Is a foreigner entitled to be both an entrepreneur and an employee?

If you are only interested in being a shareholder of the company, the legal order does not require residence in the territory of the Slovak Republic for the possibility of being a shareholder in a Slovak company.

If you, as a foreign natural person, also plan to be a managing director (konateľ) of the company, then according to the provisions of Section 7(14) of Act No. 530/2003 Coll. on the Commercial Register and on amendments to certain acts, the Commercial Register: “Prior to the registration of a foreign natural person as a person authorized to act on behalf of the entrepreneur… shall verify whether this natural person has a residence permit in the Slovak Republic. A permit is not required if the person is a citizen of a member state of the European Union or a citizen of a member state of the Organisation for Economic Co-operation and Development.”

Since, as follows from the quoted text, the law does not require a specific type of residence (e.g., temporary residence for the purpose of business), it is possible to be registered as a managing director of a limited liability company (s.r.o.) based on other types of authorized residence in the Slovak Republic, including temporary residence for the purpose of family reunification. The foreigner’s residence card is submitted as an attachment during the registration of the company in the Commercial Register.

The fact that you become a shareholder and/or a managing director of a company has no impact on your employment relationship. It is therefore possible for you to be employed (after fulfilling the conditions for the employment of foreigners) and to conduct business at the same time.