Obligations of Foreign Nationals and Employers after the Granting of Residence for the Purpose of Employment

In addition to fulfilling the obligations related to visas and temporary residence, every stay in the territory of Slovakia must be reported (if the person has been granted a Schengen visa, a national visa, or if a visa is not required, or if residence has been granted) within 3 working days to the competent department of the Foreign Police.

The registration is usually carried out by the accommodation facility (e.g., a hotel, hostel, or dormitory) where the third-country national is staying. If the person concerned is accommodated in private housing (e.g., in a rented apartment or with friends), he or she must register in person at the competent department of the Foreign Police.

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Pursuant to Section 32(10) of the Act on the Residence of Foreign Nationals, a foreign national is obliged, after being granted temporary residence for the purpose of employment, to submit to the competent police department, within 30 days of receiving the residence document, a medical certificate confirming that he or she does not suffer from a disease endangering public health.

The medical certificate confirming that the foreign national does not suffer from a disease endangering public health must not be older than 30 days. The period for submitting the medical certificate may, upon the request of the third-country national, be extended by the police department by an additional 60 days.

Medical Examination in Zlaté Moravce – The medical examination for residence purposes required by the Foreign Police is provided by AGEL Hospital in Zlaté Moravce (for more information, call +421 948 350 123). A medical examination for foreign nationals can also be completed without prior appointment.

Medical Examination in Bratislava and 12 Other Cities – The examinations are provided by Medical control s.r.o.

Tel.: +421 948 350 123

Pursuant to Section 111(1)(d) of the Act on the Residence of Foreign Nationals, a foreign national – a third-country national – is obliged to conclude health insurance no later than three working days after receiving the residence document and to demonstrate during a residence inspection that he or she is insured within the territory of the Slovak Republic.

This provision is not consistent with other legislation, which requires registration for health insurance within 8 days from the occurrence of the fact giving rise to the insurance. In practice, this period is often difficult to meet, primarily because, in order for the employer to register the employee for health insurance, the employee must first personally register at the selected health insurance company. The registration requires submission of the insurance application form, a copy of the employment contract, and a copy of the residence card, which also contains the personal identification number. The insurance company registers the employee within 7 days, and only thereafter can the employer complete the registration. No document confirming registration for health insurance is submitted to the Foreign Police. However, during an inspection of the employee, it is necessary to present proof of insurance. Until the employer has completed the registration, it is recommended to carry a confirmed insurance application form or at least travel insurance.

In our view, this provision also provides an answer to the question of when it is necessary to conclude an employment contract and agree on the commencement of employment.

For a third-country national with temporary residence in the Slovak Republic for the purpose of employment, this obligation is assumed by the employer. The employee is therefore not required to conclude separate health insurance.

At the same time, a third-country national with temporary residence in the Slovak Republic for the purpose of employment is, under Section 32(9) of the Act on the Residence of Foreign Nationals, exempt from the obligation to submit to the police department, within 30 days of receiving the residence document, a certificate confirming health insurance.

In practice, however, situations arise in which, before the employer can register the employee (a third-country national who is not yet registered with a health insurance company in the Slovak Republic) for health insurance, the employee must personally register with the chosen health insurance company. Unfortunately, this cannot be completed immediately but takes several days. Only after this step can the employer complete the registration. Therefore, it should be considered whether this step can be carried out before collecting the residence card.

A further problem arises in practice in connection with the amendment to the Act on the Residence of Foreign Nationals. Under this legal framework, a foreign national may, after submitting a complete application at the department of the Foreign Police, begin performing gainful activity even before the decision on the granting of temporary residence. In such a case, the employer is obliged to register the employee for social and health insurance. The problem is that the foreign national has not yet been assigned a personal identification number, as this is only assigned when the residence document is issued, which may take several weeks. In order to comply with legal obligations, neither the employer nor the foreign national should be discouraged by a refusal from the insurance company. Insurance companies are obliged to assign the foreign national an internal number on the basis of which he or she will be registered in the insurance system. Subsequently, once the personal identification number is assigned, the insurance company will pair it with the foreign national’s account.

Obligations towards the Social Insurance Agency rest solely with the employer. If the foreign national is employed, the employer is obliged to register him or her with the Social Insurance Agency as a regular employee and to pay social insurance contributions on behalf of both the employer and the employee. If the individual has not yet been assigned a Slovak personal identification number, the employer must request the local branch of the Social Insurance Agency to issue a so-called “temporary” personal identification number for the purposes of registering the employee, which will subsequently be used in all further communication with the Agency.

The obligations of the employer in relation to the Labour Office are set out in Section 23b of Act No. 5/2004 Coll. on Employment Services. The employer is obliged to notify the Labour Office in writing of the commencement and termination of employment of a third-country national within 7 working days from the date of commencement and within 7 working days from the date of termination of employment. The employer must attach a copy of the employment contract and a copy of the confirmation of receipt of the application for the granting of temporary residence for the purpose of employment. If the employee fails to commence work within seven working days from the agreed starting date, the employer is also obliged to report this fact to the Labour Office.

The employer is further obliged to notify the Labour Office in writing if a third-country national, who has been granted a work permit or temporary residence for the purpose of employment, fails to commence work within 7 working days from the agreed starting date.

In addition, the employer must obtain from the third-country national, prior to employment, a valid residence permit or confirmation of receipt of the application for the granting of temporary residence and is also obliged to retain copies of these documents, including the confirmation of the possibility to fill the vacant job position.

A third-country national is required, during a residence inspection, to demonstrate financial means to cover the granted residence in an amount at least equal to the subsistence minimum for each month of the remaining period of residence, but not more than for one year in advance. In the case of a minor third-country national, the requirement is half of the subsistence minimum for each month of the remaining period of residence, again limited to one year in advance.

Together with the residence card, “Additional Information on Employment” will also be issued. This document must be carried at all times.

A third-country national is obliged to:

When moving within the territory of the Slovak Republic, a foreign national is obliged to carry: a travel document, a residence permit together with the document issued in relation to it, proof of financial means covering the granted residence in an amount at least equal to the subsistence minimum for each month of the remaining period of residence, but not more than for one year in advance, and proof of health insurance in the territory of the Slovak Republic (see above).

A foreign national should enter the territory of the Slovak Republic within 180 days from the granting of residence. A later entry may give rise to suspicions of misuse and additional verification; therefore, it is recommended not to delay entry into the territory of the Slovak Republic. In addition, in the employer’s undertaking, the employer specifies the date on which the foreign national will be employed.

When moving within the Schengen Area, a foreign national is obliged to carry a residence permit together with the document issued in relation to it, as well as a valid passport.

The employer is obliged, within three working days, to notify the competent police department in writing of: