As a general rule, the work permit is issued upon the application of the employer as a permit for employment and work permit, respectively, and allows aliens the work and employment, respectively, only with specifically designated employers - applicants.
In special events provided for by the law, aliens may apply autonomously for work permits and obtain personal work permits which enable aliens, in the period of their duration, a free choice of employment and work, respectively.
Individual types of work permits are the following:
- Personal work permit,
- Employment authorization,
- Authorization to work.
Specific conditions applying to the citizens of the EU Member States:
The Treaty establishing the European Community and the Regulation 1612/68/EEC lay down the freedom of movement of workers within the Community. The citizens of the EU are deemed equal under the European legislation to national workers and employment seekers, respectively, when employing and seeking employment. The Treaty of Accession concluded between the 15 existing EU Member States and the 8 new countries (Cyprus and Malta are exceptions) and signed in April 2003 in the area of free movement of persons lays down a 7-year transitional period in which the existing Member States will be able to protect their labour market by means of national measures. In its negotiating position, the Republic of Slovenia asserted the principle of reciprocity. This means that, during the transitional period, the Republic of Slovenia may enforce equal counter measures against any existing Member State enforcing national measures concerning the movement of workers.
In accordance with the Treaty of Accession and enforcement of transitional period, the principle of reciprocity applies to workers from the existing EU Member States. For those countries that will enforce the transitional period and will not liberalise the labour market for Slovenian workers, there will continue to apply, in the Republic of Slovenia, the obligation to obtain work permits - in the same manner as applies to aliens. For workers from countries that will not enforce the transitional period and will liberalise their labour markets, there will be no restrictions, in the Republic of Slovenia, on employment and no obligation to obtain work permits. So far, a free movement of workers was established between the Republic of Slovenia, Great Britain, Ireland and Sweden.
Following the accession to the EU (i.e., as of 1 May 2004), a free movement of workers between the new Member States is in force. In addition, a free movement of workers was established between the Republic of Slovenia, Great Britain, Ireland and Sweden because these countries are not implementing the transitional period in this area. The workers from these countries are deemed equal to national workers when employing and seeking employment, respectively. This means that in the event of employment, the workers from these countries do not need work permits; however, employers employing such workers must register the employment of the EU workers.