Law no. 351/2015 on cross-border cooperation, which enters into force on 18.06.2016 and incorporates the EU directive into our legislation. The Act also amends the Labour Code, the Law on Illegal Work and Illegal Employment and Labour Inspection Act.
concepts:
Seconding employer:
• Visiting the employer which the employer is established in another Member State of the European Union sending an employee to perform work in the service of another Member State of the European Union to the Slovak Republic,
• The home employer which the employer is established in the Slovak Republic seconding an employee to perform work in the service of the Slovak Republic to another Member State of the European Union.
Posted employee:
• Visiting an employee who is an employee who for some time performs work in the Slovak Republic in the provision of services, and normally works in another EU Member State,
• The home employee who is an employee who for some time performs work in another EU Member State for the provision of services, and normally works in Slovakia.
Pursuant to § 5 ods. 4 of the Labour secondment of staff to perform work in the provision of its cross-border:
• posting under the direction and responsibility of the sending employer under a contract between the sending employer as cross-border service provider and the recipient of the service, if the sending employer and employee exists during the period of posting employment relationship,
• sending the controlling entity and the controlled entity and the controlled entity when transmitting between employer and employee exists during the period of posting employment relationship, or
• temporary assignment to the user employer, if the sending employer and employee exists during the period of posting employment relationship.
Secondment of staff vs. business trip
When posted workers “competing” employee employees in other Member States.

Obligations of a foreign employer
Visiting the employer created a new information obligation towards the National Labour Inspectorate (NIP).
Visiting the employer is obliged to notify the NIP data related to broadcasting and the place of work:
• keep employment contract or other document confirming the employment relationship with the posting of workers,
• keep records of working hours of the staff seconded
• documentary record of the wages paid to posted employees.
Visiting the employer is also obliged later than the date of posting to notify the National Labour Inspectorate:
• business name and address,
• its identification number, if assigned,
• Estimated number of posted workers
• personal data on staff secondments,
• the start date and the end of the broadcast,
• The place of performance and the type of work involved,
• the name of the service to be performed by staff secondments,
• report to the contact person entrusted with the service of documents.
Visiting the employer has the opportunity to inform the NIP and electronically, at NIP. This option should be available no later than the 18.6.2016 (i on the effective date of the Act). However, to date, this option is not yet disclosed, so we recommend visiting employers to fulfill their obligation in writing.
Visiting Employers will be notified of the decision imposing the fine and the related documents through a contact person. Therefore we recommend you select a contact person who is familiar with the Slovak legislation and will be able to periodically download or mail. An example may be a personnel manager, lawyer or even an external consulting company.
Visiting the domestic employee has an obligation to cooperate with the inspectors work. Visiting the employer is obliged Labour Inspectorate at his request, submit the relevant documents even after deployment, respectively. a translation of the documents or parts of them into the Slovak language within a reasonable period specified by the labor inspectorate, which in practice means not only a higher administrative burden but also increased costs.
Obligations of employers of domestic
Domestic employer is obliged to NIP or labor inspectorate or other competent authority of a Member State to provide information for identification of posting and monitoring compliance with the rules of posting and other information related to the secondment.
The home employer does not have such extensive obligations as an employer to visiting Slovak institutions. However, if you Nip / IP calling for cooperation must provide information related to the secondment.
Domestic employer may send home for a new employee to perform work in the service of the Slovak Republic to the territory of another Member State of the European Union only by written agreement. The agreement shall include in particular:
• start date and the end of the secondment,
• kind of work during the posting,
• place of work during the posting,
• Wage conditions during the posting.
If an employee has an employment contract for a definite period it may be sent until the end of the longest particular, after extra time given, or the transition to an indefinite period, the employee may also extend the period of posting.
Employee after posting must return to their home country. Although it is not stipulated maximum period of secondment of staff must always be sending timed
If the employee has been employed under a fixed-term secondment agreements concluded for longer than until the end of some.
Terms of the hard core
Employment relations between expatriate employees and employers posting is governed in part by the law of the sending State and of the law of the State in which the worker is posted. Terms of the State in which the employee sends form called. hard core, which is further specified in Article 3 of Directive. 96/71 / EC on the posting of workers in the provision of services
To hard core include clauses providing:
• Working hours and rest periods
• Length of leave
• minimum wage, minimum wage claims and wage overtime rate,
• Safety and Health at Work
• working conditions for women, adolescents and employees caring for a child younger than three years,
• equal treatment for men and women and non-discrimination,
• working conditions for the employment of temporary employment agency.
Internal information exchange system
Internal information exchange system (IMI) was established under the Directive 2006/123 / EC on services in the internal market in order to facilitate and speed up the administrative cooperation between competent authorities of EU Member States and States which are parties to the EEA Agreement.
IMI is used for the provision and verification of information on migrant service providers from Member States who provide services covered by the Services Directive.
Through direct electronic communication with the various authorities of the Member States themselves and verify the information submitted.
In case of failure to fulfill obligations it can be imposed fines enforced in another Member State. I.e. if the fine was imposed on the employer a visiting Slovakia, the relevant Slovak authorities will be able to apply for enforcement of a decision by the competent authority of another Member State. The same principle will also apply in other Member States to Slovak companies.
Posting employees abroad – Social and health insurance in the EU
If the employer wants to continue to pay social and health insurance in Slovakia, it is necessary to ask the Social Insurance Agency to issue a Form PD A1. The time limit set in internal guidelines for the Social Insurance Agency a request for Form PD A1 is 60 days.
An application for the determination of the applicable legislation administered employee who then inform the employer.
If the Social Insurance Agency rejects a request to issue a Form PD A1, the employer must pay contributions from the first day in the country in which the employee was sent.