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Rights of B&H nationals in Slovenia
05/22/2011
The general status and rights of imigrants in Republic of Slovenia shall be further regulated by the Statut of Republic of Slovenia which envisages that foreign nationals who live in Republic of Slovenia exercise equal rights and obligations as locals, except for limitations provided by specific laws. Pursuant to international agreements foreign nationals exercise all rights that are guaranted by statute and laws, apart from those rights meant only, in line with statute or law, for citizens of Slovenia. Labour Rights and obligations are regulated in an employment contract which is signed by employee and employer and they have to be in line with provisions of the National Labour Relations Act of Republic of Slovenia and other acts pertaining to labour relations which are applicable equaly for domestic and foreign nationals.
Foreign nationals who are legally employed in Republic of Slovenia are imediately included in the process of social insurance which encompasses: retirement insurance, obligatory health insurance and insurance in case of unemoyement.
Bosnia and Herzegovina and Slovenia signed the Agreement on Social Insurance on 19th February 2007. It entered into force on June 1st 2008. Legal regulations which are valid in Slovenia in this Agreement are as following: health protection and health insurance, obligatory retirement and health insurance, parental and children allowance, employment and insurance in case of unemployment.
Agreement on Amendments to the Agreement on Social Insurance was signed on December 12th 2010. Namely, these amendments to the Agreement shall significantly influence exercising rights of BiH nationals which they acquired while working in Republic of Slovenia pursuant to international principles on social insurance. This Agreement, upon entering into force, shall amend conditions of payment of funeral costs and death grants for families of the late persons.
These rights shall be exercised pursuant to legislative regulations of the contracting country where these rights have been acquired, if a beneficiary resides or stays there.
The Parliament of Republic of Slovenia endorsed the Agreement on Amendments to the Agreement on Social Insurance between BiH and Slovenia on March 7th 2011. The Council of Ministers BiH supported a proposal of the Ministry of Civil Affairs to approve of temporary application of the Agreement, on the 148 Session held on April 14th 2011 prior to its final entering into force, in line with Article 9, Paragraph 1. of the Law on Procedure in Concluding and Implementing International Agreements.
The Ministry of Civil Affairs BiH shall ensure that proposal of temporary appliance of the Agreement on Amendments to the Agreement on Social Insurance between BiH and Slovenia be delivered for approval to the Presidency of BiH.
Citizens of BiH shall be able to enjoy these rights only upon ratification of Agreement in both countries
Apart from abovementioned, it is of a paramount significance to emphasize that a worker from BiH who established his labour status in Slovenia can turn to competent Labour Inspectorate in Slovenia in case of violation of rights provided for under the Agreement. Republican Labour Inspectorate is in charge of protection of workforce.
Migrant workers can contact an Info Point for migrant workers that is in charge of providing information and legal help to foreign nationals who currently have a labour status in Slovenia.
The ongoing process of concluding the ''Agreement between the Council of Ministers BiH and the Government of Republic of Slovenia on employment of BiH nationals in Republic of Slovenia''might also be worth mentioning. This Agreement shall more strictly define conditions of employing BiH nationals in Slovenia.