The common rules relating to the exercise of the 'right of establishment' by a service provider are laid down in the Act on Services. In accordance with those rules the provider of a service, who guarantees a high level of quality, may temporarily go to the recipient, crossing the border himself to perform the service in another Member State on the basis of the 'freedom to provide services'. Taking into account certain restrictions, this Act is applied for the issuance of a permit for the commencement of cross-border activities, if the provider of a service has a registered office in a Member State.
Provisions for the manner and conditions of carrying out trading activities, as well as the proper surveillance of the implementation of these provisions, are laid down in the Trade Act. In accordance with this Act the term trade means carrying out trading activities in the national market and abroad, including purchasing goods for resale and the provision of trading services.
The Small Business Act defines how a craft is pursued as a business activity, lays down the conditions for undertaking craft activities, craft-like activities, the activity of home crafts and applied arts, the organisation of the chambers-of-crafts system and the basis of staff training for the needs of carrying out these activities.
The Payment Services Act lays down the conditions for founding, operating, auditing and terminating payment institutions; regulations for carrying out payment services, the rights and obligations of the users and providers of payment services; and rules relating to the formation and management of payment systems.
Types of Services
The services area is covered by various representative organisations which offer legal help to their members and participate in drafting legislation. The most comprehensive activities are performed by the Chamber of Commerce and Industry of Slovenia, which represents the interests of companies in the contractual relations of businesses with the State and Unions during the creation of working conditions and business operations, as well as providing conditions for economic development. It also includes various chambers specialing in the specific area of services, such as trade, business services, accommodation and catering activities and tourism.
The chamber that focusses on trade is the Chamber of Trade, Crafts and Industry of Slovenia.
The Chamber of Crafts and Small Businesses of Slovenia keeps a Craft Register and offers various support activities for its members who are involved in the craft- and craft-like activities.
The liberal profession area which includes highly specialised services in accordance with wider public interests is covered by several specialist chambers, such as the Bar Association and the Chamber of Notaries. In Slovenia the liberal professions are regulated by law, as they are in most of the EU Member States. The existing regulations specify the various ways of charging for services, so fees may be fixed (like notaries’ fees) or recommended (mostly for the technical professions); there are also restrictions on advertising, limitations on the number of providers (so called numerus clausus) and special conditions for providing services.
Modalities for Providing Services
Founding of a Service-Provision Company
The Companies Act defines their basic status, the articles of incorporation and the operations of companies, sole proprietors, related persons, economic interest groups, subsidiaries of foreign companies and their restructuring status.
The main mission of the Public Agency of the Republic of Slovenia for Entrepreneurship and Foreign Investments (JAPTI) is to support Slovenian companies to reach their objectives for market penetration, to expand the network of cross-border representations of the Slovenian economy and to create a more favourable administrative and business environment for foreign investments.
Rights of a Recipient of Services
The rights of consumers relating to offering, selling and other forms of marketing goods and services by companies and the obligations of the State authorities and other subjects to provide the consumer rights are regulated by the Consumer Protection Act.
One of the important areas which are supervised by the Trade inspectorate of the Republic of Slovenia is the area of consumer protection.
The Consumer Protection Office of the Republic of Slovenia offers advisory services to consumers, free of charge.
The Directorate for Labour Market and Employment provides for the implementation of employment policy both at home and abroad, unemployment insurance, students' policy and the implementation of professional standards, certificate system; it regulates the free movement of labour and the education of adults; prevents illegal work and employment.
A mechanism for the reciprocal recognition of qualifications in respect of professional activities regulated by the provisions makes it possible to implement one of the basic freedoms of the EU internal market, which is the free movement of persons, one of the basic goals for increasing personal mobility within the EU.
The Labour Inspectorate of the Republic of Slovenia monitors the implementation of national laws, regulations, collective agreements and general legal acts, which regulate employment relationships, wages and other receipts under employment relationships, the employment of workers both at home and abroad, worker participation in management, strikes and occupational safety for workers, except as may otherwise be provided by other regulations.
The Ministry of Justice provides a high level of professional qualifications and effectiveness of criminal justice to deal with the demanding forms of commercial or finnancial criminal and illegal activities, organised or otherwise.
The Services Directive: Points of single contact
The Services Directive is a European law that aims to make life easier for businesses that wish to provide services in the European Union – in their home country or abroad. The Directive defines the rules that apply to entrepreneurs wishing to establish a business or perform temporary services in the EU/EEA area (the 27 EU member states, plus Iceland, Liechtenstein and Norway). It obliges member states to eliminate unnecessary bureaucracy, simplify formalities for businesses and make public administrations more efficient.
For the implementation of the Directive, each member state had to set up ‘Points of Single Contact (PSC)’ , e-government portals which help businesses complete their administrative procedures on-line. The PSCs provide comprehensive information on all administrative matters related to setting up or expanding a services business in a given country. This includes for example:
- Which licences, notifications or permits do I need to obtain to start a business (at home or abroad)?
- What do I need to do when I want to offer my services abroad on a temporary basis?
- What do I need to do to apply for a licence? Which authority is responsible?
- Are the licences subject to a fee? What kinds of deadlines apply?
- Which acts and decrees apply in my sector?
- What do I need to do to establish, for instance, a restaurant or a shop? Or to work as a tour operator in another country without actually setting up a company?
- Where can I turn for personalised advice and further information?
With the PSCs, you no longer need to approach various authorities one by one!! The PSC allows you to find all relevant information and to send in your online applications to the responsible authority through one single contact point, the PSC. You can complete your administrative formalities electronically through the PSC. Just contact the PSC of the country that you want to do business in.
All PSCs are part of the European EUGO network; through a central website you can easily access all PSCs in Europe. Of course, the services of the PSCs are optional. You may always address yourself directly to the relevant authorities, too.
"Uniform contact points"
The OSS (VEM) entering point is a service "all in one place" ( One Stop Shop ), aimed at experts, which offers many possibilities such as the registration of company electronically, carrying out various administrative procedures electronically and obtaining useful information.
Companies may use the e-VEM Portal ddaily to carry out their current administrative jobs such as registrations, changes and de-registrations of taxable persons relating to compulsory social security and reporting vacancies.
You must notify the competent Tax Authority of the commencement of activity as taxable person subject to value added tax, by filling in the application on the standard DDV-P2 Form ( Obrazec DDV-P2 ) asking for the issue of an identification number for VAT. Foreigners must complete the DDV-P3 Form.
The procedure which must be followed by a taxable person, who does not have a registered office in Slovenia, is laid down in the Regulation on the Application of the VAT Act.
The Tax Authority communicates with taxable persons electronically, through the eDavki, (eTaxes) Portal which enables access to various applications for submitting tax returns.
All information, procedures and forms for social security are available on the Website of the Employment Service of Slovenia.
The Slovenian Ombudsman is a constitutional category which does not come under the legislative powers or judicial powers. An Ombudsman is not part of a power mechanism but a controller of power.
Proof of professional qualifications
The procedure and bodies, or authorities and organisations for adoption of the catalogues of standards for professional knowledge and skills, as well as the conditions and procedures for obtaining national professional qualifications are laid down in the National Professional Qualifications Act .
The Ministry of Labour, Family and Social Affairs (MDDSZ) governs procedures and offers information relating to the recognition of professional qualifications.
On the Government Portal of the Republic of Slovenia you may obtain a decision on the recognition of a professional qualification for carrying out a regulated activity in the Republic of Slovenia.
Application for the issue of a work permit
In addition to the basic information about the possibilities for work and employment, the Employment Service of Slovenia (ZRSZ) is also introducing an Info point for foreigners, which offers detailed information relating to residence in Slovenia, obtaining work permits, the possibility of education and training, as well as the rights which arise from employment relationships.
The procedure and conditions for the issue of a resident's permit are laid down in the Instruction: