Temporary stay for the purpose of employment

Temporary stay for the purpose of employment

A temporary residence permit for the purpose of employment may be granted by the police department to a foreigner on the basis of an employment permit; this does not apply if an employment permit is not required or if an international treaty so stipulates.

A temporary residence permit for the purpose of seasonal employment may be granted by the police department to a foreigner after meeting the conditions under paragraph 1 for a maximum of 180 days in a calendar year.

A temporary residence permit for the purpose of employment is not required within 90 days of crossing the external border, if the foreigner is:

a) who works for a significant foreign investor in the Slovak Republic,

b) sent by an employer based in another member state of the European Union to the territory of the Slovak Republic as part of the provision of services provided by this employer, 10bc)

c) who is employed in international public transport, if he is sent by his foreign employer to perform work on the territory of the Slovak Republic, or

d) who has an employment relationship with an employer that has its registered office or the registered office of an organizational unit with labor law subjectivity outside the territory of the Slovak Republic and who sent him on the basis of a contract concluded with a legal entity or a natural person to perform work in the territory of the Slovak Republic.

Employing a non-EU citizen can be very administratively demanding compared to employing an EU citizen. In order to be successful with your application for temporary residence, it is necessary to proceed in accordance with the legal requirements. It is therefore wise to leave this agenda to experienced professionals who know all aspects of the process and can deal with unexpected obstacles and demands. Here are some examples of what you need to prepare in case you plan to employ a third-country national.

To be successful, you must ensure:

  • publication of a job offer at the Labor Office for the period specified by law
  • preparation of all documents for the foreign police / consulate
  • provision of translation services
  • submitting an application to the foreign police
  • registration in the health insurance company
  • medical Arbitration

The employment of foreigners (nationals of third countries, citizens of EU member states and a state that is a party to the Agreement on the European Economic Area and the Swiss Confederation and their family members) with a place of work on the territory of the Slovak Republic is regulated by Act No. 5/2004 Coll. on employment services and on the amendment of certain laws as amended (hereinafter referred to as the "Employment Services Act").

Employment of an EU citizen/Agreement on the European Economic Area

In accordance with the Employment Services Act, a citizen of an EU member state, a state party to the Agreement on the European Economic Area, and the Swiss Confederation and their family members have the same right in legal relations as a citizen of the Slovak Republic, unless this law provides otherwise. You can find more information on the website of the Center for Labour, Social Affairs and Family.

Employment of a national of a third country

An employer may only employ a third-country national who:

- is a holder of an EU blue card,
- has been granted temporary residence for the purpose of employment on the basis of a confirmation of the possibility of filling a vacant position,
- has been granted a permit for employment and temporary residence for the purpose of employment,
- has been granted a permit for employment and temporary residence for the purpose of family reunification,
- has been granted a permit for the employment and temporary residence of a national of a third country who has the status of a person with a long-term residence in a member state of the European Union, unless a special regulation provides otherwise, or requires a confirmation of the possibility of filling a vacant job that corresponds to a highly qualified job, a confirmation of options for filling a vacant position or a work permit.

An employer based in the territory of the Slovak Republic may only employ a third-country national who meets the above conditions.

Does the process seem too complicated? Leave it to our specialists - lawyers dedicated to this agenda for several years. We will thoroughly examine the individual requirements of your employees, and then choose the most vital employment procedure for you.