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Parliamentary questions
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6 February 2019
Question for written answer E-000711-19
to the Commission
Rule 130
Richard Sulík (ECR)

 Subject:  Sanctioning obligation on employers to announce vacancies — possible violation of competition rules
 Answer in writing 

According to an amendment to the Act on Employment Services, which entered into force in Slovakia on 1 January 2019, all employers are obliged to announce job vacancies and their characteristics to the employment office in whose territorial district they are located, unless they provide data to the public administration information system operated through the central public administration portal. Failure to comply with the obligation is punishable by a fine of EUR 300. The Slovak Republic(1) has justified this obligation by the need to adapt the transposition of Article 16(2)(c) of the Seasonal Workers Directive(2).

At a press conference given by the Ministry of Labour, Social Affairs and Family of the Slovak Republic on 20 December 2018, the Director-General of the Centre for Labour, Social Affairs and Family informed the public that an agreement had been reached with two major Slovak private portals. Now advertisements for posts published on these portals will be deemed to meet this statutory requirement. Private portals cannot be considered part of the public administration information system, and these guidelines therefore put two private service providers at an advantage in relation to other service providers without any justification.

1. Does the Commission feel that such guidelines are in line with the EU’s free competition rules or other provisions of the acquis communautaire?

2. Is the Commission aware of whether there are similar sanctioning obligations for employers in other Member States as part of the transposition of the aforementioned Directive?

(2)Directive 2014/36/EU of the European Parliament and the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers.

Original language of question: SK 
Last updated: 20 February 2019Legal notice