Change of Job Position or Employer During a Foreign National’s Temporary Residence

Change of Employer

According to information provided by telephone by the Bratislava Foreign Police Department, the new employer is required to fulfill all obligations as in the case of granting temporary residence. This implies that it is necessary to submit a vacancy notification and request the consent of the competent labor office.

In such an event, the foreign national is not required to submit a new application for the granting of temporary residence; however, they are under an obligation to notify the Foreign Police of the change of employer, either electronically or by mail.

At the same time, the Central Office of Labor, Social Affairs and Family automatically informs the Foreign Police, and therefore no separate delivery of the consent by the employer is required.

Notice: in the event that the foreign national’s residential address changes, it is necessary to apply for a new residence card.

Along with a residence permit for the purpose of employment, a document containing additional information on employment is issued to a foreign national. This document specifies the following data: the name, address, and identification number of the employer; in the case of a temporarily assigned third-country national, also the name, address, and identification number of the user employer; the place of work; the type of work performed; and the period of work. The document containing additional information on employment should be located at the address of the foreign national’s workplace and must be presented upon inspection.

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Please contact our law firm at recepcia@akmv.sk or by telephone at +421 915 046 749.

In the event of a change in the data specified in the document containing additional information on employment (most frequently involving a change of job position or employer), it is necessary to re-submit a new vacancy notification via sluzbyzamestnanosti.gov.sk and apply for a modification of the residence status. The foreign national may work under the new terms and conditions only upon obtaining the new document containing additional information on employment.

Vacancy Notification

The vacancy notification in the event of a change of employer must be published for at least 20 working days, even in the case of a shortage occupation.

Pursuant to Section 73(18) of the Act on Residence of Aliens, “The police department shall issue to a third-country national under Section 23(1), together with a residence document, a document entitled “Additional Information on Employment”… The police department shall issue a new document under the preceding sentence if

a) the third-country national has fulfilled the obligation under Section 111(1)(t), submitted a new employment contract, and the competent Office of Labor, Social Affairs and Family has issued a confirmation under Section 33(3) containing consent to fill the job vacancy, and

b) the person concerned is a third-country national under Section 23(1).”

Under Section 111, paragraph 1, point (t) of the Act on the Residence of Foreigners, “A third-country national is required to notify the police department, within five business days, of any alteration of the particulars set forth in the document referred to in the first sentence of Section 73, paragraph 18…”

Furthermore, the employer is also required to notify the competent labor office of the change by means of the so-called Info-Card No. 13. First, it is necessary to submit an Info-Card notifying the termination of employment of the foreign national in the original job position / with the original employer, and another Info-Card notifying the commencement of employment in the new job position / with the new employer, all within a deadline of 7 working days from the termination / commencement of employment. In the event of a breach of the said notification duty of the employer toward the labor office, a fine may be imposed.

A nearly identical procedure applies where changes occur during valid residence, or where changes are planned to be carried out only after the expiry of the period of the granted residence for a subsequent period.

If the current employer terminates the employment relationship with the foreign national, the foreign national has 60 days from the termination of employment to find new employment. Another option is a change of purpose of residence (for example, to business activity). This grace period arises from Section 36(3) of the Act on Residence of Aliens, during which the foreign police will not revoke the foreign national’s residence.

Change of the Place of Work During Granted Residence

In addition to a change of employer, other changes may occur during a granted temporary residence for the purpose of employment, such as a change of the address where the work is to be performed. This may result, for instance, from a relocation of the employer’s registered office / office premises, or from an agreement between the employee and the employer stating that the employee will perform work from home (telework/home-based work). Please note that in this case, the employer remains the same.

If the place of work changes, we recommend contacting the competent labor office to determine whether a new vacancy notification on istp.sk will be required. However, in our experience, if the place of work remains within the same municipality (e.g., in the case of a relocation within Bratislava from Petržalka to the city center), a new notification is not required.

If a third-country national who has been granted temporary residence for the purpose of employment changes their place of work, they shall be under an obligation to notify the competent Department of the Foreign Police of the Bureau of Border and Foreign Police of the Police Force of this fact in person or in writing (electronically or by mail). In this scenario, the Foreign Police will not issue a decision granting a new temporary residence for the purpose of employment, but will issue to the third-country national a new document entitled “Additional Information on Employment”.

Regarding the documents confirming the change of the place of work, it is necessary to submit a new employment contract or an amendment to the existing employment contract.

Home-Based Work During Temporary Residence of a Foreign National for the Purpose of Employment

Regarding the new place of work, the employer and the employee may also agree on home-based work. Work from home shall be deemed to be work that could be performed at the employer’s workplace, provided that the employee and the employer have agreed in the employment contract that it will be performed fully or partially from the employee’s household. Consequently, the employee’s household becomes their place of work. For this purpose, however, the employee’s household is considered to include not only their residence, but also any other agreed place of work outside the employer’s workplace. Therefore, home-based work need not be performed exclusively from the employee’s household, but also from any other location agreed upon by the employee and the employer in the employment contract as the place of work. Accordingly, the place of work in the case of home-based work may be defined as the address of the employee’s permanent or temporary residence, the address of a rented apartment, or any other address where the employee stays during the performance of work.

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