Employer’s obligations following the granting of residence to a foreign employee
QUESTION
What are the obligations of an employer who has hired a third-country national after the foreigner has been granted residence in Slovakia?
ANSWER:
The employer incurs the following obligations:
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To retain a copy of the residence permit or other residence authorization throughout the duration of the third-country national’s employment.
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To inform the Office of Labour, Social Affairs and Family in writing of the commencement and termination of the third-country national’s employment within seven working days of the date of commencement and within seven working days of the date of termination. In the case of employing a third-country national, the employer is obliged to attach a copy of the employment contract to the information.
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The employer is obliged to inform the Office of Labour, Social Affairs and Family in writing if a third-country national, who was granted a work permit or who has been granted temporary residence for the purpose of employment based on a confirmation of the possibility to fill a vacancy, fails to commence employment, within seven working days of the date agreed upon as the start date.
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To register the employee with a health insurance company. (First, the foreigner must submit an application to the health insurance company along with the employment contract stating the wage amount, or the employment contract and a wage slip indicating the wage amount; the employer may register the foreigner only after the foreigner’s own registration is complete).
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To register the employee with the Social Insurance Agency. (The procedure is the same as for Slovak employees).
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The employer is obliged to notify the Foreign Police department in writing within three working days of the failure of a third-country national to commence employment if the employer had issued a written promise of employment.
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The employer is obliged to notify the Foreign Police department of the termination of a third-country national’s employment relationship within three working days.
In the event of an inspection, the employer must also present the “Additional Employment Data” document issued by the Foreign Police Department after the third-country national has been granted residence.
All obligations are also specified in the Notice provided to the foreigner at the Foreign Police department.
The Notice also includes the obligation to submit a medical report confirming that the foreigner does not suffer from a disease threatening public health within 30 days of the date of collecting the foreigner’s residence card.
AKMV
JUDr. Veronika Michalíková, MBA