Foreigners from a third country who have obtained a temporary stay for the purpose of family reunification may not work in Slovakia for the first 12 months after being granted residence. An exception would be the case if they obtained a work permit from the employment office. In this article, we will cover the individual steps to obtain a work permit.
The first step is the registration of a vacancy by the employer, ideally on the istp.sk website. The application must select the option to select a candidate in “cooperation with the employment office” and it is also necessary to check the box “the employer is interested in hiring a third-country national.” The application must be published at least 10 working days. However, we recommend leaving the VPM application published until the decision is made by the labor office.
Please note that the condition of mastering a foreign language is not always acceptable by the employment office when assessing the application. “If the employer lays down a condition of mastering a foreign language at the registered VPM for which he intends to admit a third-country national, the employment office is not obliged to take this condition into account when selecting jobseekers, except for professions where knowledge of the language is necessary for employment. languages used in the EU Member States. In the case of job positions that require employees with higher professional qualifications, the condition of mastering the foreign language set by the employer is acceptable by the employer.” (Source: upsvr.sk)
Submission of an application for a work permit
At the earliest on the 11th working day after the VPM application is published, it is possible to submit an application for an employment permit to the labor office competent according to the place of work. The signature on the application does not have to be officially verified.
The current version of the application can be found on the website of the Labor, Social Affairs and Family Office.
The application for a work permit shall be accompanied by the following documents:
- a copy of the foreigner’s passport
- a copy of the foreigner’s residence permit proving the granting of a temporary residence for the purpose of family reunification
- promise of employment or employment contract
- if the application is submitted by a future employer, it must be accompanied by the written consent of the third-country national to this procedure, to verify the authenticity of the signature according to the legislation of the state of which he is a citizen or according to generally binding legislation of the Slovak Republic. In the case of a written power of attorney in a foreign language, its forensic translation is required. If the application is signed by the foreigner himself, this quasi-authorization by the foreigner is not required.
- in the case of a regulated profession – a decision on the recognition of a certificate of education or a document of required education in an official translation into the state language in the original or in an officially certified copy, on which the embassy marks the conformity of the translation the international treaty does not provide otherwise
The Labor Office has 20 working days to decide on the granting of a work permit.
A foreigner with a temporary residence permit for the purpose of employment may only perform work activities in accordance with the conditions specified in the employment permit.
Obligations after obtaining a work permit
The employer has an obligation in accordance with §23b of Act no. 5/2004 Coll. on employment services within 7 working days, notify the relevant labor, social affairs and family office of the entry / termination or non-entry of a third-country national (employer notification [RTF 51.2 kB]). They shall provide a copy of the employment contract with the notification.
We also recommend that you notify the relevant Foreigners Police of obtaining a work permit and starting work.
Other cases where a work permit is required
An employment permit is required in the case of the employment of a third-country national if:
- will be employed for seasonal employment for a maximum of 90 days for 12 consecutive months (an activity not exceeding 180 days in 12 consecutive months and linked to a recurring event or a recurring sequence of events related to seasonal conditions for a certain period of the year, during which require a significantly higher volume of work)
- will be employed as a seaman on a ship registered in the Slovak Republic or on a ship flying the flag of the Slovak Republic
- has been granted temporary residence for the purpose of family reunification, within a period of 12 months from the granting of temporary residence for the purpose of family reunification
- has been granted temporary residence of a third-country national who has been granted the status of a long-term resident in a Member State of the European Union, unless a special regulation provides otherwise, 22da) within 12 months from the beginning of residence in the Slovak Republic
- if so provided by an international agreement by which the Slovak Republic is bound (eg an internal transfer within the meaning of the WTO Agreement lasting up to 90 days)
Examination of foreigners for foreigners police / medical report for foreigners
Examination of foreigners in Bratislava and 12 other places is provided by Medical control s.r.o.