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An employer may employ a third-country national pursuant to § 23a(1)(g) of Act No. 5/2004 Coll. on Employment Services, as amended, if the individual (i) has been granted temporary residence as a third-country national and (ii) has been granted the status of a Slovak living abroad. Therefore, both conditions must be met. The first is obtaining the Certificate of a Slovak Living Abroad. The second is being granted temporary residence.
If you are interested in employing a third-country national, particular attention must be paid to their temporary residence status and the employer’s obligations toward the Labour Office.
Temporary Residence of a Foreigner with a Certificate of a Slovak Living Abroad
To apply for temporary residence, a third-country national who has been granted the status of a Slovak living abroad must submit the following:
- A valid travel document
- The Certificate of a Slovak Living Abroad
- A fee for issuing the residence card: €10 (within 30 days) or €39 (within 2 working days)
- Proof of accommodation, if the applicant wants the exact address to appear on the residence card. If only a general address is provided (without documentation), only the city of residence will be printed on the card. However, in both cases, the foreign police must be informed of the name of the host and their contact information.
- An extract from the criminal record is not required to be translated if the residence application is submitted within 60 days from the date of issuance of the Certificate of a Slovak Living Abroad.
The foreign police will verify at the time of application whether the applicant has exceeded the maximum allowed stay in Slovakia under the visa-free regime.
A third-country national is entitled to stay in the territory of the Slovak Republic until a decision is made on their application, provided they hold a Certificate of a Slovak Living Abroad and have submitted an application for temporary residence.
The foreign police department will decide on the application within 30 days from the submission of a complete application, and the temporary residence will be granted for a period of five years.
A third-country national who has been granted temporary residence under the status of a Slovak living abroad is also permitted to engage in business activities.
You can read more about this topic here: Slovak Living Abroad – Temporary Residence in Slovakia.
Obligations Toward the Labour Office
Persons who have been granted the status of a Slovak living abroad may work in the territory of the Slovak Republic on the basis of an information card, which must be completed and submitted to the Labour Office within 7 working days from the start of the employment relationship.
According to § 73(3) of Act No. 404/2011 Coll. on the Residence of Foreigners: “The residence document shall contain data on the third-country national as specified in a special regulation, and the words ‘authorized to work’, if it concerns temporary residence under §§ 24 to 27, § 29, or § 30. The residence document includes an electronic chip.” (§ 29 refers to temporary residence for a Slovak living abroad.)
The Employer Has the Following Obligations:
- The employer is required to obtain and retain a copy of a valid residence permit, a confirmation of receipt of the application for the granting of temporary residence for the purpose of employment, or a confirmation of receipt of the application for the renewal of temporary residence for the purpose of employment, which confirms that the application has been duly submitted in accordance with the applicable legal regulations, or another form of residence authorization under a specific regulation.
- To notify the Labour Office in writing about the commencement and termination of employment of a third-country national within seven working days from the start and end of employment. When employing a third-country national, the employer must attach a copy of the employment contract or a copy of the agreement on work performed outside of employment to the notification.
- To register the employee with a health insurance provider. (First, the foreigner must submit an application for health insurance along with the employment contract showing a salary exceeding €400, or submit the contract and a wage slip showing the salary. Only after the foreigner is registered may the employer proceed with their registration.)
- To register the employee with the Social Insurance Agency. (This follows the same procedure as for Slovak employees.)
- To notify the Foreign Police in writing within three working days if the third-country national fails to commence employment, provided the employer has issued a written promise of employment.
- To notify the Foreign Police within three working days of the termination of employment of a third-country national.
- An employer employing a third-country national under § 23a (which includes third-country nationals with the status of a Slovak living abroad) must submit written information to the Labour Office using a form specified by the central authority, no later than seven working days from the start and end of employment.
- For temporary residence of third-country nationals who have been granted the status of a Slovak living abroad, it is not necessary to submit a medical certificate confirming that the foreigner does not suffer from a disease threatening public health.
