers, electricians, carpenters, cooks, electromechanics, bricklayers, plumbers of water and gas appliances, foundry workers, lathe operators, butchers, nurses, doctors, healthcare professionals, healthcare assistants and medical specialists, software developers and analysts, pharmacists. The decree was last amended in December 2024. It is worth adding that the shortage of health and social workers prompted the legislator to exempt employment in public health and social services from the restrictions of the labour market test in the Employment, Self-Employment and Work of Foreigners Act (amended in 2023).

Use of measure

Twice a year, the Employment Outlook surveys employers to identify labour shortages. In December 2024, employers reported a need for the following occupations (percentages represent the proportion of reported vacancies relative to the number of people employed):

• Bus drivers (18.6%),
• Home health and social care workers (17.6%),
• Carpenters (16.6%), - electrical installers (15.7%),
• Drivers of cars, taxis and light vans (13.0%), - institutional care workers (12.5%), - waiters (12.5%),
• Welders (11.2%),
• Construction workers (10.8%),
• Plumbers and gas fitters (10.3%).

Target groups

Workers	Businesses	Citizens
Migrants or refugees in employment	Does not apply to businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government Social partners jointly	National funds

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Consulted	Consulted
Form	Consultation through tripartite or bipartite social dialogue bodies	Consultation through tripartite or bipartite social dialogue bodies

Social partners' role in the implementation, monitoring and assessment phase:

• Social partners jointly
• Main level of involvement: Peak or cross-sectoral level

Involvement

In the Economic and Social Council, the tripartite body, the social partners regularly discuss all legislation in the economic and social field. Labour migration and labour shortages are often on the negotiating table.

Views and reactions

Given the pressure from employers' organisations to facilitate access to the labour market for migrant workers, the liberalisation of access to the labour market will continue in 2025. For example, the draft Employment, Self-Employment and Work of Foreigners Act provides for the extension of seasonal work for tourism and hospitality. At present, the employment of third-country nationals for seasonal work is only allowed in agriculture and forestry.

Sectors and occupations

This case is not sector-specific.

Sources

• 30 June 2015: The Employment, Self-Employment and Work of Foreigners Act (Zakon o zaposlovanju, samozaposlovanju in delu tujcev, ZZSDT) (pisrs.si)
• 01 December 2024: Employment Service, Employment Outlook 2024/II (Napovednik zaposlovanja 2024/II) (www.ess.gov.si)
• 27 December 2024: Decree on the definition of professions in which the employment of foreigners is not tied to the labour market (Odredba o določitvi poklicev, v katerih zaposlitev tujca ni vezana na trg dela) (pisrs.si)