Employment of foreigners from third countries

Given the situation on the labor market, more and more employers are interested in the possibility of employing foreigners from countries outside the European Union – the so-called third countries. The possibilities of employment of third-country nationals with a place of work in the Slovak Republic are regulated primarily by Act no. 5/2004 Coll. on Employment Services and on Amendments to Certain Acts, as amended (hereinafter referred to as the “Employment Services Act”) and Act no. 404/2011 Coll. on the Residence of Foreigners and on the Amendment of Certain Acts (hereinafter referred to as the “Act on the Residence of Foreigners”). In this article, we will look at the most common employment opportunities for such foreigners.

According to the provisions of § 21 par. 1 of the Employment Services Act, the employer may employ a third-country national who:

  • Is a holder of a European Union Blue Card
  • Has been granted temporary residence permit for the purpose of employment on the basis of a confirmation of the possibility of filling a vacancy
  • Has been granted a work permit and a temporary residence permit for the purpose of employment
  • Has been granted a work permit and a temporary residence permit for the purpose of family reunification
  • Has a work permit and a temporary residence permit granted to a third-country national who has been granted long-term resident status in a Member State of the European Union, or
  • Meets the conditions of § 23a

Please note that the employment of a foreigner from a third country, as mentioned above, is only possible on a so-called employment contract (not an agreement). This follows from § 21 par. 2 of the Employment Services Act, according to which “A third-country national pursuant to paragraph 1 letter (a) to (e) may be employed only on an employment contract.“

When employing foreigners for over 90 days, in addition to a permit from the labor office, it is also necessary to obtain a residence permit.

Length of temporary stay for employment purposes

Temporary residence for the purpose of employment is granted by the police department for a maximum period of 5 years.

An exception is a temporary stay for the purpose of seasonal employment, when a stay is granted for a maximum of 180 days for 12 consecutive months. In the event that the validity of the alien’s travel document is shorter than 180 days, the police department shall grant a temporary stay for a maximum period of validity of the travel document.

In the case of an intra-corporate transfer, a stay is granted for a maximum of three years in the case of a manager or specialist and a maximum of one year in the case of a trainee.

More about stay for the purpose of in-house transfer, you can find here

However, it is also necessary to take into account § 21b par. 8 of the Employment Services Act, which specifies the length of residence, if a certificate of the possibility of filling a vacancy is required, as the certificate is issued for a maximum of:

  1. 180 days for 12 consecutive months for seasonal employment
  2. one year in the case of a third-country national with a university degree who undergoes training (traineeships) for the purposes of professional development or the acquisition of business management knowledge as part of an intra-corporate transfer
  3. three years in the case of a third-country national who, in the context of an intra-corporate transfer, acts as a manager or specialist requiring exceptional professional knowledge, skills, abilities, knowledge, qualifications and experience necessary for operations or management
  4. five years, if so provided by an international agreement by which the Slovak Republic is bound, and if it is not, if reciprocity is guaranteed
  5. two years, unless in the case referred to in the preceding points

Thus, if a certificate valid for two years is issued, the temporary stay will also be granted for a period of two years only.

Documents required to obtain temporary residence for the purpose of employment

The documents to be attached to the application must not be older than 90 days, with the exception of registration documents. All documents must be original or notarized photocopies and, if issued abroad, apostille or superlegalization is also required, depending on the country in which they were issued.

The application for temporary residence is submitted by the third-country national on an official form. Upon application, the third-country national is required to present a valid travel document. In the case of a temporary stay for employment on the basis of a vacancy certificate, it is not necessary for all documents to be complete when applying for a stay and they can be documented later. This is a difference compared to other types of stays, where incomplete applications will not be accepted.

List of documents to be provided when applying for temporary residence for the purpose of employment:

  • completed form “Application for temporary residence” (must be completed in Slovak)
  • 2 current photos of the face 3 x 3.5 cm
  • valid travel document (for viewing only)
  • documents proving the purpose of stay:
    • in the case of an application for temporary residence for the purpose of employment on the basis of a confirmation of the possibility of filling a vacancy – a written promise of the employer to admit a third-country national to employment (documented on the form of the Ministry of Education, Science, Research and Sport) or employment contract
    • in the case of other applications, a work permit (issued by the competent employment, social affairs and family office according to the job performance) or an employer’s certificate stating that the third-country national is to pursue an activity for which a work permit is not required, or an international agreement the Slovak Republic is bound and which stipulates that the employment of a third-country national does not require an employment permit or confirmation of the possibility of filling a vacancy
  • decision on recognition of a diploma or apostillized or superlegalized proof of the highest achieved education (we recommend apostillizing the signature of the rector – school principal on the originals of this document and then having a copy of this document verified by a notary and officially translated). From 1.1.2019, this proof of education is required only in the case of a regulated profession (eg lawyer, doctor, etc.)
  • an extract from the criminal record of the country of which the foreigner is a national and of the country in which they have resided for more than 90 days in the last three years for six consecutive months (if such an extract is not issued in that country, it may be replaced by an equivalent document issued by the competent judicial authority or administrative authority of the country of origin or may be replaced by a solemn declaration made by the third-country national before the competent judicial authority or administrative authority or by a notary of the country of origin or last residence). The extract from the criminal record must be apostilized or superlegalized, each extract must then be officially translated into Slovak (does not apply to documents issued in Czech) by a Slovak court translator or representative office of the Slovak Republic competent to accept the application for residence (such translation must be marked clause of the representative office of the Slovak Republic, which certifies the conformity of the original with the translation)
  • a document in Slovak proving the provision of accommodation in Slovakia for at least 6 months of temporary stay; in case of a shorter stay, it is necessary to prove the provision of accommodation during the entire stay
  • proof of financial security of the stay (eg confirmation of the employer about the agreed salary or confirmation of the balance on the bank account in the name of the third-country national) in the amount of the subsistence minimum for each month of stay / 1 adult natural person and if the stay exceeds 1 year, so in the amount of 12 times the subsistence level)
  • administrative fee EUR 165.50 (if the application is submitted to the Foreigners Police) or EUR 170 (if the application is submitted to the Slovak representative office abroad)
  • administrative fee EUR 4.50 for issuing a residence permit
  • administrative fee 3 EUR for delivery of the residence card by courier

The signatures on the accommodation document must be officially verified.

Accommodation must be provided for a period of at least 6 months from the granting of the stay (not from the submission of the application). Please also note that in some cases the validity of the accommodation document also affects the validity of the residence card: „A third-country national who has been granted temporary residence shall be issued by the police with a residence document valid for the period for which the temporary residence was granted; if he has secured accommodation for a shorter period than he has been granted temporary residence, the police department shall issue a residence permit valid for the period for which he has secured accommodation.“

Please note that all changes in the issued residence permit (for example, a change in the foreigner’s address) must be reported to the Foreigners Police within 5 working days. It follows from § 111 par. 1 letter g) of the Foreigners Residence Act “A third-country national is obliged to report to the police a change of name, surname, personal status, nationality, data in the travel document within five working days from the day the change occurred and the exchange of the travel document.”

A person can only be accepted into employment from the first day of validity of the temporary residence permit for the purpose of employment. The employment of a third-country national who has been granted an employment permit may only take the form of an employment relationship on the basis of a written employment contract. The work permit is linked to a specific employer, type of activity and place of work.

If the foreigner does not start employment after the residence permit, the employer is obliged to report the fact to the relevant department of the Foreigners Police, or to return the residence card, if it has already been issued, and to notify the employment office. The notification does not have the prescribed form, it is not an official form.

More information on the temporary stay can be found at: https://www.minv.sk/?pobyt-cudzinca or https://www.minv.sk/?cudzinecka-agenda. Information and forms can also be found on the website of the Center for Labor, Social Affairs and the Family.

Pursuant to the Act on the Residence of Aliens, a temporary stay granted entitles a third-country national to stay, travel and re-enter the territory of the Slovak Republic at the time for which it was granted. This means that with a temporary residence permit, it is possible to travel to other countries in the Schengen area.

After being granted residence, the third-country national is obliged to undergo a medical examination and send proof that they do not suffer from a disease that endangers public health to the relevant Foreigners Police Department within 30 days of receiving the residence card.

Examination of foreigners Nitra – Examination of a foreigner for a stay for the foreigner police in Nitra is provided by the outpatient clinic of foreign diseases at Hornočermanská 4 – Expat Clinic s.r.o., a medical examination for foreigners can also be completed without an appointment.

Examination of foreigners in Bratislava and 12 other places is provided by Medical control s.r.o.

Phone number: 0948 350 123

This type of stay is tied to one of the purposes listed in the law. If a foreigner wants to carry out an activity other than that for which they have a temporary residence permit (eg graduated and wants to work), they must submit a new application for a temporary residence permit, unless otherwise provided by law.

After the expiration of the temporary stay, it is possible to request a renewal of the stay for the purpose of employment in the police department, while in addition to submitting the application, an administrative fee of EUR 99.50 must be paid.

EXAMPLE Promise of employment / promise of employment

EXAMPLE Affidavit of Financial Assurance

I, the undersigned First and last name, born ___, passport number: ___, citizenship: ___, permanent residence: ___ I hereby declare that my son / wife / daughter (or another person must be selected) Name and surname, born ___, passport number: ___, citizenship: ___, permanent residence: ___ will provide financially and materially during his / her stay in the territory of the Slovak Republic. Date, place, signature (officially verified)

Official translations of documents

Documents in a foreign language must be officially translated into the Slovak language. The specificity is that official translations should be done by Slovak translators. Such a translation will be performed by a certified translator who is entered in the List of Experts, Interpreters and Translators maintained by the Ministry of Justice of the Slovak Republic. Thus, an official translation made by a translator abroad is not enough, even if the translator is registered in the foreign register. In this case, it is also necessary to provide confirmation from the representative office that the foreign translator is the person authorized to make the translation. An official translation into the Czech language is also sufficient.

This follows from § 126 par. 4 of the Foreigners Residence Act, according to which “Applications and documents required in proceedings under this Act issued in a foreign language shall be submitted by the alien in an official translation into the state language in the original or in an officially certified copy; may also submit documents issued or verified by the competent authorities of the Czech Republic in the Czech language. A foreigner may submit applications and documents issued in a foreign language as well as in an official translation into the Czech language. To translate abroad, the foreigner submits a confirmation from the representative office that the translation was made by an authorized person. The representative office may refuse to issue a certificate if the eligibility of the person who made the translation cannot be reliably verified in the conditions of the representative office’s territorial jurisdiction.”

Signatures on documents for the foreign police

Which signatures on the annexes to the application must be verified is regulated by § 126 par. 5 of the Act on the Residence of Foreigners “Signatures on affidavits, authorizations and lease agreements submitted in proceedings under this Act must be certified; this shall not apply if the power of attorney is declared in the minutes before the administrative authority or if it is an affidavit or power of attorney in administrative expulsion or detention proceedings.”

In practice, we have not officially verified the signatures on the employer’s declarations, with the exception of the honorary declaration of wages (income certificate).

Deadline for decision

The police department shall decide on the application within 90 days of its delivery; in particularly complex cases, it may extend this period. From 1 January 2019, the period is reduced to 30 days in the case of employment with a shortage of labor in the district, where the average registered unemployment rate is less than 5%, or in the case of employees of technology centers.

Please note that the deadline starts from the date of delivery of the application to the Aliens Police. If the application for residence is submitted to the embassy, this period is extended, as the documents are sent together with the application by the embassy to Slovakia by diplomatic mail, which can take about a month in some cases. Subsequently, the mail is further sorted, which stretches the time again.

If there are no reasons to reject the application after receiving the application, the police department will grant temporary residence for the purpose of employment.

Where to apply for a stay

According to the Act on the Residence of Foreigners, a foreigner may apply for residence for the purpose of employment either at the police department or at the representative office abroad. A foreigner may submit an application to the Foreigners Police in the Slovak Republic only if they reside in the territory of the Slovak Republic:

  • on the basis of a valid residence permit
  • granted tolerated stay
  • issued a national visa
  • in the case of a third-country national for whom a visa is not required (eg citizens of Ukraine, Serbia), or
  • in the case of a holder of a Slovak living abroad certificate

A foreigner cannot apply for residence in the territory of the Slovak Republic if they have been issued a Schengen visa “C” (tourist / business). He is required to have a “D” national visa.

The provision of § 125 par. 1 of the Act on the Residence of Foreigners regulates which department of the Foreigners Police is locally competent: „In matters of residence pursuant to this Act, the police department shall act according to the place of residence or presumed residence, unless this Act or a special regulation provides otherwise. In the case of a third-country national who regularly travels across the border from a neighboring country, the police shall act according to the place of employment and, in the case of a third-country national who regularly travels across the border from a neighboring country to a school, police department according to the seat of the school. In justified cases, the Ministry of the Interior may designate a police department other than the first sentence to accept the application for residence or the procedure for granting residence.”

In other cases, the application must be made abroad at a representative office „accredited to the country which issued it the travel document or at a representative office accredited to the country in which they reside.”

Please note that third-country nationals for whom a visa is not required are not entitled to work in Slovakia on the basis of visa-free travel with the Slovak Republic, as long as they are here.

Employment of foreigners and levies

Contributions are paid for an employee – a foreigner from a third country in the same way as for a Slovak citizen. It is necessary to apply for health and social insurance. He chooses the health insurance company from the public insurance system (VŠZP, UNION, Dôvera). The specificity is that before applying, the foreigner will probably have to visit a branch of the health insurance company in order for the insurance company to register it. Only then will the employer be able to register it. In practice, it takes about a week.

Obligations towards UPSVAR

The employer is obliged to report to the Labor Office the commencement, termination of employment of the alien, as well as the non-entry of the alien to work. You can find the form on the website of the Labor Office here:

Together with the residence permit, the Foreigners Police will also issue the employer with a document entitled “Additional employment data.” It states: name, address and identification number of the employer, place of work, type of work performed and period of work performed. In the event of a change in the data on the said document, the third-country national is obliged to inform the police department of this change within 5 working days. If the employer changes, a vacancy must be notified 20 working days in advance (except in the case of a short position, where notification is required but without meeting the deadline 20 working days in advance).

The vacancy report is also required in the following cases of a change in the data on the “Additional employment data” document:

  • place of work
  • change in the type of work performed
  • the period of work is extended

Obligations of the employer when employing a foreigner

  • The employer is obliged to keep a copy of the residence permit or other residence permit for the duration of the employment of the third-country national.
  • The employer is obliged to inform the Labor, Social Affairs and Family Office in writing about the commencement and termination of employment of the third-country national within seven working days from the date of commencement of employment and within seven working days from the date of termination of employment. In the case of employment of a third-country national, the employer is obliged to attach a copy of the employment contract to the information.
  • The employer is obliged to inform the Labor, Social Affairs and Family Office in writing if the third-country national who has been granted a work permit or who has been granted a temporary residence permit on the basis of a vacancy certificate has not taken up employment in seven working days from the day agreed as the day of commencement of work.
  • To register the employee with the health insurance company. (First of all, it is necessary for the foreigner to submit an application to the health insurance company together with the employment contract stating the amount of the salary, or the employment contract and the salary certificate from which the salary amount follows)
  • Register the employee with the social insurance company. (Procedure as for Slovak employees).
  • The employer is obliged to notify the Foreigners Police Department within three working days of the non-entry of a third-country national if he / she has issued a written promise of employment.
  • The employer is obliged to notify the Foreigners Police Department within three working days of the termination of the employment of the third-country national.

In the case of an inspection, it is also necessary for the employer to present the document “Additional employment data” issued by the Foreigners Police Department after the residence has been granted to the foreigner from the third country.

All duties are also listed in the instructions that the foreigner received at the Foreigners Police Department. The instruction also includes the obligation to provide a medical report confirming that the foreigner does not suffer from a disease threatening public health within 30 days from the date of receipt of the foreigner’s residence permit.

Employment of foreigners with a work permit from another country

If a foreigner is granted residence in another EU Member State, this does not entitle him or her to work in Slovakia. If he wants to work for a Slovak employer, it is necessary that he has been granted a residence permit for the purpose of employment by this employer. For example, the mobility of an intra-corporate transferee could be considered: https://www.akmv.sk/zmeny-v-zakone-o-pobyte-cudzincov-od-1.5.2018/#mobilita_statnych_prislusnikov_tretich_krajin

You can read about the change of employer or job position in our article:
https://www.akmv.sk/zmena-pracovnej-pozicie-alebo-zamestnavatela-pocas-platneho-pobytu/

How to employ a foreigner – employment oportunities for foreigners from third countries

With the effect from May 2018, the legal system introduced additional options for Slovak employers regarding the employment of foreigners from third countries. We consider the possibility of training an employee before granting a stay to be the most important. We will illustrate these possibilities in the following text.

10a Training of an employee – a foreigner

In most cases of employment of third-country nationals, temporary residence is required for the purpose of employment on the basis of a vacancy certificate or a work permit, which is a time-consuming process.

In addition, it should be borne in mind that most temporary positions require training for several weeks, sometimes months, after being granted temporary residence and employment. The employee does not have to prove himself and then the whole, several-month process of arranging a temporary stay for the purpose of employment is wasted.

In order to shorten this long process, the Employment Services Act enshrines in § 23a par. 1 letter u) the possibility of training the staff member before granting a temporary stay.

An employer may employ a third-country national “who will be employed for a specified period for the purpose of his training, for a maximum of six consecutive weeks in a calendar year in the case of employment with a shortage of labor in the district” with the average registered unemployment rate for the previous year. less than 5%. It is also a condition that the alien has already “applied for a temporary residence permit for the purpose of employment for the same job.”

So here’s the condition:

  • this is an insufficient position published on the website of the Center for Labor, Social Affairs and the Family
  • the foreigner has submitted an application for temporary residence for the purpose of employment

The list of jobs with labor shortages is published on the website of the Labor, Social Affairs and Family Office.

Here it is appropriate to point out that a foreigner from a third country must be authorized to enter the territory of the Slovak Republic in this case as well. Therefore, if a confirmation of the possibility of filling a vacancy or a work permit is not required, this does not mean that it is not necessary to arrange for his / her authorized entry into the territory of the Slovak Republic.

A temporary stay of up to 90 days is not required, which follows from § 23 par. 6 of the Aliens Residence Act, according to which “Temporary residence for the purpose of employment is not required within 90 days from the beginning of the stay in the Slovak Republic if the third-country national meets the conditions for residence according to a special regulation (note Article 6 of Regulation (EU) 2016 / 399 as amended), fulfilled the obligation under § 111 par. 2 letter (a) and is employed for a specified period for the purpose of his training in the case of short-term employment and has applied for a temporary residence permit for the same post.”

10b In-house redeployment of managers and trainees

One of the possibilities of temporary residence for the purpose of employment is also an internal transfer. According to the provisions of § 2 par. 1 letter (s) intra-corporate transfer means a „temporary posting for more than 90 days of a third-country national for employment or training who is outside the territory of the Slovak Republic and the Member States at the time of application for temporary residence by an employer established outside the Slovak Republic and Member States with which the third-country national has an employment contract before and during the transfer, to the same employer or to an employer within the same group of employers established in the Slovak Republic.”

Please note, however, that in this way it is possible to employ only managers, respectively. qualified professionals or trainees.

Temporary residence may be granted for a maximum of three years in the case of a manager or professional, and for a maximum of one year in the case of a trainee.

10c Delivery of goods or services under a commercial contract

To a certain extent, the performance of work by foreigners from third countries is also possible on the basis of a business agreement between a company in Slovakia and an employer in a country outside the European Union. According to § 23a par. 1 of the Employment Services Act “An employer may employ a third-country national who, under a commercial contract, supplies goods or services and supplies or carries out assembly, warranty and repair work, work relating to the setting up of production equipment systems, or in connection with the supply of goods or services, carries out programming work or professional training, provided that the duration of his employment relationship or secondment does not exceed a total of 90 days in a calendar year.”

In this context, we point out that the performance of work under such a commercial contract is not suitable for any type of work, but it is necessary to adhere to the above definition. This provision comes into play, for example, when a Slovak company buys a new machine in a third country and then the employees of the supplier of the new machine need to come to assemble, set up and train local employees. However, the provision is not suitable, for example, for a situation where employees from third countries should be sent to a Slovak employer to carry out normal work in belt production and the like.

We recommend that you consult in advance with an expert in the given area, as well as with the relevant labor office, about the choice of employment opportunities for foreigners.

10d Expiration of posting option

In conclusion, we would like to point out that the amendment to the Employment Services Act no longer makes it possible to send foreigners in accordance with the procedure described in our article here.

Employment of an alien on the basis of a certificate of the possibility of filling a vacancy

  • on the basis of a confirmation of the possibility of filling the vacancy
  • on the basis of a work permit or
  • if neither a certificate nor a work permit is required

An employee who wants to employ an alien on the basis of a confirmation of the possibility of filling a vacancy is obliged to notify the vacancies, their number and characteristics of the Labor, Social Affairs and Family Office in writing at least 20 working days before applying for a temporary residence permit. as Ú ÚPSVaR ’). The job offer is published on the website www.istp.sk. Please note that it is necessary to tick in the offer that (i) the job is also suitable for a third-country national and that (ii) it is not a highly qualified employee (a blue card requires recognition of a diploma, which will take the whole process several weeks).

We would also like to point out that a vacancy must be reported from 1 January 2019 in any case, ie even if the situation on the labor market is not taken into account when filling the post.

WARNING! Change from 1.2.2022: Instead of the istp.sk portal, it is necessary to report a vacancy to the https://sluzbyzamestnanosti.gov.sk/ portal

“If you require cooperation with the employment office when advertising vacancies, e.g. you are dealing with permits for third-country nationals or you require employees of employment offices to print recommendations on your job offer to jobseekers who are registered, it will be necessary to use the new portal sluzbyzamestnanosti.gov.sk from 1.2.2022, as the link between ISTP and labor offices end 28.1.2022 after 16:00 Tenders for third-country nationals advertised in the ISTP before this deadline will be accepted. It will no longer be possible to modify and extend them in the ISTP. However, if you are also looking for Slovak applicants, we recommend making a copy of such an advertisement and deleting the original one. If you do not delete the offer, it will be canceled automatically upon expiration of the validity date (which was set for a two-month period from the date of notification). “(Source: istp.sk)

The ÚPSVaR, locally competent according to the place where the alien will perform the work, will issue a confirmation of the possibility of filling the vacancy within five days at the request of the Aliens Police Department of the PZ (hereinafter referred to as the “OCP”). The confirmation contains the consent or disagreement with the occupation of the vacancy by a foreigner.

The ÚPSVaR will issue a consent certificate on the possibility of filling a vacancy if the vacancy cannot be filled by jobseekers kept in the register of jobseekers, while the ÚPSVaR takes into account the situation on the labor market.

The practical procedure is such that the employer notifies the ÚPSVaR of the vacancy; after at least 20 working days from the publication of the vacancy, the alien may apply for a temporary residence permit at the OCP for the purpose of employment. After submitting the application, the OCP will request the ÚPSVaR to issue a certificate on the possibility of filling the vacancy. Consent confirmation is a condition for granting a temporary stay for the purpose of employment. The applicant thus does not communicate with the ÚPSVaR and does not submit anything to the Labor Office, everything is arranged by the OCP.

As of 1 January 2019, the condition for issuing a certificate of the possibility of filling a vacancy is that the employer who wants to hire a third-country national has not violated the prohibition of illegal employment in the five years prior to the application.

The situation is simplified in the following cases when the ÚPSVaR issues this consent without taking into account the situation on the labor market in the case of a third-country national who exercises in the Slovak Republic:

  • continuous educational activity or
  • scientific activity as a teaching staff member, university teacher, researcher or university researcher, research staff or development staff in research activities, or
  • in the case of a third-country national pursuant to paragraph 8 (a) b) and c), i. a third-country national with a university degree who conducts training (internships) for the purpose of professional development or the acquisition of knowledge in business management, a third-country national who, as part of an intra-corporate transfer, performs the function of manager or specialist knowledge, skills, abilities, knowledge, qualifications and experience necessary for operations or management

Another exception, when the ÚPSVaR gives its consent without further examination of the situation on the labor market (without the need to comply with the above-mentioned 20 days) is the case of third-country nationals in the district pursuant to § 12 para. ai). A list of these shortcomings can be found on the website of the Center for Labor, Social Affairs and the Family. However, it is a further condition that the employer wishing to recruit such an alien employee employs less than 30% of the third-country nationals, with the total number of employees being agreed in an employment relationship agreed for at least half of the established weekly staff. working time. In order to meet this condition, one of the annexes is a solemn declaration of the employer. This solemn declaration is made on the official form of the Center for Labor, Social Affairs and the Family.

The conditions in the case of seasonal employment and intra-company transfer are regulated in § 21b par. 4 of the Employment Services Act. The Employment Services Act also regulates the conditions for revoking the issued certificate of the possibility of filling a vacancy.

In summary: In this case, the foreigner does not apply to the employment office for a work permit, but only for a temporary residence for the purpose of employment. This temporary residence is issued by the relevant police department for a maximum of 2 years (exceptions are provided for in this article). The granting of this special-purpose stay is preceded by a series of steps on the part of both the employee and the employer. If the employer wants to employ a foreigner, he is obliged to report the vacancy to the relevant labor office via ostp.sk within 20 working days before the foreigner submits the application for temporary residence. The exception is the case of insufficient position. After 20 working days, the employer will issue a promise of employment or conclude an employment contract with the foreigner. After 20 days from the registration of the vacancy by the employer (unless it is an insufficient position), the foreigner submits an application for temporary residence, either to the police department or to the embassy of the Slovak Republic abroad. The application must include an employment contract or promise of employment (as proof of purpose of stay), a valid travel document, 2 photographs measuring 3 x 3.5 cm, proof of financial security of residence, proof of good faith, proof of accommodation (i.e. title deed or an extract from the title deed from the real estate cadastre issued in the name of a foreigner, a lease agreement with the owner or user of the property and an extract from the title deed or other document proving the right to use the property, confirmation of accommodation accommodation to a foreigner in the territory of the Slovak Republic and an extract from the title deed or a document proving the right to use the property) and an administrative fee.

Employment of a foreigner on the basis of an employment permit

In cases stipulated by law, a confirmation of the possibility of filling a vacancy is not required, but a work permit.

The ÚPSVaR may grant a work permit on the basis of a written request from a third-country national or employer if the vacancy cannot be filled by a jobseeker kept in the register of jobseekers.

The condition is that the employer must not have violated the prohibition of illegal employment during the five years prior to the application for an employment permit.

In the following cases, it is necessary to notify the vacancy at least ten working days before submitting the application for a work permit (Section 22 (2)), if the foreigner:

  1. will be employed for seasonal employment for a maximum of 90 days for 12 consecutive months
  2. 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
  3. 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
  4. 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, within a period of 12 months from the beginning of residence in the Slovak Republic

Seasonal employment for the purposes of this Act is an activity whose performance does not exceed 180 days for 12 consecutive months and is linked to a certain period of the year by a recurring event or a recurring sequence of events associated with seasonal conditions during which a significantly higher volume of work is required. The list of seasonal employment sectors shall be established by a generally binding legal regulation issued by the Ministry.

The application for a work permit is submitted on the prescribed form together with the appendices pursuant to § 22 par. 3 of the Employment Services Act:

  • an employment contract or a written promise from the employer to be recruited, which contains the details of the employment contract
  • a decision on the recognition of a third-country national’s diploma or proof of required education in an official translation into the state language in the original or in an officially certified copy or in an official translation into Czech, on which the embassy indicates compliance of the translation with the original provided with a higher verification clause, unless an international agreement provides otherwise, or a document on the required education issued or verified by the competent authorities of the Czech Republic in the Czech language, if it is a regulated profession
  • if the application is submitted by the employer and the written consent of the third-country national with the application together with the verification of 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
  • proof of residence for the purpose of family reunification
  • a copy of the document proving the granted status of a long-term resident in a Member State of the European Union

Attached to the application is also a document on accommodation, as well as a document proving health insurance.

The deadline for issuing a work permit is:

  • 20 working days from the date of receipt of the request
  • within ten working days of the date of delivery for seasonal employment, in the case of a third-country national who has been granted a seasonal employment permit or a temporary seasonal residence permit during the five years preceding the application. In this case, the alien or his employer first submits an application for a work permit and, after granting it, submits an application for a temporary residence permit for the purpose of employment at the relevant OCP.

At the request of the third-country national, the Office may extend the work permit for a maximum of two years, even repeatedly. The Office may, at the request of a third-country national, renew the work permit for seasonal employment once if the work permit has been granted for less than 90 days, the total duration of the work permit not exceeding 90 days for 12 consecutive months; this also applies to employment with another employer.

In this case, the alien or his employer first submits an application for an employment permit at the relevant labor office and, after granting it, submits an application for a temporary residence permit for the purpose of employment at the relevant OCP.

This point also applies if the foreigner has the status of a long-term resident in another Member State after 12 months from the beginning of the stay in the Slovak Republic (eg in the Czech Republic, such a stay can be applied for at the Ministry of the Interior of the Czech Republic) – then the police department will grant him a temporary stay for the time needed to achieve the purpose, for a maximum of 5 years. The granted temporary stay is not required for such an alien within 90 days from the beginning of the stay in the territory of the Slovak Republic, if he fulfills the obligation to report to the Police Department the beginning, place and expected length of stay. The procedure of both the employer and the foreigner is similar to the case of confirmation of the possibility of filling a vacancy, but the deadlines are reduced to 15 days and the administrative fee is not paid for the application. If the alien meets the above conditions, he / she can apply for a work permit (in the form of a form). The application for a permit must contain the following: a valid travel document, an employment contract or the employer’s promise to accept a foreigner, a decision on recognition of a diploma / certificate of highest educational attainment, a copy of a document proving the long-term resident’s status Member State of the European Union. The Police Department shall issue a work permit for the period set out in this Article below.

Employment of a foreigner for whom neither a confirmation of the possibility of filling a vacancy nor a work permit is required

The Employment Services Act in Section 23a contains several dozen exceptions where it is possible to employ an alien without the need for confirmation of the possibility of filling a vacancy or a work permit. Exceptions apply to the following cases of an alien from a third country:

  1. who has been granted permanent residence in the territory of the Slovak Republic
  2. who 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, after 12 months from the beginning of the stay in the territory of the Slovak Republic
  3. who has been granted temporary residence for the purpose of family reunification
    1. after the expiration of 12 months of continuous residence in the territory of the Slovak Republic from the granting of temporary residence for the purpose of family reunification
    1. who is a family member of the blue card holder
    1. who is a family member of a third-country national according to § 21 par. 8 letter b or c) or ah)
    1. who is a family member of a third-country national within the meaning of letter f)
  4. who is a family member of a citizen of a Member State of the European Union and who has the right to reside in the territory of the Slovak Republic
  5. who is granted a temporary stay for the purpose of study, unless a special regulation provides otherwise, and the performance of his work does not exceed 10 hours per week for all employers or 20 hours per week if he is a university student, or the corresponding number of days or months per year
  6. who is granted temporary residence for the purpose of research and development, unless a special regulation provides otherwise, and
    1. which carries out research or development on the basis of a hosting agreement; or
    1. whose pedagogical activity in an employment relationship or similar employment relationship does not exceed a total of 50 days in a calendar year
  7. who has been granted temporary residence of a third-country national who has the status of a Slovak living abroad
  8. who is an asylum seeker and is allowed to enter the labor market by a special regulation
  9. who has been granted asylum
  10. who has been granted subsidiary protection
  11. who has been granted temporary refuge
  12. if the duration of his employment or secondment does not exceed a total of 30 days in a calendar year and which is
  13. who ensures the supply of goods or services on the basis of a commercial contract and supplies these goods or carries out assembly, warranty and repair work, work related to setting up production equipment systems or carries out programming work or professional training in connection with the supply of goods or services, if the duration of his posting does not exceed a total of 90 days in a calendar year
  14. who is admitted to an employment relationship on the basis of an international agreement by which the Slovak Republic is bound and which stipulates that the admission of a third-country national to an employment relationship does not require an employment permit
  15. who is a family member of a member of a diplomatic mission, employee of a consular office or an employee of an international governmental organization established in the territory of the Slovak Republic, if an international agreement concluded on behalf of the Government of the Slovak Republic guarantees reciprocity
  16. who is a member of the rescue team and provides assistance under the interstate agreement on mutual assistance in dealing with the consequences of accidents and natural disasters and in cases of humanitarian aid
  17. who is a member of the armed forces or of a civilian component of the armed forces of the sending State
  18. who carries out professional practice or training according to special regulations in schools or school facilities
  19. who has successfully completed secondary school studies or university studies in the territory of the Slovak Republic
  20. who will be employed for a specified period for the purpose of his training, for a maximum of six consecutive weeks in a calendar year, if it is the performance of employment with a shortage of labor in the district according to § 12 letter. (ai) and who has lodged an application for temporary residence for the same post
  21. who has not reached the age of 26 and who will be employed in casual and time-limited work in school exchanges or in youth or education programs in which the Slovak Republic participates
  22. posted by an employer established in a Member State of the European Union in the course of the provision of services provided by that employer
  23. who is a partner of a company, a statutory body of a company or a member of a statutory body of a company which performs tasks for a company to which investment aid has been granted by carrying out activities during the period for which the decision to grant investment aid was issued
  24. who, for a commercial company to which investment aid has been granted, ensures the supply of goods or services on the basis of a commercial contract and supplies or carries out assembly, warranty and repair work, work related to setting up production systems, programming work or professional training, during period for which the decision to grant investment aid was issued
  25. who is employed in international public transport if he is posted to his work by his foreign employer
  26. who carries on business for a legal person which has been issued with a significant investment certificate, and who
    1. manages the legal person or its organizational unit; or
    1. has exceptional professional knowledge, skills, abilities or knowledge necessary for the operation of the company, research techniques or management, if the performance of this activity does not exceed a total of 90 days in a calendar year
  27. who is accredited in the field of media
  28. who has been extended for a tolerated stay because he is a victim of trafficking
  29. who has been granted tolerated residence due to respect for his private and family life
  30. who has been granted tolerated residence due to illegal employment under particularly exploitative working conditions, if his presence is necessary for the purposes of criminal proceedings
  31. who carries out clerical work on behalf of a registered church or religious society
  32. who is issued with a national visa, and
    1. who is covered by the working holiday program approved by the Government of the Slovak Republic
    1. who participates in the implementation of a film project in the territory of the Slovak Republic or
    1. is the interest of the Slovak Republic, which was approved by the Government of the Slovak Republic
  33. who works temporarily with him on the basis of mobility
    1. from an employer in a Member State of the European Union in the context of an intra – corporate transfer, or
    1. who carries out research and development on the basis of a hosting agreement or whose teaching activity does not exceed a total of 50 days in a calendar year
  34. whose work at all employers does not exceed 20 hours per week or the corresponding number of days or months per year, in the case of a university student who resides in the territory of the Slovak Republic on the basis of mobility
  35. who provides professional training for the business services center, if the duration of his employment relationship with the business services center does not exceed a total of 90 days in a calendar year

Employment of Indian citizens in Slovakia

The specific case we encountered was the employment of an Indian citizen. Although he is a third-country national and the procedure is basically the same for these foreigners, we have encountered certain specificities with an Indian citizen.

India is a member of the Hague Apostille Convention and therefore superlegalization of documents is not necessary.

Pursuant to the Foreigners Residence Act, a third-country national proves his / her integrity by an extract from the criminal record of the State of which he / she is a national and of the State in which the third-country national has resided for more than 90 days in the last three months for six consecutive months. If such an extract is not issued in that State, it may be replaced by an equivalent document issued by the competent judicial or administrative authority of the country of origin or by a solemn declaration made by the third-country national before the competent judicial or administrative authority or by a notary of the country of origin or residence. The certificate of good repute must prove good repute throughout the territory of the issuing state, otherwise the police department will not accept such a document.

As a criminal record is not issued in India proving integrity throughout the territory of India (issued for individual territories only), the affidavit mentioned in the previous paragraph must be provided in addition to the criminal record.

Application for a European Union Blue Card

The Blue Card entitles an alien to enter, stay, work in the territory of the Slovak Republic, leave the territory of the Slovak Republic and re-enter the territory of the Slovak Republic. The blue card is issued upon request by the police department for the purpose of highly qualified employment.

This is a job for the performance of which a higher professional qualification is required, which is evidenced by a certificate of higher education. A blue card for highly qualified employment is issued for four years or, if the period of employment is less than four years, the police will issue a blue card for a period of employment extended by 90 days.

The disadvantage of this process is that the recognition of a certificate of education in the Slovak Republic is required, which means a significant extension of the entire process of processing residence documents.

Employment of a foreigner by a temporary employment agency

One of the conditions is that the temporary employment agency has been operating for at least three years before applying for a temporary residence permit or renewal.

You can read about the establishment of a temporary employment agency here: https://www.akmv.sk/zalozenie-agentury-docasneho-zamestnavania-adz/

Employment of EU citizens

In this article, we have focused on the employment of third-country nationals (outside the EU). You can read about the employment of EU citizens in our article here: https://www.akmv.sk/zamestnavanie-cudzincov-z-europskej-unie/

Conclusion

Temporary residence may be granted for one of the following purposes specified in the Act on the Residence of Aliens, most often for the purpose of employment, business, study, family reunification, etc. If an alien wants to carry out an activity other than that for which he / she has a temporary residence permit (eg he / she has graduated and wants to work), he / she must submit a new application for a temporary residence permit. Please also read our article on whether it is possible to do business or work in the event of a temporary stay for the purpose of family reunification.

Contact us.

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