On June 18, 2016, new Act No. 351/2015 Coll. on Cross-Border Cooperation in Posting Employees for Work Performance in Framework of Provision of Services will come into force. The Act imposes, among other things, new obligations for employers established in other EU Member States that post their employees to carry out work in the framework of provision of services in the territory of Slovakia (“host employers”).
The new Act is a result of transposition of an EU directive – Directive 2014/67/EU of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) – imposing the same rules for the whole territory of the EU. Therefore, similar obligations will also apply, in accordance with the relevant regulations of other EU Member States, to Slovak employers posting their employees to those Member States.
Pursuant to the new Act, on the date of posting the employees at the latest, host employers will be required to notify, in paper form or electronic form, the Slovak National Labor Inspectorate of their identification details, the number of posted employees and their identification details, the start and end date of the posting, the place of work and type of work, the name of the provided service, and the full name and address of the contact person who will be present in the territory of Slovakia during the posting. The host employer will be required to keep, at the place of work, the posted employees’ employment contracts, keep records of the posted employees’ working time as well as records of wages paid to them during the posting and to present all these documents to the Labor Inspectorate upon its request.
The Act also establishes new administrative procedures among the competent authorities of the EU Member States which should facilitate the enforcement of fines imposed by the authorities of other Member States.
