Dear employers,
In connection with the employment of third-country nationals, we bring you important information on how to proceed in the case of their employment after the application of the amendment to Act No. 404/2011 Coll. on the residence of foreign nationals.
In connection with this article, we would also like to draw your attention to the ongoing changes in the processing of the application for consent to the employment of a third-country national. If the applicant is applying for a national visa, it is necessary to designate the specific department of the Aliens Police where the applicant will apply for the residence permit when applying for the issuance of this permit. Otherwise, the central visa authority will refuse your application. We recommend that the application for a national visa should be accompanied by the consent of the Office of Labour, Social Affairs and Family, which you will obtain after submitting your application according to the articles below.
In the current days, we recommend our clients to preferably apply for residency through the embassy, i.e. not through the alternative route via the national visa. Please do not hesitate to contact us for more information.
This article is divided into three sections, with each section designed for a different employment purpose. Use the following three links to direct you to the correct section:
Employment of a third-country national with confirmation of the possibility of filling the vacancy Employment of a third-country national under the fast-track procedure, without a labour market survey Employment of an ADZ third-country national in a labour shortage occupation,
An employer may only employ a third-country national who:
- has been issued with a blue card
- on the basis of a confirmation of the possibility of filling a vacancy corresponding to a highly skilled job,
- and the authority has issued a certificate of availability for a vacancy corresponding to a highly skilled job, according to 21a(1)(b), which shall contain the consent to its occupation,
- and the third-country national has notified that employer with whom he/she is performing highly qualified employment, in accordance with a special regulation, after 12 months of performing highly qualified employment on the basis of the Blue Card,
- and on the basis of an application for renewal of a blue card submitted after 12 months of highly qualified employment under a blue card and the third-country national has named that employer in the application for renewal of the blue card; or
- and the Authority has issued a certificate of vacancy under 21b(1)(c), which shall contain the consent to its occupation,
- has been granted temporary residence for the purpose of employment on the basis of a vacancy certificate,
- has been granted temporary residence for the purpose of employment and the authority has issued a confirmation of the possibility of filling the vacancy according to § 21b(1)(b), which shall contain the consent to its occupation,
- has been granted a work permit and temporary residence for employment purposes,
- has been granted a work permit and temporary residence for family reunification,
- has been granted a work permit and temporary residence as a third-country national who has been granted long-term resident status in a Member State of the European Union,
- has been issued with a confirmation of the possibility of filling a vacancy corresponding to a highly skilled job, which includes an agreement to fill the vacancy, and has received an application for a blue card together with all the requisites pursuant to a special regulation,22db) from the date of validity of the confirmation of the possibility of filling a vacancy corresponding to a highly qualified job until the final termination of the procedure for issuing a blue card,
- has been issued with a certificate of the possibility of filling the vacancy, which includes an agreement to fill the vacancy, and has received an application for temporary residence for the purpose of employment, together with all the requisites under the special regulation,22dc) from the date of validity of the certificate of the possibility of filling the vacancy until the final termination of the procedure for granting temporary residence for employment purposes, or
- meets the conditions under Section 23a of Act No. 5/2004 Coll. on Employment Services - no confirmation of the possibility of filling the vacancy or employment permit is required.
Employment of a third-country national with confirmation of the possibility of filling the vacancy
Employment of a third-country national with a certificate of the possibility of occupying a VPM is the most used form of access to the labour market in the Slovak Republic. After reporting the vacancy to the Labour Office and the expiry of the statutory deadline, the employer shall request the Labour Office to issue a confirmation of the possibility of filling the vacancy. The Labour Office sends the issued confirmation to the Ministry of the Interior or the Ministry of Foreign and European Affairs of the Slovak Republic (as specified in the request for confirmation), and to the employer. The third-country national may, within 90 days of the issuance of the certificate, apply for temporary residence for the purpose of employment; after this period, the Aliens Police will no longer accept an application for temporary residence for the purpose of employment. When issuing a certificate of the possibility of occupying a VPM, the Labour Office- will take into account the situation on the labour market and the possibility of filling the VPM by the jobseeker - it is necessary that the relevant employment office is notified of the VPM at least 20 working days before the application for the issuance of a certificate of the possibility of filling the VPM. These are cases of:
- seasonal employment lasting more than 90 days (more info here). In the case of a vacancy certificate issued for the purpose of renewal of temporary residence for the purpose of seasonal employment, the VPM must be reported at least 15 working days before the application for the vacancy certificate is submitted,
- employment and temporary assignment of a third-country national ADZ to a beneficiary employer in a shortage occupation in the relevant region if the number of third-country nationals employed by the beneficiary employer, including those on temporary assignment, exceeded 45% of the total number of employees (procedure here),
- employment which does not fall within the above points or the points listed in paragraph B below.
- employment in a shortage occupation in the relevant district up to 45% of employed third-country nationals, including those on temporary assignment, out of the total number of employees of the employer, (procedure here)
- intra-corporate transfer, (procedure here)
- employment and temporary assignment of an ADZ third-country national to a beneficiary employer in a shortage occupation in the relevant region, if the number of third-country nationals employed by the beneficiary employer, including those on temporary assignment, does not exceed 45% of the total number of employees, (procedure here)
- employment of a third-country national who is carrying out continuous educational or scientific activity in the Slovak Republic as a pedagogical employee, university teacher, researcher or artistic worker of a university
- the employment of a third-country national who applies to renew his or her temporary residence for the purpose of employment in the same job,
- employment of a third-country national who has been granted a national visa under a special regulation and will be employed in the same workplace and who applies for a temporary residence permit for the purpose of employment,
- employment of a third-country national who has been granted temporary refuge and has been employed in an employment relationship in the territory of the Slovak Republic for at least six months and will be employed in the same workplace, and who applies for a temporary residence permit for the purpose of employment.
- An employer wishing to employ a third-country national must at least 20 working days before applying for a vacancy certificate report the VPM to the employment office, competent according to the place of work. The employer shall notify the VPM to the labour office in person, in writing, by telephone, by electronic mail or via the website http://www.sluzbyzamestnanosti.gov.sk/. The employer must indicate on the reported VPM that he/she is interested in employing a third-country national. If the employer sets a foreign language proficiency requirement in the reported VET for which he intends to recruit a third-country national, the Labour Office is not obliged to take this requirement into account when selecting job applicants, except for professions where language proficiency is necessary for the performance of the job and except for official languages used in EU Member States. In the case of jobs requiring employees with higher professional qualifications, the employer's condition of foreign language proficiency is acceptable to the Office.
- If, after 20 working days from the notification of the VPM, the position has not been filled by a jobseeker, the jobseeker may the employer to issue a promise for employment (Annex 7) [ DOCX] or conclude a future employment contract, and send it to the relevant employment office an electronic application for a vacancy certificate via central portal of public administration slovensko.sk (only these applications will be accepted), signed with a qualified electronic signature. If the application is submitted by an authorised person, it must be accompanied by a certified authorisation from the employer to do so.
- an employment contract or a written promise by the employer (in the case of a temporary assignment, the employer is ADZ) to employ the third-country national; if the third-country national is a third-country national pursuant to the second sentence of Section 21(4) of the Employment Services Act, the employer's promise shall also include the user employer's agreement to the temporary assignment (Annex 7) [ DOCX],
- the decision on the recognition of the third-country national's educational qualifications and a copy of the decision on the recognition of the professional qualification, if it concerns a regulated profession,
- temporary residence document if the third-country national has been granted residence in the territory of the Slovak Republic (both sides) - optional attachment,
- in the case of a temporary assignment, a copy of the temporary staff assignment agreement between the temporary employment agency and the user employer, if requested by the Authority. The temporary assignment of a third-country national to a user employer may only be in the case of employment with a labour shortage in the county pursuant to Section 12(ad) of the Employment Services Act
- the travel document, if the document referred to in point (c) has not been presented.
- Labour Office after assessing the application and the data in the annexes, and after verifying the statutory conditions for issuing the certificate, within 15 working days, issue a certificate about the possibility of filling the VPM and sends it electronically:
- to the Ministry of the Interior of the Slovak Republic - to the competent department of the OCP or to the Ministry of Foreign and European Affairs of the Slovak Republic; the competent authority is specified in the application for the issue of the certificate,
- the employer and the authorised person, if that person is making the application.
- If the application for temporary residence has been submitted in full and this is indicated on the acknowledgement of receipt of this application, the employer may make use of the provision of Section 21(1)(h) of the Employment Services Act and employ the third-country national from the date as indicated on the issued vacancy certificate, even without being granted temporary residence
- The employer has an obligation to hand over to the third-country national a copy of the vacancy certificate no later than when he or she starts work.
- The employer is obliged to notify the relevant employment office the entry/termination or non-entry into employment of the third-country national within 7 working days from the date specified on the certificate issued on the form Annex 13 [ DOCX]. If employment, also with attachments - copy of the employment contract, copy of the acknowledgement of receipt of the application for temporary residence for the purpose of employment with a statement of completeness (in the case of use of Section 21(1)(h)). As regards temporary assignment, this obligation is incumbent on the user employer.
- the Ministry of the Interior of the Slovak Republic - the relevant OCP department, and
- the employer and the authorised person, if that person is making the application.
Employment of a third-country national under the fast-track procedure, without a labour market survey
The Office will issue a confirmation of the possibility of filling the vacancy without taking into account the situation on the labour market if: (a) a third-country national who will carry out in the Slovak Republic continuous educational activity or scientific activity as a pedagogical employee, university teacher, researcher or artistic worker of a university, research employee or development employee in research activity, (b) a third-country national as referred to in paragraph 8(b) or (c) - intra-corporate transfer, (c) a vacancy certificate issued for the purpose of the renewal of temporary residence for the purpose of employment in the same job, (d) a confirmation of the possibility of filling a vacancy issued for the purpose of the procedure for granting temporary residence for employment to a third-country national who has national visa granted according to a special regulation and which will be employed in the same job, (e) a confirmation of the possibility of filling a vacancy issued for the purpose of the procedure for granting temporary residence for employment to a third-country national who provided temporary shelterwhich is employed in an employment relationship in the Slovak Republic for at least six months and who will be employed in the same job, (f) performance jobs with labour shortages a third-country national in a county referred to in § 12(ad) with an employer who, at the date of application, employs less than 45 % third-country nationals of the total number of employees, whereby the total number of employees shall include employees in an employment relationship agreed for at least half of the stipulated weekly working time; in the case of a third-country national pursuant to the second sentence of Section 21(4), the above conditions must be fulfilled by the user employer.- An employer wishing to employ a third-country national must, for the above cases, issue a certificate of vacancy no later than on the date of the application, report the VPM to the employment office, competent according to the place of work. This shall not apply to certificates issued under points (c) to (e).
- an employment contract or a written promise from the employer (Annex 7) [ DOCX] to employ a third-country national,
- the decision on the recognition of the third-country national's educational qualifications and a copy of the decision on the recognition of professional qualifications, if it is a regulated profession,
- a temporary residence document if the third-country national has been granted residence in the territory of the Slovak Republic (both parties), a national visa or a document of temporary refuge,
- a travel document if the documents under (c) are not provided,
- a declaration by the employer or user employer, in the case of a third-country national referred to in the second sentence of Section 21(4), that the conditions referred to in paragraph 7(f) have been fulfilled, on the form "Affidavit' (Annex 11) [ DOCX]if it is the performance of a labor shortage occupation in the county pursuant to § 12(ad).
- Labour Office after assessing the application and the data in the annexes, and after verifying the statutory conditions for issuing the certificate, within 15 working days, issue a certificate about the possibility of filling the VPM and sends it electronically
- to the Ministry of the Interior of the Slovak Republic - to the competent department of the OCP or to the Ministry of Foreign and European Affairs of the Slovak Republic; the competent authority is specified in the application for the issue of the certificate,
- the employer and the authorised person, if that person is making the application.
- The third-country national may, within 90 days of the issue of the certificate apply for temporary residence for the purpose of employment, the Aliens Police will no longer accept an application for temporary residence for that employment after the expiry of that period. Before submitting an application for temporary residence to the Aliens Police Department, it is necessary to make a reservation via the ordering system Ordering system for OCP, Ministry of the Interior - Police (minv.sk). Once the application for temporary residence has been submitted, the third-country national receives a confirmation of receipt.
- If the application for temporary residence has been submitted in full and this is indicated on the acknowledgement of receipt of this application, the employer may make use of the provision of Section 21(1)(h) of the Employment Services Act and employ the third-country national from the date as indicated on the issued vacancy certificate, even without being granted temporary residence
- The employer has an obligation to hand over to the third-country national a copy of the vacancy certificate no later than when he or she starts work.
- The employer is obliged to notify the relevant employment office the entry/termination or non-entry into employment of the third-country national within 7 working days from the date specified on the certificate issued on the form Annex 13 [ DOCX]. If employment, also with attachments - copy of the employment contract, copy of the acknowledgement of receipt of the application for temporary residence for the purpose of employment with a statement of completeness (in the case of use of Section 21(1)(h)). As regards temporary assignment, this obligation is incumbent on the user employer.
Employment of an ADZ third-country national in a job with a labour shortage
The Labor Department, pursuant to Section 12(ad), identifies labor shortage occupations in counties for a calendar quarter and publishes a list of those occupations on its website by the end of the calendar month immediately following the calendar quarter in question The performance of the employment must be at a location and job position that is listed in the list of shortage occupations for the region concerned. The ADZ may employ and second a third-country national to a user employer only if:- carries out the activity at least three years before applying for a certificate of availability for the VPM,
- the third-country national has been granted temporary residence for the purpose of employment on the basis of a certificate about the possibility of filling the vacancy,
- the job performed will be from the current list of labour shortage occupations in the relevant region at the time of the application for a certificate of the possibility of occupying the VPM.
- the user employer employs fewer than 45% nationals out of the total number of employees (section 21b(7)(f)), or
- the user employer employs more than 45% nationals out of the total number of employees
- an employment contract or a written promise from the employer (Annex 7 [ DOCX]) for the employment of the third-country national, the employer's promise shall include the user employer's agreement to the temporary assignment,
- the decision on the recognition of the third-country national's educational qualifications and a copy of the decision on the recognition of the professional qualifications, if a regulated profession,
- temporary residence document if the third-country national has been granted residence in the territory of the Slovak Republic (both sides) - optional attachment,
- a copy of the secondment agreement between the temporary employment agency and the user employer, if requested by the Authority,
- the travel document, if the document referred to in point (c) has not been presented,
- a declaration by the employer or user employer, in the case of a third-country national referred to in the second sentence of § 21(4), that the conditions referred to in § 21b(7)(f) have been fulfilled, on the form (Annex 11 [ DOCX]), if the occupation is a labor shortage occupation in the county pursuant to § 12(ad)
- to the Ministry of the Interior of the Slovak Republic - to the competent department of the OCP or to the Ministry of Foreign and European Affairs of the Slovak Republic; the competent authority is specified in the application for the issue of the certificate,
- the employer and the authorised person, if that person is making the application.
- The user employer to whom the third-country national will be temporarily assigned is obliged to, at least 20 working days before applying for a vacancy certificate, report the VPM to the employment officethe competent one according to the place of work. The VPM sends the notification to the labour office in person, in writing, by telephone, by e-mail or via the website http://www.sluzbyzamestnanosti.gov.sk/. The employer must indicate on the reported VPM that he/she is interested in employing a third-country national.
- If, after 20 working days from the reporting of the VPM, the position has not been filled by a jobseeker, ADZ may make a promise for employment (Annex 7 [ DOCX]) also with the agreement of the user employer to the secondment, or conclude a future employment contract, and send the relevant employment office an electronic an application for a vacancy certificate via central portal of public administration slovensko.sk (only these applications will be accepted), signed with a qualified electronic signature. Copies will be attached to the application:
- an employment contract or a written promise from the employer (Annex 7) [ DOCX] for the employment of the third-country national, the employer's undertaking shall include the user employer's agreement to the temporary assignment,
- the decision on the recognition of the third-country national's educational qualifications and a copy of the decision on the recognition of the professional qualifications, if a regulated profession,
- temporary residence document if the third-country national has been granted residence in the territory of the Slovak Republic (both sides) - optional attachment,
- a copy of the secondment agreement between the temporary employment agency and the user employer, if requested by the Authority,
- the travel document, if the document referred to in point (c) has not been presented.