Temporary Employment Agency FAQs

The law allows temporary employment agencies to assign third-country nationals temporarily if:

• The temporary employment agency (ADZ) has been operating for at least 3 years before submitting the application for granting/renewing temporary residence for employment purposes.
• The foreigner will be employed in a job with a shortage of labor.
• The employment is in districts with an average registered unemployment rate of less than 5%.

The law also specifies exceptions.

For more information you can read in our article.

Pursuant to the current wording of Section 21(4) of Act No. 5/2004 Coll. on Employment Services and on Amendments and Supplements to Certain Acts (hereinafter referred to as the “Employment Services Act”):

“(…) A temporary employment agency that has been operating for at least 3 years prior to submitting the application pursuant to Section 21b(1)(a) may temporarily assign a third-country national referred to in paragraph 1(b) to perform work for a user employer in a job with a labour shortage in a region under Section 12(ad). A temporary employment agency may not assign a third-country national referred to in the second sentence to a different user employer under the granted temporary residence for the purpose of employment.”

According to Section 21(1)(b) of the Employment Services Act, a third-country national is defined as:

“a third-country national who has been issued an EU Blue Card and has been granted temporary residence for the purpose of employment based on confirmation of the possibility to fill a vacancy.”

This means that, under the current legal framework, temporary employment agencies (TEAs) may assign third-country nationals to user employers only if they have already been granted temporary residence for the purpose of employment, provided other legal conditions are met.

However, as of 1 December 2024, an amendment to the Employment Services Act will come into effect, under which TEAs will also be authorised to assign third-country nationals under Section 21(1)(h) of the Act. These are individuals who have not yet been granted temporary residence, but who:

“have been issued a confirmation of the possibility to fill a vacancy, which includes approval to fill the position, and have submitted an application for temporary residence for the purpose of employment together with all required documents pursuant to a specific regulation — from the date of validity of the confirmation until the final decision in the temporary residence procedure.”

Further details on the amendment to the Employment Services Act can be found on the official website of the National Council of the Slovak Republic.

Pursuant to Section 21(5) of Act No. 5/2004 Coll. on Employment Services (hereinafter the “Employment Services Act”), seasonal employment is defined as:

“an activity that does not exceed 180 days within 12 consecutive months and is linked to a specific period of the year due to a recurring event or sequence of events associated with seasonal conditions during which a significantly higher volume of work is required. The list of sectors considered seasonal employment shall be determined by a generally binding regulation issued by the ministry.”

This regulation is defined by Decree No. 190/2017 of the Ministry of Labour, Social Affairs and Family of the Slovak Republic, dated 27 June 2017, which recognizes the following sectors as seasonal employment:

• Agriculture, forestry, fishing

• Industrial manufacturing

• Construction

• Accommodation and food services

Employment Permit for Seasonal Work (up to 90 days)

Under Section 22(9)(a) of the Employment Services Act:

“The Labour Office may grant an employment permit to a third-country national for the purpose of seasonal work for a maximum of 90 days within 12 consecutive months.”

According to Section 23(4) of the Act, the maximum validity of such a permit is 90 days within a 12-month period.

As per Section 23(5), the Labour Office may extend the permit once if the original permit was granted for less than 90 days, provided that the total period does not exceed 90 days within 12 consecutive months. This also applies to employment with a different employer.

A third-country national must submit a written request to extend the permit no later than 20 days before the expiration of the original permit (Section 23(6) of the Act).

Conditions for Granting a Seasonal Employment Permit (Section 22(2)):

1. The employer must not have been fined for illegal employment in the five years prior to submitting the application.

2. The employer must notify the relevant labour office of the vacancy and its characteristics:

   • at least 10 working days before applying for a permit (for new applications),

   • at least 5 working days before applying for a permit extension.

3. The decision or document related to the foreign national’s qualification must match the job requirements.

Required Attachments to the Application (Sections 22(4) and (5)):

• An employment contract or written promise of employment, including all elements of a valid contract.

• A recognized qualification certificate or education document (officially translated into Slovak or Czech, with proper legalization or apostille unless exempt under international treaty).

• Proof of accommodation that meets public health standards (e.g., confirmation or invoice from accommodation provider).

• Proof of health insurance coverage in Slovakia (if the applicant is not subject to visa requirements).

• If the employer submits the application, a declaration confirming no outstanding employee wage claims.

Deadlines

According to Section 23(11) of the Act, the Labour Office must:

• Decide within 20 working days from receiving a complete application,

• Or within 10 working days if the applicant has held a seasonal work permit or residence for seasonal work in the last 5 years.

If the application is incomplete, the Labour Office will request the applicant to complete it, and the processing period starts only upon receipt of the complete application.

Confirmation of the Possibility to Fill a Vacancy (for Seasonal Work Over 90 Days)

According to Section 21b(8)(a) of the Act:

“The confirmation of the possibility to fill a vacancy, including approval to fill it, is issued for the intended duration of employment, temporary assignment, or intra-corporate transfer, but no longer than 180 days within 12 consecutive months for seasonal work.”

Applications for such confirmation must be submitted electronically via the Slovak public administration portal: www.slovensko.sk

Further details can be found on the official website of the Central Office of Labour, Social Affairs and Family of the Slovak Republic.

According to the position of the Ministry of Labour, Social Affairs and Family of the Slovak Republic regarding this matter:

“Effective from 15 July 2024 (Act No. 160/2024 Coll., amending and supplementing Act No. 404/2011 Coll. on the Residence of Foreign Nationals and on the Amendment and Supplementation of Certain Acts, as amended), Section 21(1)(h) of Act No. 5/2004 Coll. on Employment Services and on Amendments and Supplements to Certain Acts allows a third-country national who has been issued a confirmation of the possibility to fill a vacancy (which includes approval to fill it) and a confirmation of receipt of a complete application for temporary residence for the purpose of employment, to begin working from the date the application for temporary residence was submitted, until the final decision on the application is issued.”

The third-country national is not required to prove the purpose of residence by submitting the confirmation of the possibility to fill the vacancy. This confirmation is already available to the Foreign Police at the time of submission, as it is sent directly by the relevant Labour Office immediately upon issuance, both to the respective Foreign Police Department and to the employer.

The Ministry of the Interior of the Slovak Republic determines the required content of the confirmation form confirming receipt of the temporary residence application. The date on which the complete application for temporary residence for employment purposes is received is the decisive factor for when a third-country national may begin employment.

According to the Labour Office of Nitra, based on Section 21(1)(h) of Act No. 5/2004 Coll., it follows that:

“If a third-country national has been issued a confirmation of the possibility to fill a vacancy and has submitted an application for temporary residence for the purpose of employment (as evidenced, for example, by a confirmation issued by the Foreign Police Department), the foreign national may begin work in accordance with the terms of the issued confirmation. However, please note that this applies only in the case of an application for the granting of residence. It does not apply to applications for extension or change of employer.”

If it concerns the granting of residence, the employer must notify the relevant Labour Office (according to the place of employment) of the foreign national’s commencement of employment within 7 working days. The notification must be accompanied by the employment contract and a copy of the confirmation from the Foreign Police regarding the submission of the complete application.

The form for submitting this notification can be found at the following link.

This procedure has also been confirmed by the Labour Office of Trnava.