Temporary Residence of Foreign Nationals for the Purpose of Employment

Given the current labor market situation, an increasing number of employers are interested in the possibility of hiring foreign nationals from countries outside the European Union – so-called third countries. The employment of third-country nationals with a place of work in the Slovak Republic is primarily regulated by Act No. 5/2004 Coll. on Employment Services and on the Amendment of Certain Acts, as amended (hereinafter referred to as the “Employment Services Act”), and by Act No. 404/2011 Coll. on the Residence of Foreign Nationals and on the Amendment of Certain Acts, as amended (hereinafter referred to as the “Foreign Nationals Residence Act”). In this article, we will outline the most common options for employing such foreign nationals.

Content

A new development as of July 15, 2024 is that a foreign national may begin working from the date of validity of the confirmation on the possibility of filling a vacant job position until the final conclusion of the proceedings on granting temporary residence for the purpose of employment, or on the renewal of residence for the purpose of employment, provided that:

  • the labor office has issued confirmation of the possibility of filling the vacancy, which includes approval for the position to be filled, and at the same time,
  • the foreign national has submitted a complete application for the granting of temporary residence for the purpose of employment, together with all required documents.

For How Long is Temporary Residence Granted?

The maximum period for which temporary residence for the purpose of employment may be granted is five years. Thereafter, it is possible to apply for the renewal of temporary residence.

Employer’s Obligations

The employer is obliged to:

  • request from the third-country national, prior to their employment, a copy of the confirmation of receipt of the application for the granting of temporary residence for the purpose of employment, or a copy of the confirmation of receipt of the application for the renewal of temporary residence for the purpose of employment, confirming that the application has been duly submitted with all required documentation;
  • notify the competent labor office of both the commencement and termination of employment, as well as of any failure to commence work, within seven working days (a designated form is available for fulfilling this obligation). The employer must attach to the written notification a copy of the employment contract and a copy of the confirmation of receipt of the application for the granting or renewal of temporary residence for the purpose of employment. In cases of temporary assignment, this obligation is transferred to the user employer;
  • provide the foreign national, no later than on the day of commencing employment, with a copy of the confirmation of the possibility of filling the vacant job position.

A Colombian citizen is applying for temporary residence for the purpose of employment. The application includes an apostilled extract from the criminal register issued in Colombia. However, Colombia issues apostilles exclusively in electronic form.

How should we proceed to ensure that the application for residence is complete? Is it sufficient to simply print out this apostille and submit it together with the extract?

As part of submitting the application, it is sufficient to print the extract from the criminal register together with the apostille. The competent authority, in the course of assessing the application, evaluates whether the submitted documents can be accepted. We have on record a diplomatic note from the Embassy of Colombia in Vienna, informing us that they issue electronic apostilles and explaining the method by which their validity can be verified. If the submitted extract meets the prescribed requirements, there will be no reason to suspend the proceedings. Should any doubts arise regarding the submitted document, your client will be requested to provide additional documentation.”
Source: RHCP BA

Employment of Foreign Nationals through a Temporary Employment Agency as of September 1, 2025

As a general rule, temporary employment agencies may assign a foreign national only if:

  • the agency has been carrying out its activity for at least three years prior to the submission of the residence application; and
  • the foreign national has been issued confirmation of the possibility of filling a vacant job position, which includes approval for the position to be filled, and has submitted an application for the granting of temporary residence for the purpose of employment or an application for the renewal of temporary residence for the purpose of employment, together with all required documents, valid from the date of issuance of the confirmation until the final conclusion of the proceedings on granting or renewing temporary residence for the purpose of employment;
  • the employment concerns a shortage occupation in the respective region pursuant to § 12 letter ad).

This follows from § 21(4) of the Employment Services Act:

“An employer or a temporary employment agency may not temporarily assign a third-country national referred to in paragraph 1, letters a) to h), to perform work for a user employer. A temporary employment agency that has been carrying out its activity for at least three years prior to the submission of an application pursuant to § 21b(1)(a) may temporarily assign a third-country national referred to in paragraph 1, letter b) or letter h), to perform work for a user employer in an occupation with a shortage of labor in the region pursuant to § 12, letter ad). A temporary employment agency under the second sentence may, within the granted temporary residence for the purpose of employment, after the end of the temporary assignment, temporarily assign a third-country national referred to in paragraph 1, letter b) one additional time, under at least equally favorable wage conditions, to another user employer, on the basis of confirmation of the possibility of filling a vacant job position that includes approval for the position to be filled, pursuant to § 21b(1)(b).”

The user employer (i.e., the employer to whom the foreign national is to be temporarily assigned by the employment agency) is required to publish the job vacancy.

If the number of third-country nationals employed by the user employer, including those temporarily assigned, does not exceed 45% of the total number of employees, the labor office does not assess the labor market situation.

However, if this threshold of 45% of the total workforce is exceeded, the labor office will assess the situation. In such a case, the vacancy must be published for at least 20 working days prior to the submission of the application to the labor office for the issuance of confirmation of the possibility of filling the vacancy.

A specific feature in cases of agencies and temporary assignments, as mentioned above, is that the employer’s consent is explicitly stated in the approval. Moreover, when applying for confirmation of the possibility of filling the vacancy, the labor office may also request a copy of the agreement on the temporary assignment of employees between the temporary employment agency and the user employer, if the office so requires.

Changes to Data in the Issued Confirmation of the Possibility of Filling a Job Vacancy

All changes in the issued confirmation must be reported to the labor office. It is important to distinguish what type of changes are involved.

If the changes have no impact on the validity of the confirmation (formal changes – the Central Office of Labor lists on its Slovak website examples such as: change of surname of the third-country national, change of nationality, change of document numbers, change/addition of workplace within the territorial jurisdiction of the office, change of employer’s registered office, increase in salary), it is not necessary to request the issuance of a new confirmation.

However, if the changes are significant (in particular: change of employer, change in the type of work performed, decrease in salary), it is necessary to contact the labor office again and request the issuance of a new confirmation.
Source: upsvr.gov.sk

Employment of Foreign Nationals until September 1, 2025

According to § 21(1) of the Employment Services Act, an employer may employ a third-country national who:

  • holds an EU Blue Card;
  • has been granted temporary residence for the purpose of employment on the basis of confirmation of the possibility of filling a vacant job position;
  • has been granted a work permit and temporary residence for the purpose of employment;
  • has been granted a work permit and temporary residence for the purpose of family reunification;
  • has been granted a work permit and temporary residence as a third-country national who has been granted long-term resident status in an EU Member State;
  • has been issued confirmation of the possibility of filling a vacancy corresponding to highly qualified employment, which includes approval for the position to be filled, and has submitted an application for the issuance or renewal of an EU Blue Card together with all required documentation under a special regulation, valid from the date of issuance of the confirmation until the final conclusion of the proceedings on the issuance or renewal of the EU Blue Card;
  • has been issued confirmation of the possibility of filling a vacant job position, which includes approval for the position to be filled, and has submitted an application for the granting or renewal of temporary residence for the purpose of employment, together with all required documentation under a special regulation, valid from the date of issuance of the confirmation until the final conclusion of the proceedings on the granting or renewal of temporary residence for the purpose of employment; or
  • meets the conditions under § 23a.

It should be noted that employment of a third-country national, as outlined above, is possible only under an employment contract (and not under an agreement on work performed outside an employment relationship). This follows from § 21(2) of the Employment Services Act, which states: “A third-country national referred to in paragraph 1, letters a) to e), may only be employed under an employment relationship.”

For the employment of foreign nationals exceeding 90 days, it is necessary to obtain not only authorization from the labor office but also a residence permit.

Duration of Temporary Residence for the Purpose of Employment

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

An exception applies in the case of seasonal employment, where residence is granted for a maximum of 240 days within 12 consecutive months. If the foreign national’s travel document is valid for less than 240 days, the police department will grant temporary residence only for the period of validity of the travel document.

In the case of intra-corporate transfers, residence may be granted for a maximum of three years for a manager or specialist, and for a maximum of one year for an employee–trainee.

For more information on residence for intra-corporate transfers.

Further details are also available in our article: Amendments to the Foreign Nationals Residence Act – Part I.

However, it is also necessary to take into account § 21b(8) of the Employment Services Act, which specifies the length of residence granted where confirmation of the possibility of filling a vacant job position is required, since such confirmation is issued for a maximum period of:

  • 240 days within 12 consecutive months, in the case of seasonal employment;
  • one year, for a third-country national with higher education who, as part of an intra-corporate transfer, is undergoing professional training (internship) for the purpose of professional development or acquiring knowledge in business management;
  • three years, for a third-country national who, as part of an intra-corporate transfer, performs the role of a manager or specialist requiring exceptional expertise, skills, abilities, knowledge, qualifications, and experience essential for the operation or management of the business;
  • five years, if provided by an international treaty binding on the Slovak Republic, or, in the absence thereof, if reciprocity is guaranteed;
  • two years, if none of the above cases apply.

Thus, if confirmation is issued with a validity of two years, the temporary residence permit will likewise be granted only for a period of two years.

Documents Required to Obtain Temporary Residence for the Purpose of Employment

Documents attached to the application must not be older than 90 days, with the exception of civil status documents. All documents must be originals or notarized copies, and if issued abroad, they must also be apostilled or superlegalized, depending on the country of issuance.

The third-country national must submit the application for temporary residence on the official form. At the time of submission, they are required to present a valid travel document. In the case of temporary residence for the purpose of employment based on confirmation of the possibility of filling a vacant job position (so-called single permit for residence and work), it is not necessary for all documents to be complete at the time of submission—the missing documents may be provided later. This differs from other types of residence permits, where incomplete applications are not accepted. However, the advantage of submitting a complete application is that the foreign national may start working immediately after submission, without waiting for the residence permit to be granted.

List of documents required when applying for temporary residence for the purpose of employment:

  • a completed application form “Application for the Granting of Temporary Residence” (must be completed in Slovak);
  • a valid travel document (for inspection only);
  • documents proving the purpose of residence:
    • in the case of an application for temporary residence for the purpose of employment based on confirmation of the possibility of filling a vacancy (the so-called single permit), it is not necessary to prove the purpose of residence;
    • in the case of other applications – a work permit (issued by the competent labor, social affairs, and family office according to the place of employment), or an employer’s confirmation that the third-country national will carry out an activity not requiring a work permit, or an international treaty binding on the Slovak Republic that provides that no work permit or confirmation of the possibility of filling a vacancy is required;
  • an extract from the criminal register of the state of nationality and of any state in which the foreign national has resided for more than 90 days during the past three consecutive years (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 sworn declaration made before a competent judicial or administrative authority, or a notary of the country of origin or last residence). Each extract must be apostilled or superlegalized and subsequently officially translated into Slovak (except for documents issued in Czech). The translation must be certified either by a Slovak court translator or by the Slovak diplomatic mission competent to receive the application for residence (the certified translation must bear an authentication clause confirming conformity with the original);
  • a document in Slovak proving accommodation in Slovakia for at least six months of the temporary residence; in the case of a shorter stay, accommodation must be proven for the entire duration of residence;
  • payment of the administrative fee.

Proof of Accommodation: Accommodation must be proven by submitting one of the following documents:

  • a sworn statement by the foreign national on ownership of real estate;
  • a lease agreement with the owner or lawful user of the property, together with proof of the right to use the property, if the agreement is with a user of the property;
  • a certificate from an accommodation facility confirming the provision of accommodation; or
  • a sworn statement by a natural person or legal entity confirming that accommodation is provided to the foreign national in the territory of the Slovak Republic, together with proof of the right to use the property, if the statement is made by the user of the property.

Signatures on the accommodation document must be officially certified.

Accommodation must be secured for a period of at least six months from the granting of residence (not from the submission of the application). It should also be noted that in some cases the validity of the accommodation document affects the validity of the residence card: „A third-country national who has been granted temporary residence shall be issued a residence card by the police department with validity corresponding to the duration of the granted residence; if accommodation has been secured for a shorter period than the granted residence, the residence card shall be issued with validity corresponding to the period of secured accommodation.”

All changes in the issued residence document (including a change of address of the foreign national) must be reported to the Foreign Police within five working days. This follows from § 111(1)(g) of the Foreign Nationals Residence Act: “A third-country national is obliged to notify the police department of a change in name, surname, marital status, nationality, data in the travel document within five working days of the change, and the replacement of the travel document.

An individual may enter into an employment relationship only from the first day of validity of the temporary residence permit for the purpose of employment. Employment of a third-country national who has been granted a work permit is possible only in the form of an employment contract concluded in writing. The work permit is tied to a specific employer, type of activity, and place of work.

If the foreign national does not commence employment after being granted residence, the employer is obliged to notify the competent Foreign Police Department of this fact, or return the residence card if it has already been issued, and also notify the labor office. There is no prescribed form for such notification, nor any official form to be used.

For more on the employer’s obligations after the granting of residence, see our separate article.

Further information on temporary residence can be found here: www.minv.sk/?pobyt-cudzinca or www.minv.sk/?cudzinecka-agenda. Information and forms are also available on the website of the Central Office of Labor, Social Affairs, and Family.

Pursuant to the Foreign Nationals Residence Act, a granted temporary residence entitles a third-country national to reside, leave, and re-enter the territory of the Slovak Republic during the period for which residence has been granted. This means that with granted temporary residence, travel to other countries of the Schengen Area is also possible.

After being granted residence, a third-country national is obliged to undergo a medical examination and submit proof that they do not suffer from a disease endangering public health to the competent Foreign Police Department within 30 days from receipt of the residence card.

Medical examinations for foreigners in Zlaté Moravce are available even without an appointment.


Tel.: +421 948 350 123

This type of residence is tied to one of the specific purposes listed in the Act. If the foreign national wishes to carry out an activity other than the one for which the temporary residence permit was granted (e.g., after completing studies they wish to enter employment), a new application for temporary residence must be submitted, unless otherwise provided by law.

Upon expiry of the temporary residence, an application for renewal of residence for the purpose of employment may be filed with the police department, and in addition to the application, the administrative fee must be paid.

Sample Employment Commitment / Commitment to Hire

The current form of the commitment to hire / employment commitment can be found on the website of the Labor Office.

Sample Affidavit of Financial Support

AFFIDAVIT I, the undersigned, Name and Surname, born on ___, passport number: ___, nationality: ___, permanent residence: ___, hereby solemnly declare that I will provide financial and material support to my son / wife / daughter (or another person – as applicable), Name and Surname, born on ___, passport number: ___, nationality: ___, permanent residence: ___, for the entire duration of his / her stay in the territory of the Slovak Republic. Date, place, signature (officially certified)

Official Translations of Documents

Documents in a foreign language must be officially translated into Slovak. A specific requirement is that official translations should be carried out by Slovak translators. Such a translation must be done by a court-appointed translator who is registered in the List of Experts, Interpreters, and Translators maintained by the Ministry of Justice of the Slovak Republic.

It is not sufficient to provide only an official translation prepared by a translator abroad, even if that translator is registered in a foreign registry of translators. In such cases, it is also necessary to submit confirmation from the Slovak diplomatic mission that the foreign translator is authorized to produce translations. An official translation into the Czech language is also acceptable.

This requirement follows from § 126(4) of the Foreign Nationals Residence Act, which states: “Applications and documents required in proceedings under this Act issued in a foreign language must be submitted by the foreign national in an official translation into the state language, in the original or in an officially certified copy; documents issued or certified by the competent authorities of the Czech Republic in the Czech language may also be submitted. A foreign national may also submit applications and documents issued in a foreign language in an official translation into the Czech language. For a translation prepared abroad, the foreign national must submit confirmation from the diplomatic mission that the translation was prepared by an authorized person. The diplomatic mission may refuse to issue confirmation if the authorization of the person who prepared the translation cannot be reliably verified within the territorial jurisdiction of the mission.”

Signatures on Documents for the Foreign Police

The signatures on attachments to the application that must be certified are regulated by § 126(5) of the Foreign Nationals Residence Act: „Signatures on affidavits, powers of attorney, and lease agreements submitted in proceedings under this Act must be certified; this does not apply if the power of attorney is declared into the record before the administrative authority or if it concerns an affidavit or power of attorney in proceedings on administrative expulsion or detention.”

In practice, signatures on employer’s statements have generally not required official certification, with the exception of an affidavit on salary (income confirmation).

Decision Period

The police department shall decide on the application within 60 days from its delivery. In the case of employment in shortage occupations in a district where the average registered unemployment rate is below 5%, or in the case of employees of technology centers, the decision must be made within 30 days.

It should be noted that the period begins to run from the date the application is delivered to the Foreign Police. If the residence application is submitted at a diplomatic mission abroad, this period is extended, as the mission sends the documents together with the application by diplomatic mail to Slovakia, which in some cases may take around a month. The mail is then further sorted, which again extends the time.

If there are no grounds for rejection after submission of the application, the police department will grant temporary residence for the purpose of employment.

Where to Submit a Residence Application

Under the Foreign Nationals Residence Act, a foreign national may submit an application for residence for the purpose of employment either at a police department in Slovakia or at a diplomatic mission abroad.

In Slovakia, a foreign national may submit an application to the Foreign Police only if they are residing in the territory of the Slovak Republic on the basis of:

  • a valid residence permit,
  • granted tolerated residence,
  • granted national visa,
  • if they are a third-country national not required to hold a visa (e.g., citizens of Ukraine, Serbia), or
  • if they are a holder of a Certificate of a Slovak Living Abroad.

A foreign national cannot apply for residence in the territory of Slovakia if they are only holding Schengen visa “C” (tourist / business). In such cases, they must have been granted a national visa “D.”

According to § 125(1) of the Foreign Nationals Residence Act, the competent Foreign Police Department is determined as follows: “In matters of residence under this Act, the police department with jurisdiction over the place of residence or intended residence shall act, unless otherwise provided by this Act or a special regulation. If the third-country national regularly commutes to work across the state border from a neighboring country, the competent police department shall be the one with jurisdiction over the place of employment; and if the third-country national regularly commutes across the state border from a neighboring country to attend school, the competent police department shall be the one with jurisdiction over the school. In justified cases, the Ministry of the Interior may designate another police department as competent to receive the residence application or to conduct the residence proceedings.”

In all other cases, the application must be submitted abroad at the diplomatic mission accredited for the state that issued the foreign national’s travel document, or at the diplomatic mission accredited for the state of residence.

It should be noted that third-country nationals who do not require a visa are not authorized to work in Slovakia solely on the basis of visa-free entry, even if they are present in the country.

When submitting an application for temporary residence for the purpose of employment, in the reservation system select the option: “1. Application for Granting of Residence – Employment.”

National Visa “D” for Entry into Slovakia

The following documents are generally required when applying for a D visa:

  • completed application form,
  • photograph (3 x 3.5 cm),
  • travel document,
  • complete documentation for the submission of a temporary residence application,
  • proof of health insurance – we recommend arranging it here, as we have experience with this insurance product and it has been accepted for other clients,
  • confirmation of flight reservation (recommended),
  • other documents as required by the diplomatic mission.

The diplomatic mission may also require additional documents: “…the diplomatic mission may request supplementary documents if the documents submitted are insufficient for making a decision. This may be due to local specifics or requirements of the Ministry of the Interior of the Slovak Republic, conditioned by a particular increased migration risk. Without further information, it is not possible to verify such requirements directly with the diplomatic mission. The employer is not obliged to prove the applicant’s financial means for residence. However, if the applicant is unable to credibly demonstrate their financial security, the employer may do so. A confirmation of the salary the applicant will receive is not sufficient proof of financial means for the period before the applicant starts working. It must be kept in mind that the applicant must have the means to live until they begin employment and receive their first salary, and submitting a residence application does not mean that residence will automatically be granted.
Source: mizv.sk

Employment of Foreign Nationals and Social Contributions

For a third-country national employee, contributions are paid in the same way as for a Slovak citizen. The employee must be registered for both health and social insurance. The foreign national chooses their health insurance provider from the public health insurance system (VŠZP, UNION, Dôvera). A specific requirement is that, before registration, the foreign national will usually have to visit a branch of the chosen health insurance company in person so that the insurer can register them. Only afterwards will the employer be able to complete the registration. In practice, this process takes approximately one week.

A common issue arises when a foreign national begins working immediately after submitting a complete application for the granting of temporary residence. Since the health insurer registers the person on the basis of a birth number (rodné číslo), which is only assigned once residence is granted, insurers often assign internal identification numbers for their own purposes. However, the foreign national must present confirmation of having submitted a complete residence application.

Obligations to the Labor Office (UPSVAR)

The employer is obliged to notify the Labor Office of the commencement and termination of the foreign national’s employment, as well as of the foreign national’s failure to commence work. The relevant form is available on the Labor Office website.

If the employer changes, the vacancy must be reported 20 working days in advance (with the exception of shortage occupations, where reporting is still required, but without the 20-day advance period).

Employer’s Obligations When Employing a Foreign National

  • The employer is obliged to keep a copy of the residence permit or other authorization, as well as the confirmation of receipt of the application for the granting of temporary residence for the purpose of employment or the confirmation of receipt of the application for renewal of temporary residence for the purpose of employment, confirming that the application has been duly submitted with all required documents, for the entire duration of the employment of the third-country national.
  • The employer is obliged to notify the Labor, Social Affairs, and Family Office in writing of the commencement and termination of employment of the third-country national within seven working days of the day of commencement and termination. In the case of employing a third-country national, the employer must attach to the notification a copy of the employment contract and the confirmation of receipt of the application for the granting or renewal of temporary residence for the purpose of employment.
  • The employer must also notify the Labor Office in writing if a third-country national, who has been granted a work permit or temporary residence for the purpose of employment based on confirmation of the possibility of filling a vacant job position, fails to commence employment. This notification must be made within seven working days from the agreed date of commencement of work.
  • Register the employee with a health insurance company. (First, the foreign national must submit an application to the health insurance company together with the employment contract stating the agreed salary, or with the employment contract and a payroll document confirming the salary. Once the foreign national is registered, the employer can complete the registration.)
  • Register the employee with the Social Insurance Agency. (Same procedure as for Slovak employees.)
  • The employer is obliged to notify the Foreign Police Department in writing within three working days if the third-country national fails to commence employment after a written employment commitment was issued.
  • The employer must also notify the Foreign Police Department within three working days of the termination of the employment relationship of the third-country national.

All obligations are also listed in the instruction document provided to the foreign national at the Foreign Police Department. This instruction also includes the obligation to submit a medical certificate confirming that the foreign national does not suffer from a disease endangering public health within 30 days from receipt of the residence card.

Employment of Foreign Nationals with a Work Permit from Another Country

If a foreign national has been granted residence in another EU Member State, this does not in itself entitle them to work in Slovakia. If they wish to work for a Slovak employer, they must obtain residence for the purpose of employment with that employer. One possible exception could be intra-corporate transfer mobility, more information available here.

For more on changing employers or job positions, see our article.

How to Employ a Foreign National – Employment Options for Third-Country Nationals

With effect from May 2018, Slovak legislation introduced additional options for employers in relation to hiring third-country nationals. Perhaps the most important of these is the possibility of training an employee even before residence is granted. These options will be outlined in the following text.

The list of shortage occupations is published on the website of the Central Office of Labor, Social Affairs, and Family.

It is important to note that even in such cases, a third-country national must have the proper authorization to enter the territory of the Slovak Republic. Therefore, if a confirmation of the possibility of filling a vacant job position or a work permit is not required, this does not mean that no authorization for entry into Slovakia is necessary.

Temporary residence for up to 90 days is not required, pursuant to § 23(6)(a) of the Foreign Nationals Residence Act, which states: “Temporary residence for the purpose of employment is not required for up to 90 days from the beginning of residence in the territory of the Slovak Republic if the third-country national meets the conditions for residence under a special regulation (note: Article 6 of Regulation (EU) 2016/399, as amended), and has fulfilled the obligation under § 111(2)(a).”

10b Intra-Corporate Transfer of Managers and Trainees

One of the options for temporary residence for the purpose of employment is an intra-corporate transfer. According to § 2(1)(s), an intra-corporate transfer is defined as: “the temporary assignment, for more than 90 days, of a third-country national for the purpose of employment or professional training, who, at the time of submitting the application for temporary residence, is located outside the territory of the Slovak Republic and EU Member States, by an employer with its registered office outside the territory of the Slovak Republic and EU Member States, with whom the third-country national has an employment contract both before and during the transfer, to the same employer or to an employer within the same group of employers with a registered office in the Slovak Republic.

It should be noted, however, that this option is available only for managers, qualified specialists, or trainees.

Temporary residence may be granted for up to three years in the case of a manager or specialist, and for up to one year in the case of an employee–trainee.


10c Supply of Goods or Services under a Commercial Contract

To a certain extent, the performance of work by third-country nationals is also possible under a commercial contract between a Slovak company and an employer in a non-EU country. According to § 23a(1)(m) of the Employment Services Act: “An employer may employ a third-country national who, on the basis of a commercial contract, provides the supply of goods or services and delivers such goods or, in connection with the supply of goods, carries out assembly, warranty and repair work, work related to the adjustment of production equipment systems, or, in connection with the supply of goods or services, performs programming work or professional training, provided that the duration of the employment relationship or assignment does not exceed a total of 90 days in a calendar year.

In this context, it is important to emphasize that employment under such a commercial contract is not suitable for just any type of work. The above definition must be adhered to. This provision may apply, for example, when a Slovak company purchases a new machine from a third country and it is necessary for the supplier’s employees to come to Slovakia to assemble, set up, and train local employees to operate the machine. However, this provision is not suitable for cases where third-country nationals would be assigned to a Slovak employer to perform routine work, such as on a production line.

We recommend consulting an expert in this field as well as the competent labor office in advance when choosing the appropriate option for employing foreign nationals.


10d Termination of the Possibility of Posting

Finally, we note that, due to an amendment to the Employment Services Act, it is no longer possible to post foreign nationals under the procedure described in our earlier article.

Employment of a Foreign National Based on Confirmation of the Possibility of Filling a Vacancy

Employment of a foreign national may be carried out:

  • on the basis of confirmation of the possibility of filling a vacant job position,
  • on the basis of a work permit, or
  • in cases where neither confirmation nor a work permit is required.

An employer who wishes to employ a foreign national on the basis of confirmation of the possibility of filling a vacancy is obliged to notify the Labor, Social Affairs, and Family Office (ÚPSVaR) in writing at least 20 working days prior to submitting the application for temporary residence for the purpose of employment. The notification must specify the vacancies, their number, and their characteristics. The job advertisement is published on https://www.sluzbyzamestnanosti.gov.sk/.

It must be indicated in the job posting that (i) the job is also suitable for a third-country national, and (ii) it is not a highly qualified position. (For Blue Card applications, recognition of education credentials is required, which extends the process by several weeks.) As of January 1, 2019, every vacancy must be reported, even if the labor market situation is not assessed for the given position. In such cases, when reporting the vacancy, the option must be selected that the labor office will not assess the labor market situation.

Change as of February 1, 2022: Vacancies must now be reported via the portal sluzbyzamestnanosti.gov.sk, not via istp.sk.

The Labor Office shall issue confirmation of the possibility of filling a vacancy, indicating either approval or rejection, within 15 working days from the date of receipt of the employer’s application to employ a third-country national for the purpose of granting temporary residence for employment.

The Labor Office shall issue confirmation with approval if the vacancy cannot be filled by a jobseeker registered in the jobseeker database. When issuing confirmation, the office takes into account the labor market situation.

Practical procedure: The employer notifies ÚPSVaR of the vacancy. After a minimum of 20 working days from publication, the employer may request approval. If positive, the labor office sends the approval directly to the competent Foreign Police Department. Nevertheless, we recommend that the employer bring a copy when submitting the residence application.

Since January 1, 2019, an additional condition applies: the employer must not have violated the prohibition on illegal employment within the five years preceding the application.

Simplified procedure: Confirmation may be issued without assessing the labor market situation if the third-country national:

  • carries out continuous educational activity, or
  • performs scientific activity as a teacher, university lecturer, researcher, or artist, or
  • is a third-country national with higher education engaged in an intra-corporate transfer for professional training (internship) or performing the role of a manager or specialist requiring exceptional expertise, or
  • applies for renewal of temporary residence for the same job position.

Another exception when the Labor, Social Affairs, and Family Office (ÚPSVaR) issues approval without further examination of the labor market situation (without the need to observe the above-mentioned 20-day period) applies in the case of employment in a shortage occupation by a third-country national in a district pursuant to § 12 letter ad). The list of such shortage occupations is published on the website of the Central Office of Labor, Social Affairs, and Family. However, an additional condition applies: the employer who wishes to employ such a worker – a foreign national – must employ less than 45% third-country nationals of the total number of employees. For this calculation, only employees employed under an employment relationship with at least half of the statutory weekly working hours are included. For the purpose of fulfilling this condition, one of the required attachments is also the employer’s affidavit. This affidavit must be submitted using the official form of the Central Office of Labor, Social Affairs, and Family.

The conditions in the case of seasonal employment and intra-corporate transfers are regulated in § 21b(5) of the Employment Services Act. The Employment Services Act also regulates the conditions for cancellation of an issued confirmation of the possibility of filling a vacant job position.

In summary: In this case, the foreign national does not apply to the Labor Office for a work permit, but only for temporary residence for the purpose of employment. This temporary residence is issued by the competent police department for a maximum of five years (exceptions are provided in this article). The granting of this type of residence is preceded by a series of steps taken by both the employee and the employer. If an employer wishes to employ a foreign national, they are obliged to notify the competent labor office of the vacant job position at sluzbyzamestnanosti.gov.sk at least 20 working days in advance before requesting approval from the labor office. The exception to this rule applies in the case of a shortage occupation. After approval has been issued by the labor office, the foreign national submits an application for temporary residence either at the police department or at a Slovak diplomatic mission abroad. The application must include a valid travel document, a certificate of good conduct (criminal record certificate), proof of accommodation (i.e., ownership deed or extract from the Land Registry issued in the name of the foreign national, lease agreement with the owner or lawful user of the property together with an extract from the Land Registry or another document proving the right to use the property, certificate from an accommodation facility confirming the provision of accommodation, or an affidavit by a natural or legal person providing accommodation in the Slovak Republic together with an extract from the Land Registry or a document proving the right to use the property), and payment of the administrative fee.

Employment of a Foreign National on the Basis of a Work Permit


In cases specified by law, confirmation of the possibility of filling a vacant job position is not required, but rather a work permit.

The office, after the conditions for granting a work permit have been met, shall grant the work permit on the basis of a written application submitted by the third-country national, the employer, or the legal or natural person to whom the third-country national will be assigned to perform work, if the vacancy cannot be filled by a jobseeker registered in the jobseeker database. When granting the work permit, the office takes into account the labor market situation, unless the law provides otherwise.

A condition is that the employer must not have violated the prohibition on illegal employment during the five years preceding the submission of the application for the granting of a work permit.

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

  • will be employed for the purpose of seasonal employment for no more than 90 days during 12 consecutive months,
  • will be employed as a seafarer on a vessel registered in the Slovak Republic or on a vessel sailing under the flag of the Slovak Republic,
  • has been granted temporary residence for the purpose of family reunification, within nine months from the granting of temporary residence for the purpose of family reunification,
  • has been granted temporary residence as a third-country national who has been granted the status of a long-term resident in an EU Member State, unless otherwise provided by a special regulation, within twelve months from the beginning of residence in the territory of the Slovak Republic.

Seasonal employment for the purposes of this Act is an activity the performance of which does not exceed 240 days within 12 consecutive months and is tied to a specific period of the year by a recurring event or a recurring sequence of events associated with seasonal conditions during which a substantially higher volume of work is required. Seasonal employment is carried out under an employment contract concluded for a fixed term. The list of sectors of seasonal employment shall be established by a generally binding legal regulation issued by the ministry.

The application for the granting of a work permit shall be submitted on the prescribed form together with the attachments pursuant to § 22(4) of the Employment Services Act:

  • employment contract or written commitment of the employer to hire the foreign national, which contains the essential elements of an employment contract,
  • decision on the recognition of the educational qualification of the third-country national or proof of the 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 the Czech language, on which the diplomatic mission shall indicate the conformity of the translation with the original by means of an authentication clause of the diplomatic mission, affixed with a higher authentication clause, unless otherwise provided by an international treaty, or proof of the required education issued or certified by the competent authorities of the Czech Republic in the Czech language, if it concerns a regulated profession,
  • if the application is submitted by the employer, also the written consent of the third-country national to the application, together with verification of the authenticity of the signature under the legal regulations of the state of which the person is a citizen, or under generally binding legal regulations of the Slovak Republic,
  • proof of residence for the purpose of family reunification,
  • copy of the document proving the status of a person with long-term residence in a Member State of the European Union.

The application must also include proof of accommodation as well as proof of health insurance.

The time limit for issuing a work permit is:

  • 20 working days from the date of delivery of the application,
  • 10 working days from the date of delivery for the purpose of seasonal employment, if the third-country national has been granted a work permit for seasonal employment or temporary residence for the purpose of seasonal employment in the five years preceding the submission of this application. In this case, the foreign national or their employer first submits an application for the granting of a work permit and, after it has been issued, submits an application for the granting of temporary residence for the purpose of employment to the competent Foreign Police Department (OCP).

The work permit may be extended by the office, at the request of the third-country national, for a maximum of two years, and this extension may be granted repeatedly. A work permit for seasonal employment may be extended once, at the request of the third-country national, upon fulfillment of the conditions for its extension, if the work permit was originally granted for less than 90 days. In such a case, the total duration of the work permit must not exceed 90 days within 12 consecutive months, and this condition also applies to employment with another employer.

In this case, the foreign national or their employer must first submit an application for the granting of a work permit to the competent labor office and, after it has been issued, submit an application for the granting of temporary residence for the purpose of employment to the competent Foreign Police Department (OCP).

According to this provision, the same procedure applies if a foreign national has been granted the status of a long-term resident in another EU Member State after twelve months from the beginning of residence in the Slovak Republic (for example, in the Czech Republic, such residence may be applied for at the workplace of the Ministry of the Interior of the Czech Republic). In this case, the police department shall grant temporary residence for the period necessary to achieve the purpose, for a maximum of five years. Temporary residence is not required for such a foreign national for up to ninety days from the beginning of residence in the territory of the Slovak Republic, provided that they fulfill the obligation to notify the Police Department of the start, place, and expected duration of residence. The procedure for both the employer and the foreign national is similar to that in the case of confirmation of the possibility of filling a vacancy; however, the deadlines are shortened to fifteen days and no administrative fee is payable for the application. If the foreign national meets the above-mentioned conditions, they may apply for the granting of a work permit (in the form of an official application form). The application for the work permit must include the following: a valid travel document, an employment contract or the employer’s commitment to hire the foreign national, a decision on the recognition of the educational qualification/proof of the highest level of education attained if it concerns a regulated profession, and a copy of the document proving the status of a person with long-term residence in a Member State of the European Union. The police department issues the work permit for the period specified further in this article.

Employment of a Foreign National for Whom Neither Confirmation of the Possibility of Filling a Vacancy Nor a Work Permit Is Required

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

  1. who has been granted permanent residence in the territory of the Slovak Republic,
  2. who has been granted temporary residence as a third-country national with long-term residence status in an EU Member State, after twelve months from the beginning of residence in the Slovak Republic,
  3. who has been granted temporary residence for the purpose of family reunification,
    • after twelve months of continuous residence in the territory of the Slovak Republic from the granting of temporary residence for the purpose of family reunification,
    • who is a family member of a Blue Card holder,
    • who is a family member of a third-country national under § 21(8)(b) or (c) or (h),
    • who is a family member of a third-country national under letter (f),
  4. who is a family member of a citizen of an EU Member State and who has the right of residence in the territory of the Slovak Republic,
  5. who has been granted temporary residence for the purpose of study, unless otherwise provided by a special regulation, and whose employment does not exceed ten hours per week with all employers, or twenty hours per week if they are a university student, or a corresponding number of days or months per year,
  6. who has been granted temporary residence for the purpose of research and development, unless otherwise provided by a special regulation, and
    • who carries out research or development on the basis of a hosting agreement, or
    • whose teaching activity in an employment relationship or similar employment relationship does not exceed a total of fifty days in a calendar year,
  7. who has been granted temporary residence as a third-country national with the status of a Slovak living abroad,
  8. who is an asylum seeker and whose access to the labor market is permitted 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. whose employment relationship or posting to work does not exceed a total of thirty days in a calendar year and who is
    • a teaching employee, academic employee, university lecturer, scientific, research or development worker participating in a professional scientific event, or
    • a performing artist participating in an artistic event,
  13. who provides, on the basis of a commercial contract, the supply of goods or services and delivers such goods or, in connection with the supply of goods, carries out assembly, warranty and repair work, work related to the adjustment of production equipment systems, or, in connection with the supply of goods or services, performs programming work or professional training, provided that the duration of their posting to work does not exceed a total of ninety days in a calendar year,
  14. who is employed under an international treaty by which the Slovak Republic is bound and which provides that the employment of a third-country national does not require a work permit,
  15. who is a family member of a member of a diplomatic mission, employee of a consular office, or employee of an international governmental organization based in the Slovak Republic, if an international treaty concluded on behalf of the Government of the Slovak Republic guarantees reciprocity,
  16. who is a member of a rescue unit providing assistance under an 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 civilian component of the armed forces of the sending state,
  18. who performs professional practice or vocational training under special regulations in schools or school facilities,
  19. who has successfully completed secondary school or university studies in the territory of the Slovak Republic and who has authorized residence in the territory of the Slovak Republic or has submitted a complete application for temporary residence for the purpose of employment,
  20. who will be employed for a specified period for the purpose of training, for a maximum of six consecutive weeks in a calendar year, if it concerns employment in a shortage occupation in a district under § 12(ai) and who has submitted an application for temporary residence for the purpose of employment for the same job position,
  21. who is under 26 years of age and will be employed in occasional and time-limited work within the framework of school exchanges or youth or education programs in which the Slovak Republic participates,
  22. who has been seconded by an employer based in an EU Member State in the context of services provided by that employer,
  23. who is a partner of a commercial company, statutory body of a commercial company, or a member of the statutory body of a commercial company that has been granted investment aid, by performing activities for the commercial company for the period for which the investment aid decision was issued,
  24. who provides, for a commercial company that has been granted investment aid, on the basis of a commercial contract, the supply of goods or services and delivers such goods or carries out assembly, warranty and repair work, work related to the adjustment of production equipment systems, programming work or professional training, for the period for which the investment aid decision was issued,
  25. who is employed in international passenger transport, if they are posted to perform work by their foreign employer,
  26. who carries out activities for a legal entity that has been issued a certificate of significant investment, and who
    • manages this legal entity or its organizational unit, or
    • has exceptional expertise, skills, abilities or knowledge essential for the operation of the company, research techniques or management, provided that the performance of this activity does not exceed a total of ninety days in a calendar year,
  27. who is accredited in the field of mass media,
  28. who has been granted tolerated residence due to being a victim of human trafficking,
  29. who has been granted tolerated residence due to respect for their private and family life,
  30. who has been granted tolerated residence due to illegal employment under particularly exploitative working conditions, if their presence is necessary for the purposes of criminal proceedings,
  31. who performs clergy activities on behalf of a registered church or religious society,
  32. who has been granted a national visa and
    • is covered by a working holiday program approved by the Government of the Slovak Republic,
    • participates in the implementation of a film project in the territory of the Slovak Republic, or
    • is covered by an interest of the Slovak Republic approved by the Government of the Slovak Republic,
  33. who temporarily works in Slovakia on the basis of mobility
    • from an employer in an EU Member State within the framework of an intra-corporate transfer, or
    • who carries out research and development on the basis of a hosting agreement or whose teaching activity does not exceed a total of fifty days in a calendar year,
  34. whose work with all employers does not exceed 80 hours per month, if they are a university student residing in the Slovak Republic on the basis of mobility,
  35. who provides professional training for a business service center, if the duration of their employment relationship with the business service center does not exceed a total of ninety days in a calendar year.

Employment of Indian Citizens in Slovakia

A specific case we encountered concerned the employment of an Indian citizen. Although India is a third country and the procedure for such foreign nationals is generally the same, in the case of an Indian citizen we came across certain particularities.

India is a member of the Hague Apostille Convention; therefore, superlegalization of documents is not required.

Under the Act on the Residence of Foreign Nationals, a third-country national must prove integrity by submitting a criminal record extract from the state of which they are a national, as well as from any state in which they have resided for more than 90 days during the last three years within 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 authority or administrative authority of the country of origin, or it may be replaced by a sworn declaration made by the third-country national before the competent judicial authority or administrative authority, or before a notary of the country of origin or of the last residence. The document proving integrity must cover the entire territory of the state that issued it; otherwise, the police department will not accept it.

Since in India a criminal record extract covering the entire territory of India is not issued (it is issued only for individual territorial areas), it is necessary to attach to the criminal record extract also the sworn declaration mentioned in the previous paragraph.

Application for the Issuance of an EU Blue Card

The Blue Card entitles a foreign national to enter, reside, 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 by the police department upon application for the purpose of highly qualified employment.

This refers to employment requiring a higher professional qualification, which must be demonstrated by proof of a university education. The Blue Card for the purpose of highly qualified employment is granted for five years; or, if the period of the employment contract is shorter than five years, the police department grants the Blue Card for the duration of the employment contract extended by 90 days.

The disadvantage of this process is that recognition of the educational qualification in the Slovak Republic is required, which significantly prolongs the entire process of obtaining residence documents.

Employment of a Foreign National by a Temporary Employment Agency

As of January 1, 2019, a temporary employment agency may also employ a third-country national for the purpose of assigning them to a user employer.

One of the conditions is that the temporary employment agency must have been operating for at least three years prior to submitting the application for the granting or renewal of temporary residence for the purpose of employment.

For more on the establishment of a temporary employment agency, see here.

Employment of EU Citizens

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

Conclusion

Temporary residence may be granted for one of the purposes listed in the Act on the Residence of Foreign Nationals, most commonly for the purpose of employment, business, study, family reunification, etc. If a foreign national wishes to perform an activity other than that for which they have been granted temporary residence (e.g., they have completed their studies and wish to take up employment), they must submit a new application for the granting of temporary residence. Please also read our article where we address the question of whether it is possible to engage in business or employment in the case of temporary residence for the purpose of family reunification.

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