Employer's obligations from 15.07.2024

Oto Kohút - managing director of vízum sk

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info@vizum.sk

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:
  1. 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,
  2. has been granted temporary residence for the purpose of employment on the basis of a vacancy certificate,
  3. 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,
  4. has been granted a work permit and temporary residence for employment purposes,
  5. has been granted a work permit and temporary residence for family reunification,
  6. 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,
  7. 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,
  8. 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
  9. 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.
A third-country national under (a) to (h) may only be employed in an employment relationship!

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
  1. 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:
  1. 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,
  2. 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),
  3. employment which does not fall within the above points or the points listed in paragraph B below.
In the case of a third-country national pursuant to Section 21(4), second sentence, of the Employment Services Act (temporary assignment of an ADZ), the deadlines for reporting the VPM are monitored with the user employer. B. will not take into account the situation on the labour market and will not consider the possibility of filling the VPM with a jobseeker (§ 21b (7)). These are cases of:
  1. 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)
  2. intra-corporate transfer,   (procedure here)
  3. 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)
  4. 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
  5. 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,
  6. 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,
  7. 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.
Temporary residence for employment purposes is granted for the period of employment, for a maximum of 2 years, or 180 days in the case of seasonal employment. The temporary residence granted to a third-country national may be extended by submitting an application for renewal of the temporary residence for employment purposes. In the case of seasonal employment (point A.1), the total period of employment may not exceed 180 days.  General employer procedure (A cases)
  1. 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.
A vacancy shall remain vacant until the employee takes up the post on the date specified in the contract of employment or until the employer cancels the vacancy. In the case of employment of a third-country national with an employment permit or certificate, the employer may fill the vacancy with this national only after obtaining the relevant permits or granting a temporary stay for the purpose of employment or a residence permit, in the case of a change of employment only after the issuance of a new certificate on the possibility of filling the vacancy. If the Labour Office has issued a confirmation with consent and the third-country national subsequently submits a complete application for temporary residence for employment purposes (he/she proves it with a confirmation issued by the Aliens Police Department), the employer may, pursuant to Section 21(1)(h) of the Employment Services Act, immediately employ the foreigner (as of the date specified in the issued confirmation).
  1. 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.
Copies will be attached to the application:
  1. 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],
  2. 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,
  3. temporary residence document if the third-country national has been granted residence in the territory of the Slovak Republic (both sides) - optional attachment,
  4. 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
  5. the travel document, if the document referred to in point (c) has not been presented.
If the application for the issuance of a certificate of the possibility of filling a vacancy is not complete or the attachments are not sufficient to verify the fulfilment of the conditions referred to in Section 21b(4), the Office sends a request to the employer's electronic mailbox for completion of the application with a deadline for completion of the application; the deadline for the issuance of a certificate of the possibility of filling a vacancy will subsequently begin to run after the receipt of the required data/attachments and the completion of the application.
  1. 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:
  1. 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,
  2. the employer and the authorised person, if that person is making the application.
4. 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.
  1. 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
"has been issued with a certificate of the possibility of filling the vacancy, which contains an agreement to fill it, and has had an application for temporary residence for employment purposes accepted, together with all the particulars under a special regulation, from the date of validity of the certificate of the possibility of filling the vacancy until the final termination of the procedure for the grant of temporary residence for employment purposes", - "has been issued with a certificate of the possibility of filling the vacancy, which contains an agreement to fill it, and has had an application for temporary residence for employment purposes accepted, together with all the particulars under a special regulation
  1. 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.
  2. 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.
Change the details on the vacancy certificate issued. Pursuant to Section 23b(1)(d) of the Employment Services Act, the employer is obliged to notify the Authority of any change in the data contained in the certificate of the possibility of filling a vacancy and the certificate of the possibility of filling a vacancy corresponding to a highly skilled job. The employer shall notify the changed data on the prescribed form (Annex 5) [  DOCX] 'Notification by the employer of a change in the information on the issued vacancy certificate'. Only for data which do not affect the conditions under which the certificate was issued the possibility of filling the vacancy (i.e. formal changes - change of surname of a third-country national, nationality, document numbers, change/addition of place of work within the territorial jurisdiction of the office, employer's seat, salary - increase), the office will issue a new certificate without the employer's request for a new certificate. Pursuant to Section 21b(15) of the Employment Services Act, upon notification of a change of data pursuant to Section 23b(1)(d) of the Employment Services Act (the above-mentioned formal changes of data which do not affect the fulfilment of the conditions pursuant to Section 21b(4) and (5)), the Authority shall issue a new confirmation of the possibility of occupying the VPM, without applying for the issue of the confirmation, without reporting the VPM and without examining the fulfilment of the conditions referred to in § 21b(4) and (5) Employment Services Act. The certificate is issued for the period during which the employment should last, but not longer than until the expiry of the first issued certificate or the validity of the temporary stay. The Office shall send the issued vacancy certificate as an electronic document
  1. the Ministry of the Interior of the Slovak Republic - the relevant OCP department, and
  2. the employer and the authorised person, if that person is making the application.
In the event of a change in the data on the vacancy certificate which affects the fulfilment of the conditions for the issue of the certificate (e.g. change of employer, change of the type of work performed, reduction in the amount of the wage), the employer must apply to the Office of Labour, Social Affairs and Family for the issue of a new certificate, in which the fulfilment of the conditions for the issue of the consent certificate will be examined (the procedure as described above in the General Procedure of the Employer, but without the resolution of the application for a temporary stay). A new certificate may be issued by the Authority for the remaining period.

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.
  1. 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).
The employer shall notify the Labour Office of the VPM 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. 2. The employer submits (if submitted by an authorised person, he/she must enclose an officially certified authorisation by the employer for this act) to the authority by electronic means (central portal of public administration) application for a certificate of availability for the VPM, signed by a qualified electronic signature, on the prescribed electronic form. Copies will be attached to the application:
  1. an employment contract or a written promise from the employer (Annex 7) [  DOCX] to employ a third-country national,
  2. 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,
  3. 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,
  4. a travel document if the documents under (c) are not provided,
  5. 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).
If the application for the issuance of a certificate of the possibility of filling a vacancy is not complete or the attachments are not sufficient to verify the fulfilment of the conditions referred to in Section 21b(4), the Office sends a request to the employer's electronic mailbox for completion of the application with a deadline for completion of the application; the deadline for the issuance of a certificate of the possibility of filling a vacancy will subsequently begin to run after the receipt of the required data/attachments and the completion of the application.
  1. 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
  1. 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,
  2. the employer and the authorised person, if that person is making the application.
  1. 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.
  2. 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
" has been issued with a certificate of the possibility of filling the vacancy, which contains an agreement to fill it, and has had an application for temporary residence for employment purposes accepted, together with all the particulars pursuant to a special regulation, from the date of validity of the certificate of the possibility of filling the vacancy until the final termination of the procedure for the grant of temporary residence for employment purposes,"
  1. 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.
  2. 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:
  1. carries out the activity at least three years before applying for a certificate of availability for the VPM,
  2. 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,
  3. 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.
Temporary employment agency may not that third-country national under a temporary residence permit for the purpose of employment seconded to another user employer. This also applies in the case of a renewal of temporary residence linked to a planned change of the user employer. A third-country national cannot change his/her ADZ during a valid temporary stay, he/she can only join a new employer, which is not the ADZ. A certificate of availability for filling a vacancy, which includes an agreement to fill the vacancy in the event of a temporary assignment, shall be issued only for the purpose of the procedure for granting temporary residence for employment purposes or the procedure for renewing temporary residence for employment purposes for the period during which the temporary assignment is expected to last. ADZ cannot employ a third-country national within the meaning of Section 21(1)(h) of the Employment Services Act, i.e. after the issuance of a confirmation of the possibility of occupying the VPM and the receipt of a complete application for temporary residence for employment purposes. A temporary assignment may be agreed for a maximum period of 24 months. The temporary assignment of an employee to the same user employer may be extended or renegotiated a maximum of four times within 24 months; this also applies in the case of a temporary assignment of an employee by another employer or another temporary employment agency to the same user employer. In the case of a temporary assignment of a third-country national of an ADZ pursuant to the second sentence of Section 21(4) to a user employer, if the performance of the work activity will be in an occupation listed in the current shortage occupation list in the relevant region, the procedures shall distinguish whether or not
  1. the user employer employs fewer than 45% nationals out of the total number of employees (section 21b(7)(f)), or
  2. the user employer employs more than 45% nationals out of the total number of employees
In the case of employment under (a) 1. The user employer to whom the third-country national will be temporarily assigned shall, at the latest on the date of the application 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. 2. The ADZ shall be submitted to the authority by electronic means (central portal of public administration) application for a certificate of availability for the VPM, signed by a qualified electronic signature, on the prescribed electronic form. Copies will be attached to the application:
  1. 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,
  2. 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,
  3. temporary residence document if the third-country national has been granted residence in the territory of the Slovak Republic (both sides) - optional attachment,
  4. a copy of the secondment agreement between the temporary employment agency and the user employer, if requested by the Authority,
  5. the travel document, if the document referred to in point (c) has not been presented,
  6. 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)
If the application for the issuance of a certificate of the possibility of filling a vacancy is not complete or the attachments are not sufficient to verify the fulfilment of the conditions referred to in Section 21b(4), the Office sends a request to the employer's/ADZ's electronic mailbox for completion of the application with a deadline for completion of the application; the deadline for the issuance of a certificate of the possibility of filling a vacancy will subsequently begin after the receipt of the required data/attachments and the completion of the application. 3. 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
  1. 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,
  2. the employer and the authorised person, if that person is making the application.
4. 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. 5. The user employer is obliged to hand over to the third-country national a copy of the vacancy certificate no later than when he or she starts work. 6. The user 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 there is a recruitment, also with attachments - a copy of the employment contract. In the case of employment under point (b)
  1. 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.
A vacancy shall remain vacant until the employee takes up the post on the date specified in the contract of employment or until the employer cancels the vacancy. In the case of employment of a third-country national with a certificate, the employer may fill the vacancy with this national only after obtaining the relevant permits or granting a temporary stay for the purpose of employment.
  1. 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:
  1. 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,
  2. 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,
  3. temporary residence document if the third-country national has been granted residence in the territory of the Slovak Republic (both sides) - optional attachment,
  4. a copy of the secondment agreement between the temporary employment agency and the user employer, if requested by the Authority,
  5. the travel document, if the document referred to in point (c) has not been presented.
If the application for the issuance of a certificate of the possibility of filling a vacancy is not complete or the attachments are not sufficient to verify the fulfilment of the conditions referred to in Section 21b(4), the Office sends a request to the employer's/ADZ's electronic mailbox for completion of the application with a deadline for completion of the application; the deadline for the issuance of a certificate of the possibility of filling a vacancy will subsequently begin after the receipt of the required data/attachments and the completion of the application. Further procedure as set out in points 3 to 6 above. Source: Office of Labour, Social Affairs and Family of the Slovak Republic [upsvr.gov.sk]
employer's obligations from 15.07.2024

Employer's obligations from 15.07.2024

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 applications for consent to the employment of a third-country national. If the applicant is applying for a national visa, it is necessary to designate, when applying for this consent, the specific department of the Aliens Police where the applicant will apply for residence. 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.

We advise our clients to apply for residency through the embassy as a matter of priority these days, i.e. not through the alternative route of a 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:
  1. 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,
  2. has been granted temporary residence for the purpose of employment on the basis of a vacancy certificate,
  3. 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,
  4. has been granted a work permit and temporary residence for employment purposes,
  5. has been granted a work permit and temporary residence for family reunification,
  6. 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,
  7. 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,
  8. 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
  9. 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.

A third-country national under (a) to (h) may only be employed in an employment relationship!

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

  1. 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:
  1. 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,
  2. 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),
  3. employment which does not fall within the above points or the points listed in paragraph B below.

In the case of a third-country national pursuant to Section 21(4), second sentence, of the Employment Services Act (temporary assignment of an ADZ), the deadlines for reporting the VPM are monitored with the user employer.

B. will not take into account the situation on the labour market and will not consider the possibility of filling the VPM with a jobseeker (§ 21b (7)). These are cases of:

  1. 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)
  2. intra-corporate transfer,   (procedure here)
  3. 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)
  4. 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
  5. 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,
  6. 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,
  7. 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.

Temporary residence for employment purposes is granted for the period of employment, for a maximum of 2 years, or 180 days in the case of seasonal employment. The temporary residence granted to a third-country national may be extended by submitting an application for renewal of the temporary residence for employment purposes. In the case of seasonal employment (point A.1), the total period of employment may not exceed 180 days.

 General employer procedure (A cases)

  1. 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.

A vacancy shall remain vacant until the employee takes up the post on the date specified in the contract of employment or until the employer cancels the vacancy. In the case of employment of a third-country national with an employment permit or certificate, the employer may fill the vacancy with this national only after obtaining the relevant permits or granting a temporary stay for the purpose of employment or a residence permit, in the case of a change of employment only after the issuance of a new certificate on the possibility of filling the vacancy. If the Labour Office has issued a confirmation with consent and the third-country national subsequently submits a complete application for temporary residence for employment purposes (he/she proves it with a confirmation issued by the Aliens Police Department), the employer may, pursuant to Section 21(1)(h) of the Employment Services Act, immediately employ the foreigner (as of the date specified in the issued confirmation).

  1. 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) [ the employer's obligations 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.

Copies will be attached to the application:

  1. 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) [ the employer's obligations DOCX],
  2. 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,
  3. temporary residence document if the third-country national has been granted residence in the territory of the Slovak Republic (both sides) - optional attachment,
  4. 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
  5. the travel document, if the document referred to in point (c) has not been presented.

If the application for the issuance of a certificate of the possibility of filling a vacancy is not complete or the attachments are not sufficient to verify the fulfilment of the conditions referred to in Section 21b(4), the Office sends a request to the employer's electronic mailbox for completion of the application with a deadline for completion of the application; the deadline for the issuance of a certificate of the possibility of filling a vacancy will subsequently begin to run after the receipt of the required data/attachments and the completion of the application.

  1. 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:
  1. 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,
  2. the employer and the authorised person, if that person is making the application.

4. 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.

  1. 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

"has been issued with a certificate of the possibility of filling the vacancy, which contains an agreement to fill it, and has had an application for temporary residence for employment purposes accepted, together with all the particulars under a special regulation, from the date of validity of the certificate of the possibility of filling the vacancy until the final termination of the procedure for the grant of temporary residence for employment purposes", - "has been issued with a certificate of the possibility of filling the vacancy, which contains an agreement to fill it, and has had an application for temporary residence for employment purposes accepted, together with all the particulars under a special regulation

  1. 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.
  2. 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 [ the employer's obligations 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.

Change the details on the vacancy certificate issued.

Pursuant to Section 23b(1)(d) of the Employment Services Act, the employer is obliged to notify the Authority of any change in the data contained in the certificate of the possibility of filling a vacancy and the certificate of the possibility of filling a vacancy corresponding to a highly skilled job. The employer shall notify the changed data on the prescribed form (Annex 5) [ the employer's obligations DOCX] 'Notification by the employer of a change in the information on the issued vacancy certificate'. Only for data which do not affect the conditions under which the certificate was issued the possibility of filling the vacancy (i.e. formal changes - change of surname of a third-country national, nationality, document numbers, change/addition of place of work within the territorial jurisdiction of the office, employer's seat, salary - increase), the office will issue a new certificate without the employer's request for a new certificate.

Pursuant to Section 21b(15) of the Employment Services Act, the Authority, upon notification of a change of data pursuant to Section 23b(1)(d) of the Employment Services Act (the above-mentioned formal changes to data that do not affect the fulfilment of the conditions pursuant to Section 21b(4) and (5)), shall issue a new confirmation of the possibility of occupying the VPM, without applying for the issue of the confirmation, without reporting the VPM and without examining the fulfilment of the conditions referred to in § 21b(4) and (5) Employment Services Act. The certificate is issued for the period during which the employment should last, but not longer than until the expiry of the first issued certificate or the validity of the temporary stay.

The Authority will send the issued vacancy certificate as an electronic document

  1. the Ministry of the Interior of the Slovak Republic - the relevant OCP department, and
  2. the employer and the authorised person, if that person is making the application.

In the event of a change in the data on the vacancy certificate which affects the fulfilment of the conditions for the issue of the certificate (e.g. change of employer, change of the type of work performed, reduction in the amount of the wage), the employer must apply to the Office of Labour, Social Affairs and Family for the issue of a new certificate, in which the fulfilment of the conditions for the issue of the consent certificate will be examined (the procedure as described above in the General Procedure of the Employer, but without the resolution of the application for a temporary stay). A new certificate may be issued by the Authority for the remaining period.

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 a 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 referred to in paragraph 8(b) or (c) - intra-corporate transfer,

(c) a vacancy certificate issued for the purpose of the procedure for 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 a temporary residence permit for the purpose of 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 is 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.

  1. 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).

The employer shall notify the Labour Office of the VPM 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.

2. The employer submits (if submitted by an authorised person, he/she must enclose an officially certified authorisation by the employer for this act) to the office by electronic means (central portal of public administration) application for a certificate of availability for the VPM, signed by a qualified electronic signature, on the prescribed electronic form. Copies will be attached to the application:

  1. an employment contract or a written promise from the employer (Annex 7) [ the employer's obligations DOCX] to employ a third-country national,
  2. 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,
  3. 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,
  4. a travel document if the documents under (c) are not provided,
  5. 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) [ the employer's obligations DOCX]if it is the performance of a labor shortage occupation in the county pursuant to § 12(ad).

If the application for the issuance of a certificate of the possibility of filling a vacancy is not complete or the attachments are not sufficient to verify the fulfilment of the conditions referred to in Section 21b(4), the Office sends a request to the employer's electronic mailbox for completion of the application with a deadline for completion of the application; the deadline for the issuance of a certificate of the possibility of filling a vacancy will subsequently begin to run after the receipt of the required data/attachments and the completion of the application.

  1. 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
  1. 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,
  2. the employer and the authorised person, if that person is making the application.
  1. 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.
  2. 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

" has been issued with a certificate of the possibility of filling the vacancy, which contains an agreement to fill it, and has had an application for temporary residence for employment purposes accepted, together with all the particulars pursuant to a special regulation, from the date of validity of the certificate of the possibility of filling the vacancy until the final termination of the procedure for the grant of temporary residence for employment purposes,"

  1. 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.
  2. 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 [ the employer's obligations 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 the place and position specified in the list of shortage occupations for the region concerned.

ADZ may employ and second a third-country national to a user employer only if:

  1. carries out the activity at least three years before applying for a certificate of availability for the VPM,
  2. 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,
  3. 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.

Temporary employment agency may not that third-country national under a temporary residence permit for the purpose of employment seconded to another user employer. This also applies in the case of a renewal of temporary residence linked to a planned change of the user employer. A third-country national cannot change his/her ADZ during a valid temporary stay, he/she can only join a new employer, which is not the ADZ.

A certificate of availability for filling a vacancy, which includes an agreement to fill the vacancy in the event of a temporary assignment, shall be issued only for the purpose of the procedure for granting temporary residence for employment purposes or the procedure for renewing temporary residence for employment purposes for the period during which the temporary assignment is expected to last.

ADZ cannot employ a third-country national within the meaning of Section 21(1)(h) of the Employment Services Act, i.e. after the issuance of a confirmation of the possibility of occupying the VPM and receipt of a complete application for temporary residence for the purpose of employment.

A temporary assignment may be agreed for a maximum of 24 months. The temporary assignment of an employee to the same user employer may be extended or renegotiated a maximum of four times within 24 months; this shall also apply in the case of a temporary assignment of an employee by another employer or another temporary employment agency to the same user employer.

In the case of a temporary assignment of a third-country national of an ADZ pursuant to the second sentence of Section 21(4) to a user employer, if the performance of the work activity will be in an occupation listed in the current shortage occupation list in the relevant region, the procedures distinguish whether

  1. the user employer employs fewer than 45% nationals out of the total number of employees (section 21b(7)(f)), or
  2. the user employer employs more than 45% nationals out of the total number of employees

In the case of employment under (a)

1. The user employer to whom the third-country national will be temporarily assigned shall, at the latest on the date of the application 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.

2. The ADZ is submitted to the Authority by electronic means (central portal of public administration) application for a certificate of availability for the VPM, signed by a qualified electronic signature, on the prescribed electronic form. Copies will be attached to the application:

  1. an employment contract or a written promise from the employer (Annex 7 [ the employer's obligations DOCX]) for the employment of the third-country national, the employer's promise shall include the user employer's agreement to the temporary assignment,
  2. 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,
  3. temporary residence document if the third-country national has been granted residence in the territory of the Slovak Republic (both sides) - optional attachment,
  4. a copy of the secondment agreement between the temporary employment agency and the user employer, if requested by the Authority,
  5. the travel document, if the document referred to in point (c) has not been presented,
  6. 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 [ the employer's obligations DOCX]), if the occupation is a labor shortage occupation in the county pursuant to § 12(ad)

If the application for the issuance of a certificate of the possibility of filling a vacancy is not complete or the attachments are not sufficient to verify the fulfilment of the conditions referred to in Section 21b(4), the Office sends a request to the employer's/ADZ's electronic mailbox for completion of the application with a deadline for completion of the application; the deadline for the issuance of a certificate of the possibility of filling a vacancy will subsequently begin after the receipt of the required data/attachments and the completion of the application.

3. 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

  1. 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,
  2. the employer and the authorised person, if that person is making the application.

4. 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.

5. The user 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.

6. The user 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 [ the employer's obligations DOCX]. If there is a recruitment, also with attachments - a copy of the employment contract.

In the case of employment under point (b)

  1. 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.

A vacancy shall remain vacant until the employee takes up the post on the date specified in the contract of employment or until the employer cancels the vacancy. In the case of employment of a third-country national with a certificate, the employer may fill the vacancy with this national only after obtaining the relevant permits or granting a temporary stay for the purpose of employment.

  1. 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 [ the employer's obligations 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:
  1. an employment contract or a written promise from the employer (Annex 7) [ the employer's obligations DOCX] for the employment of the third-country national, the employer's undertaking shall include the user employer's agreement to the temporary assignment,
  2. 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,
  3. temporary residence document if the third-country national has been granted residence in the territory of the Slovak Republic (both sides) - optional attachment,
  4. a copy of the secondment agreement between the temporary employment agency and the user employer, if requested by the Authority,
  5. the travel document, if the document referred to in point (c) has not been presented.

If the application for the issuance of a certificate of the possibility of filling a vacancy is not complete or the attachments are not sufficient to verify the fulfilment of the conditions referred to in Section 21b(4), the Office sends a request to the employer's/ADZ's electronic mailbox for completion of the application with a deadline for completion of the application; the deadline for the issuance of a certificate of the possibility of filling a vacancy will subsequently begin after the receipt of the required data/attachments and the completion of the application.

Further procedure as outlined in points 3 - 6 above.

Source: the Office of Labour, Social Affairs and Family of the Slovak Republic [upsvr.gov.sk]

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