Legal
28 March 2018

Amendment to the Act on Employment Services adjusts the conditions of employment of third-country nationals

An amendment to the Act on Employment Services will enter into force at the beginning of May, that among other things introduces changes to the conditions of employment of third-country nationals.

Marian Dzuroška

An amendment to the Act on Employment Services will enter into force at the beginning of May, that among other things introduces changes to the conditions of employment of third-country nationals.

1. Simplifying the conditions of employment of third-country nationals. Under the current legislation, the Office of Labor, Social Affairs and Family of the Slovak Republic (the "Labor Office") grants a consent with filing a vacant job position by a third country national (non EU) if the vacant job position cannot be filled by the Slovak jobseeker who is listed in the Labor Office's records. 

The Amendment introduces a simplification of this rule by providing that the Labor Office will not examine the situation in the labor market and will not seek suitable candidates from the Slovak labor market for a vacant position in the occupation of vacancies which will be, by the Headquarters of Labor, Social Affairs and Family of the Slovak Republic (the "Labor Headquarter"), classified as labor shortages in the Slovak districts where the average registered unemployment rate is less than 5% (the "List of job positions of selected districts"). The Labor Office will publish the List of job positions of selected districts for 2017 until 30 June 2018 on its web site.                                           

For these job positions, publishing of an announcement of the vacant post will not be required. This exemption will apply only to those employers who employ less than 30% of third-country nationals from the total number of employees on the date of submission of an application for granting a temporary residence permit for the purpose of employment in Slovakia (submitted by a third-country national).

2. Limitation of the number of employees from third-country nationals. The employer may not employ more than 30% of third-country nationals employed under the exception set forth in point 1 above (i.e. without studying the labor market situation and without searching for suitable candidates from the Slovak labor market on the grounds that the job position was listed in the List of job positions of selected districts).

3. Shortening of the period for publishing the job vacancy notice. The period for publication of the announcement of the vacant post in order to find a suitable candidate for a vacant job position from the Slovak labor market is shortened from 30 working days to 20 working days. This shortened period will also apply to an application for granting a temporary residence permit for the purpose of employment in Slovakia and to the renewal (extension) of the temporary residence for employment in Slovakia.

4. Limitation of employability of third-country nationals. A positive statement with filing a vacant job position by a third country national as well as employment permit will be issued by the Labor Office only to employers who have not violated the prohibition of illegal employment for a period of two years before a third-country national applies for a temporary residence for employment in Slovakia.

5. Abolition of one of the possibilities for obtaining a work permit and temporary stay for employment purposes. As of 1 May 2018, it will not be longer possible for an employee to obtain a work permit and temporary residence for the purpose of employment for a third country national (non EU) for the purpose of performance of work within the Slovak Republic on a contractual basis concluded between legal or natural entity. . The work permits and temporary residences for employment issued before 1 May 2018 remain valid for the entire period for which they were granted.

6. Introduction of additional obligations for an employer to whom employees are posted from another EU, EEA Member State or Swiss Confederation. In the case of assignment of employee by the employer residing in another EU Member State, the EEA or Swiss Confederation, as of 1 May 2018, Slovak employers must attach to the information card the following documents:

  • A document proving the provision of accommodation
  • Form A1 certifying the social security of a third-country national in the Member State from which he/she is posted to work in the territory of the Slovak Republic,
  • Copy of the residence permit for residence in the territory of the EU, EEA Member State or Swiss Confederation in which a third-country national normally performs the work if the residence permit is required under the legislation of the country from which he/she is posted to Slovakia.

The relevant Labor Office for fulfilment of this information obligation is the office in whose territory the work is being performed.

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