Employment of foreigners

Employment of foreigners (third country nationals, citizens of the EU Member States and a state that is a party to the Agreement on the European Economic Area, and the Swiss Confederation and their family members) with a place of work in the Slovak Republic is regulated by the Act No. 5/2004 Coll. on Employment Services and amending certain acts as amended by later regulations (hereinafter the „Act on Employment Services“).

A citizen of an EU Member State and a state that is a party to the Agreement on the European Economic Area, and the Swiss Confederation and their family members has the same right in legal relations in accordance with the Act on Employment Services as a citizen of the Slovak Republic unless this Act stipulates otherwise. More information is available on website of the Central Office of Labour, Social Affairs and Family

An employer may only employ a third-country national who

  • is a holder of the EU Blue Card,
  • has been granted temporary residence for employment purposes upon a confirmation of the possibility of filling a vacancy,
  • has been granted a work permit and a temporary residence for employment purposes,
  • has been granted a work permit and a temporary residence for the purpose of family reunion,
  • has been granted a work permit and temporary residence of a third-country national, who has a status of a long-term resident in a Member State of the European Union, unless stipulated otherwise by a special regulation, or
  • does not require confirmation of the possibility of filling a vacancy that corresponds to a highly qualified employment, confirmation of the possibility of filling a vacancy or a work permit.

EU Blue Card

EU Blue Card is a form of a temporary residence which enables a third-country national to enter, reside and work in the territory of the Slovak Republic for the purpose of a highly qualified employment, to leave the territory of the Slovak Republic and re-enter the territory of the Slovak Republic during the period for which it was issued by a Police Department. One of the legal conditions for the EU Blue Card issuance is submission of a contract of employment or employer’s written promise with an employment contract for the performance of a highly qualified employment, if the employment on the basis of such an employment contract should last at least one year from the date of the granting of a EU Blue Card and the monthly salary is agreed in the amount of at least 1.5-fold of the average monthly salary of an employee in the Slovak Republic in the respective area published by the Statistical Office of the Slovak Republic for the calendar year which precedes the calendar year in which the EU Blue Card application is filed or a written promise of the employer to hire the third-country national for a highly qualified employment. The EU Blue Card is issued to a third-country national for three years or if the duration of employment is shorter than three years, the EU Blue Card is issued for the duration of employment period extended by 90 days. When issuing the EU Blue Card a Police Department requests from the Central Office of Labour, Social Affairs and Family a confirmation of the possibility of filling a vacancy that corresponds to a highly qualified employment. Conditions for issuing the confirmation of the possibility of filling a vacancy that corresponds to a highly qualified employment containing a consent or an opposition to it are defined by the Act on Employment Services.

Temporary residence for the purpose of employment upon confirmation of the possibility of filling a vacancy (single permit)

A third-country national who intends to be employed in the Slovak Republic submits an application for a single permit at the Police Department, which is required to accept even an incomplete application. A single permit authorizes a third-country national to reside in the territory of the Slovak Republic for the purpose of employment. When issuing a single permit a Police Department requests from the relevant Labour Office confirmation of the possibility of filling a vacancy. Conditions for issuing the confirmation of the possibility of filling a vacancy containing consent or opposition to it are defined by the Act on Employment Services.

Work permit

Temporary residence for the purpose of employment on the basis of a work permit to a third country national shall be granted by a Police Department if there are no reasons for its refusal. Conditions for obtaining of work permit are regulated by the Act on Employment Services. There is no legal right to obtain a work permit. A work permit is granted by the relevant Labour Office at the written request of a third-country national, employer or a legal or natural person, to whom the third country national is seconded to perform work.

The relevant Labour Office may grant a work permit to a third country national that has been granted

  • temporary residence for the purpose of a family reunification, in the period of up to 12 months from the date of issuance of the temporary residence permit for the purpose of family reunification,
  • temporary residence of a third country national who has the status of a long-term resident in a Member State of the European Union, unless provided otherwise by a special legislation, in the period of up to 12 months from the beginning of the residence in the Slovak Republic.

Employment without a work permit, confirmation of the possibility of filling a vacancy that corresponds to the highly qualified employment or confirmation of the possibility of filling a vacancy

Group of persons, nationals of third countries in respect of whom there is no legal requirement to have confirmation of the possibility of filling a vacancy that corresponds to a  highly qualified employment, confirmation of the possibility of filling a vacancy and work permit when entering the Slovak labour market are exhaustively defined by the Act on Employment Services.

Free legal services in this field are provided by the Migration Information Centre and the relevant authority responsible for this field is the Ministry of Labour, Social Affairs and Family of the Slovak Republic.

 

Third-country nationals, including foreign touring performers, wishing to stay in the Slovak Republic must comply with general requirements defined in the Act 404/2021 Coll.

The requirements for the stay of foreign touring performers and their technical support staff wishing to perform in the Slovak Republic, differ based on whether they have an employment relationship with an employer in Slovakia (as defined by Article 3 of the Employment Services Act No. 5/2004) and on whether they need to apply for  temporary residence under the Act no. 404/2011 Coll.:

Foreign touring performers who DO NOT HAVE an employment relationship with an employer in the Slovak Republic (for example, they are paid outside the Slovak Republic) do not need to apply for a work permit.

  • Depending on their nationality, they may need to apply for the “Temporary residence for the purpose of special activity” according to the Act no. 404/2011 Coll.
  • Some third-country nationals, including UK touring performers, do not need to apply for the “Temporary residence for the purpose of special activity” for stays up to 90 days in a 180-day period.
  • For further advice on whether and which type of temporary residence you need, please contact the Foreign Police Department in the Slovak Republic or the Ministry of Interior of the Slovak Republic. 

Foreign touring performers who DO HAVE an employment relationship with an employer in the Slovak Republic:

  • Need to apply for a “Temporary Residence for the Purpose of Employment” on the basis of confirmation on filling a vacancy. This can be done either at a Slovak Embassy or at the Foreign Police Department after arrival in Slovakia. Be advised to check the preconditions in advance.
  • Some third-country nationals do not need to apply for the “Temporary Residence” for stays up to 90 days in a 180-day period, provided they stay in the Slovak Republic legally and report their place of stay to the Foreign Police Department within 3 working days of entry. Note: When staying at a hotel, hostel, etc., the accommodation provider reports the stay in the Slovak Republic on the foreigner’s behalf.
  • In case the employment exceeds 30 days in a calendar year, foreign touring performers must additionally confirm to the Labour Office that they are filling a vacancy. The employer may be able to advise on how to proceed in such case.
  • In case the employment does not exceed 30 days in a calendar year, this information would be automatically communicated to the Labour Office on the performer’s behalf by the respective police department (where the application for the “Temporary Residence for the Purpose of Employment” is filed). 

 

 

 

A third-country national has the same right to use employment services as a citizen of the Slovak Republic, provided:

  • she or he has been granted work permit and temporary residence permit for the purpose of employment,
  • they are holders of the EU Blue Card,
  • they are asylum applicants whose labour market entry is permitted by Act No. 480/2002 on asylum.


An employer that has a registered office in the territory of the Slovak Republic can hire in employment only a third-country national who meets the conditions above.

 

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