Posting foreigners from 3rd countries to the territory of the Slovak Republic by employers from the EU

By default, a third-country national needs a work permit, regardless of the visa issued in another EU Member State. He does not need a work permit only in cases where he meets one of the exceptions under § 23 and para. 1 of the Employment Services Act, which stipulates when a confirmation of the possibility of filling a vacancy is not required and when a work permit is not required.

Posting with a work permit

Pursuant to the Employment Services Act, the Office will grant an employment permit to a third-country national who is employed by an employer who has a registered office or registered office with an employment entity outside the territory of the Slovak Republic and who sends him on the basis of a contract concluded with a legal entity or natural person. to carry out work in the territory of the Slovak Republic, on the basis of an agreement of the numbers and professions of the posted workers and the period of their posting with the legal entity or natural person to whom the third-country national will be posted to perform the work.

In this case, the Slovak employer will have the status of a user employer and will be able to manage and give instructions to assigned employees (it will not be the provision of services provided by a foreign employer).

Also in this case, the employee in relation to the Foreigners Police must report to the police department the beginning, place and expected length of stay as above, as well as have the documents authorizing him to enter the territory of the Slovak Republic. Similarly, if the posting in this case lasts longer than 90 days from the beginning of the stay, it is necessary to apply for a residence permit for the purpose of employment.

All employment opportunities for foreigners are subject to the amendment of Act no. 5/2004 Coll. on Employment Services as amended (hereinafter referred to as the “Employment Services Act”). In accordance with the provisions of Section 21 of the Employment Services Act, every third-country national in principle needs a work permit if he / she wants to work in the territory of the Slovak Republic. It is irrelevant whether and what visa or temporary residence is issued in another EU member state.

Posting without a work permit

Posting an employee to work without a work permit by a foreign employer in Slovakia would be possible if the provision of:

An employer may employ a third-country national posted by an employer established in a Member State of the European Union to provide services provided by that employer.

In view of the above, it is possible to send a worker without permission if he meets the exception under § 23a par. 1 of the Employment Services Act, i. is posted as part of the provision of services provided by a foreign employer (i.e. the subject of posting is the provision of services provided by a foreign employer.) In this case, we believe that the Slovak employer will not foreign employer. If it is not a posting in connection with the provision of services by a foreign employer, a work permit is required in this case.

In this case, the employer to whom the third-country nationals are posted is obliged to provide the office in whose territorial district they will be working with information on a form, a model of which will be determined by the headquarters (Information Card Annex 12), no later than within seven working days from on the day of the secondment of the third-country national and no later than within seven working days from the date of the end of the secondment of the third-country national. If they work in more than one place, this information must be sent to the office in the place where the information organization is based.

In relation to the Foreigners Police, the employee must report to the police department the beginning, place and expected length of stay within three working days of entering the territory of the Slovak Republic, if he was granted a Schengen visa or a national visa of the Slovak Republic or if he is not required to do so. , the police will issue a residence permit at the request of the third – country national. The national must prove o.i. provision of accommodation and financial coverage of the stay in the Slovak Republic.

In this case, if the posting lasts longer than 90 days from the beginning of the stay, it is necessary to apply for a residence permit for the purpose of employment.

In order for third-country nationals to be able to enter the territory of the Slovak Republic, it is necessary to have a valid travel document and documents authorizing them to cross the state border (eg a valid visa).

Summary

Due to the above, it is possible to establish a contractual relationship between a foreign employer and an employer in the Slovak Republic. If the services of a foreign employer were to be performed within the scope of the posting in question, in this case neither a work permit nor a confirmation of the possibility of filling a vacancy is required. However, in our opinion, this contract will not be an employment contract by law and there is no assignment of employees on its basis, but it has a different legal basis, e.g. business contract for the provision of services, etc. We believe that in this case it is not possible to speak of posting in the true sense of the word, as employees will perform services that a Slovak company has ordered from a foreign company, in this case the Slovak company would not have rights as a user employer.

If the performance of the activity does not meet this condition, it is necessary to obtain a work permit, when the Slovak company will have the status of a user employer.

Obligations of the foreign employer in relation to the posting

In addition to the above obligations, with effect from 18.06.2016, a foreign company from the position of the sending employer for the purposes of legislation in the Slovak Republic will be a guest employer who has / will have from Act no. 351/2015 Coll. on cross-border cooperation in the posting of employees to perform work in the provision of services and on the amendment of certain laws the following obligations towards the National Labor Inspectorate in the Slovak Republic:

Not later than on the day of posting in paper or electronic form, notify the National Labor Inspectorate of the Slovak Republic:

  • your business name and registered office if it is a legal person and your business name or first name and surname, if different from the business name, and place of permanent residence if it is a natural person
  • your identification number, if assigned, and the register in which it is entered
  • estimated number of posted staff
  • name, surname, date of birth, place of permanent residence and nationality of the posted staff
  • the day of the start and end of the posting
  • the place of work and the type of work performed by the seconded staff member during the secondment
  • the name of the service or services that the visiting employer will provide through the posted employee in the Slovak Republic
  • name, surname and address of the person authorized to deliver documents who will be in the territory of the Slovak Republic during the posting

During the posting at the place of work specified in the notice, the visited employer is obliged to:

  • keep an employment contract or other document confirming the employment relationship with the posted employee
  • keep and maintain records of the posted employee’s working hours to the extent specified in a special regulation
  • keep records of the salary paid to the posted staff member for the work performed during the posting

All these documents in letters a) to c) must be submitted or delivered by the foreign employer as a visited employer even after the end of the posting or to submit a translation of the documents or their parts into Slovak within a reasonable period determined by the labor inspectorate.

A foreign company may also apply for a work permit, but this is usually done by the legal entity to which the employee will be posted or the employee himself.

On the employment of foreigners in the territory of the Slovak Republic in general

If a third-country national wants to work in Slovakia with a Slovak employer, the procedure is primarily in accordance with the provisions of the Employment Services Act in connection with Act no. 404/2011 Coll. on the Residence of Foreigners and on Amendments to Certain Acts, as amended and effective (hereinafter referred to as the “Act on the Residence of Foreigners”).

In accordance with the provisions of the Employment Services Act, a third-country national may perform work in the territory of the Slovak Republic only if:

  • is a holder of a European Union Blue Card
  • has been granted a temporary stay in the territory of the Slovak Republic for the purpose of employment on the basis of a confirmation of the possibility of filling a vacancy
  • has been granted a work permit and a temporary residence permit for the purpose of employment in the territory of the Slovak Republic
  • has been granted a work permit and a temporary residence permit for the purpose of family reunification
  • has a work permit and a temporary residence permit of a third-country national who has been granted the status of a long-term resident in a Member State of the European Union, unless a special regulation provides otherwise, within 12 months from the beginning of residence in the Slovak Republic

Work performance by foreigners in the territory of the Slovak Republic on the basis of a certificate of the possibility of filling a vacancy

In principle (except for teaching, research and development staff under other conditions laid down by law), an employer wishing to recruit a third-country national is obliged to notify the competent authority in writing at least 30 working days before applying for a temporary residence permit. labor, social affairs and family vacancies, their number and characteristics. The competent authority for issuing a vacancy certificate or for issuing an employment permit is the authority in whose territory the third-country national will be employed.

After the expiration of the 30-day period, it is possible to submit an application for a temporary residence permit for the purpose of employment to the relevant department of the Aliens Police (according to the place of work). As part of the procedure, the relevant department of the Aliens Police asks the Office of Labor, Social Affairs and Family to issue a certificate on the possibility of filling a vacancy. The procedure takes place before two state administration bodies in the territory of the Slovak Republic:

Office of Labor, Social Affairs and Family competent according to the place of work – 30 calendar days in advance it is necessary to fill in the so-called a vacancy application and send it to the office for publication on the istp.sk website.

Relevant dept. Foreigners Police – after the expiration of the 30-day period, it is possible to submit an application to the Foreigners Police for a temporary residence permit for the purpose of employment.

The application must be accompanied in particular by:

  • two photos with dimensions 3 x 3.5 cm
  • employment contract or employer’s promise of employment
  • prove financial security of the stay (employer’s statement on the amount of salary or bank statement on the account balance)
  • extract from the criminal record (from the country of citizenship and from the country where he / she resides / has been granted residence for more than 6 months) – not older than 90 days
  • confirmation of accommodation (lease agreement, consent to the provision of accommodation, confirmation of the hostel) for at least 6 months of stay

The Foreigners Police Department has 90 days to decide. If the application is submitted at the relevant representative office of the Slovak Republic abroad (the one whose citizen is the applicant or the one where he resides) is competent, then he has 30 days to send the application and then the 90-day deadline to the Foreigners Police. After being granted a temporary residence for the purpose of employment, it is possible to start working in the territory of the Slovak Republic. A similar, but slightly more bureaucratic, procedure is for foreigners to fill a highly qualified position.

Employment permit

An employer wishing to recruit a third-country national who:

  • will be employed for seasonal employment for a maximum of 180 days for 12 consecutive months
  • will be employed as a seaman on a ship registered in the Slovak Republic or on a ship flying the flag of the Slovak Republic
  • has been granted temporary residence in the territory of the Slovak Republic for the purpose of family reunification, in the period up to 12 months from the granting of temporary residence for the purpose of family reunification
  • has been granted temporary residence of a third-country national who has been granted the status of a long-term resident in a Member State of the European Union, unless a special regulation provides otherwise, within a period of 12 months from the beginning of residence in the Slovak Republic

is obliged to notify the Office in writing of vacancies, their number and characteristics at least 15 working days before submitting the application for a work permit. The Office may grant an employment permit at the written request of the third-country national, employer or legal person or natural person to whom the third-country national is to be posted if the vacancy cannot be filled by jobseekers on the register of jobseekers. employment. When granting an employment permit, the Office shall take into account the situation on the labor market.

The application for a work permit is submitted on the specified form. The application for a work permit shall be accompanied in particular by:

  • an employment contract or a written promise by the employer to hire a third-country national
  • a decision on the recognition of a certificate of education of a third-country national according to a special regulation or a certificate of the highest level of education attained in an official translation into the state language in the original or in an officially certified copy
  • a copy of the residence document proving the granting of a temporary residence for the purpose of family reunification, if it is a third-country national who has this residence in the territory of the Slovak Republic
  • a copy of the document proving the granted status of a long-term resident in a Member State of the European Union, if he / she is a third-country national who has such a residence and fulfills the condition – within 12 months from the beginning of residence in the Slovak Republic

Please note that there is no legal entitlement to a work permit. The Office shall grant an employment permit without taking into account the situation on the labor market to a third-country national, if so provided by an international agreement by which the Slovak Republic is bound.

The Office shall grant an employment permit to a third-country national who is employed by an employer who has a registered office or registered office with an employment entity outside the territory of the Slovak Republic and who sends him on the basis of a contract concluded with a legal or natural person to perform work in the territory. Of the Slovak Republic, on the basis of the agreement of the numbers and professions of the posted workers and the period of their posting with the legal entity or natural person to whom the third-country national will be posted to perform the work. In all these cases, it is necessary to obtain a work permit and grant a temporary residence in the territory of the Slovak Republic for the purpose of employment. Exceptions to the granting of temporary residence are listed below.

In accordance with the provisions of the Foreigners Residence Act, the police department may grant a third-country national a temporary stay for the purpose of seasonal employment for a maximum of 180 days for 12 consecutive months after fulfilling the conditions.

Employment without the need for confirmation of the possibility of filling a vacancy or a work permit

The Employment Services Act in the provision of § 23a par. 1 contains a number of exceptions where it is possible to employ a third-country national without the need to obtain confirmation of the possibility of filling the post, or work permit respectively.

The employer may employ a third-country national:

  • who has been granted permanent residence in the territory of the Slovak Republic
  • who has been granted temporary residence of a third-country national who has been granted the status of a long-term resident in a Member State of the European Union, after 12 months from the beginning of the stay in the territory of the Slovak Republic
  • who has been granted temporary residence for the purpose of family reunification, 1. after 12 months of continuous residence in the territory of the Slovak Republic since the granting of temporary residence for the purpose of family reunification, 2. who is a family member of the blue card holder or 3. who is a family member of a third-country national a country which has been granted a temporary residence permit for research purposes and which it carries out on the basis of a hosting agreement
  • who is a family member of a citizen of a Member State of the European Union and who has the right to reside in the territory of the Slovak Republic
  • who is granted a temporary stay for the purpose of study and the performance of his work does not exceed for all employers 10 hours per week or 20 hours per week if he is a university student, or the corresponding number of days or months per year
  • who has been granted temporary residence for the purpose of research and development, and 1. who carries out research or development on the basis of a hosting agreement, or 2. whose teaching activity in an employment or similar employment relationship does not exceed a total of 50 days in a calendar year
  • who has been granted temporary residence of a third-country national who has the status of a Slovak living abroad
  • who is an asylum seeker and is allowed to enter the labor market by a special regulation
  • who has been granted asylum
  • which has been granted subsidiary protection
  • who has been granted temporary refuge
  • if the duration of his employment or secondment does not exceed a total of 30 days in a calendar year and which is
    • a teaching staff member, an academic staff member, a university teacher, a scientific, research or development worker who is a participant in a professional scientific event, or
    • a performing artist who participates in an art event
  • who ensures the supply of goods or services on the basis of a commercial contract and supplies or carries out assembly, warranty and repair work, work related to setting up production equipment systems, programming work or professional training, if the duration of his employment relationship or posting does not exceed a total of 90 days in a calendar year
  • who is admitted to an employment relationship on the basis of an international agreement by which the Slovak Republic is bound and which stipulates that the admission of a third-country national to an employment relationship does not require an employment permit
  • who is a family member of a member of a diplomatic mission, employee of a consular office or an employee of an international governmental organization established in the territory of the Slovak Republic, if an international agreement concluded on behalf of the Government of the Slovak Republic guarantees reciprocity
  • who is a member of the rescue team and provides assistance under the interstate agreement on mutual assistance in dealing with the consequences of accidents and natural disasters and in cases of humanitarian aid
  • who is a member of the armed forces or of a civilian component of the armed forces of the sending State
  • who carries out professional practice or professional training according to special regulations of schools or school facilities
  • who has successfully completed secondary school studies or university studies in the territory of the Slovak Republic
  • who will be employed for a specified period in order to increase his / her qualification in the job performed, for a maximum of one year
  • who has not reached the age of 26 and who will be employed in casual and time-limited work in school exchanges or in youth or education programs in which the Slovak Republic participates
  • posted by an employer established in a Member State of the European Union in the course of the provision of services provided by that employer
  • who is a partner of a company, a statutory body of a company or a member of a statutory body of a company which performs tasks for a company to which investment aid has been granted by carrying out activities during the period for which the decision approving investment aid was issued
  • who, for a commercial company to which investment aid has been granted, ensures the supply of goods or services on the basis of a commercial contract and supplies or carries out assembly, warranty and repair work, work related to setting up production systems, programming work or professional training, during the period for which the decision to approve the investment aid was issued
  • who is employed in international public transport if he is posted to his work by his foreign employer
  • which carries on business for a legal person which has been issued with a significant investment certificate and which: 1. manages that legal person or its organizational unit, or 2. has exceptional professional knowledge, skills, abilities or knowledge necessary for the company’s operation, research techniques or management, provided that the performance of this activity does not exceed a total of 90 days in a calendar year
  • which is accredited in the field of media
  • who has been extended for a tolerated stay because he is a victim of trafficking
  • who has been granted tolerated residence due to respect for his private and family life
  • who has been granted tolerated residence due to illegal employment under particularly exploitative working conditions, if his presence is necessary for the purposes of criminal proceedings
  • who carries out clerical work on behalf of a registered church or religious society
  • who has been granted a national visa and who is covered by a working holiday program approved by the Government of the Slovak Republic

Labor, Social Affairs and Family Office competent according to the place of work – the employer is obliged to provide the Office with information on the form (find here), no later than seven working days after the secondment of the third-country national and no later than seven working days from the end of the secondment third country.

Obligations in relation to the Foreigners Police – issues of temporary residence for the purpose of employment in the territory of the Slovak Republic

The Act on the Residence of Foreigners regulates situations where an alien does not have to apply for a temporary residence permit for the purpose of employment, provided that certain conditions are listed below.

Temporary residence for the purpose of employment is not required within 90 days from the beginning of the stay in the territory of the Slovak Republic, if the third-country national meets the conditions for residence according to the provisions of Art. 5 of the Regulation of the European Parliament and of the Council EC no. Council Regulation (EC) No 562/2006 establishes a Community Code on the rules governing the movement of persons across borders (Schengen Visa Code) and:

  1. works for a major foreign investor in the Slovak Republic
  2. is posted by an employer established in a Member State to the territory of the Slovak Republic in the framework of the provision of services provided by this employer
  3. is employed in international public transport, if he is sent to perform work in the territory of the Slovak Republic by his foreign employer
  4. is employed by an employer who has a registered office or registered office of an organizational unit with an employment entity outside the territory of the Slovak Republic and who sent him on the basis of a contract concluded with a legal entity or natural person to perform work in the Slovak Republic
  5. who ensures the supply of goods or services on the basis of a commercial contract and supplies or carries out assembly, warranty and repair work, work related to setting up production equipment systems, programming work or professional training, if the duration of his employment relationship or posting does not exceed a total of 90 days of the year, or
  6. who, for a commercial company to which investment aid has been granted pursuant to a special regulation, ensures the supply of goods or services on the basis of a commercial contract and supplies or carries out assembly, warranty and repair work, work related to setting up production systems, programming work or professional training, during the period for which the decision to approve the investment aid was issued

In this case, the employee does not have to apply for a temporary residence permit in order to perform the job. The period of 90 days from the beginning of the stay in the territory of the Slovak Republic and the fulfillment of the conditions according to Regulation no. 562/2006 (where the travel document is valid, eligibility to stay in the EU – residence, visa, etc.) and fulfillment of obligations to the relevant department of the Aliens Police, within three working days of entry to report to the police the start, place and expected length residence, if he has been issued with a Schengen visa or a national visa or if he is not required to do so, if the accommodation provider does not have this obligation, the police will issue a residence permit at the request of the third-country national. The national must prove the provision of accommodation and financial coverage of the stay in the territory of the Slovak Republic.

Examination of foreigners after a residence permit for the Foreigners Police / medical report for foreigners

Examination of foreigners Nitra – Examination of a foreigner for a stay for the foreign police in Nitra is provided by the outpatient clinic of foreign diseases on Hornočermanská 4 – Expat Clinic s.r.o., a medical examination for foreigners can be completed without ordering.

Contact us.

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