Employment of foreigners
Employment relations in Slovakia are regulated by the Labour Code and by the Act on Employment Services.
Currently, there are four forms of access to employment for third country nationals:
- with a confirmation of the possibility to fill a vacant position
- with a confirmation of the possibility to fill a vacant position corresponding to an employment requiring higher qualification (associated with the application for an EU Blue Card)
- with a work permit
- employment for which a work permit or a confirmation of the possibility to fill a vacant position is not required
An employer may only employ a third country national who:
- is a holder of an EU Blue Card
- has been granted a temporary residence for the purpose of employment upon confirmation of the possibility to fill a vacant position
- has been granted a work permit and a temporary residence for the purpose of employment
- has been granted a work permit (during the first 12 months of being granted a temporary residence) and a temporary residence for the purpose of family reunification
- has been granted a work permit (during the first 12 months of being granted a temporary residence) and a temporary residence as a third country national with a long-term resident status in an EU Member State
- is not required to obtain a confirmation of the possibility to fill a vacant position or a work permit.
Third country nationals under the first five points can only be employed under standard employment contract. Hence neither a work permit nor a confirmation of the possibility to fill a vacant position is required under the last point, working upon agreements on work performed outside employment relationship is also possible (e.g. work performance agreement, agreement on a part‑time job of students, agreement on work activity).
Foreigners with a granted temporary residence for the purpose of studies, research and development, family reunification or special activity may be employed to some extent, in specific cases and under defined conditions.
A foreigner who will be performing educational or scientific activities as a pedagogic employee, university teacher, researcher/artist at a higher education institution, or research/development staff engaged in research activities shall in general apply for a temporary residence for the purpose of employment based on a confirmation of the possibility to fill a vacant position (if other relevant purposes of residence cannot be applied – e. g. research and development based on a Hosting Agreement, special activity). In this case, the confirmation will be issued by the Labour Office without taking into account the labour market situation.
- to report a job vacancy to the competent Office of Labour, Social Affairs and Family via the online system ISTP or via an official form for reporting a job vacancy „Nahláška voľného pracovného miesta“
- to request the third country national's residence card before the start of work and then keep a copy of it during the time of employment,
- to conclude an employment relationship in compliance with the Labour Code,
- to inform the Labour Office in writing about the start and termination of employment within seven working days thereof together with a copy of the employment contract,
- to inform the Labour Office in writing if the third country national who was granted a work permit or a temporary residence based on the confirmation of the possibility to fill a vacant position did not start the job within seven working days of the day set as the day of starting the job,
- in case of employing a third country national who does not need a work permit or a confirmation of the possibility to fill a vacant position – to inform the Labour Office about the start and termination of the employment within seven working days thereof (using a form “Informačná karta o vzniku/skončení pracovnoprávneho vzťahu alebo o vyslaní na výkon práce/skončení vyslania na výkon práce štátneho príslušníka tretej krajiny uvedeného v § 23a ods. 1 zákona o službách zamestnanosti“ in two copies), together with a document proving that he/she does not need a permit or confirmation and a copy of the employment contract,
- to register the employee with a local branch of the Social Insurance Agency (Sociálna poisťovňa) before the employment starts,
- to register the employee with the health insurance company within eight working days of the entry into employment,
- to deregister the employee from all the institutions after the termination of employment (within eight days from the Social Insurance Agency, within eight working days from the health insurance company),
- to notify the police department in writing of the termination of the employment of a third country national within three working days,
- in case of employing a third country national who carries out research activities on the basis of a hosting agreement – to notify the Ministry of Education, Science, Research and Sport of the SR without delay, within two months at the latest of the following facts:
- early termination of a Hosting Agreement,
- facts that indicate the end of participation of the foreigner in a research and development project,
- termination of the research and development project,
- termination of the hosting agreement,
- facts that prevent the implementation of the research and development project.
List of local labour offices can be found on the website of the Central Office of Labour, Social Affairs and Family
More information on employment of the above categories can be found here.
When is a work permit or a confirmation of the possibility to fill a vacant position not required?