Conditions for Temporary Employment Agencies When Temporarily Assigning Foreign Nationals
According to Section 21 of Act No. 5/2004 Coll., Employment of Third-Country Nationals with the Place of Employment in the Territory of the Slovak Republic
(1) An employer may employ a third-country national only if the national:
a) holds a European Union Blue Card,
b) has been granted temporary residence for the purpose of employment based on confirmation of the possibility to fill a vacant job position,
c) has been granted a work permit and temporary residence for the purpose of employment, unless otherwise specified by special regulations,
d) has been granted a work permit and temporary residence for the purpose of family reunification,
e) has been granted a work permit and temporary residence as a third-country national who has been granted long-term resident status in an EU member state, unless otherwise specified by special regulations, or
f) meets the conditions under Section 23a.
Section 4 of this Section 21 of the law provides wording that allows temporary employment agencies to temporarily assign a foreign national from a third country if:
- The temporary employment agency (TEA) has been in operation for at least 3 years prior to submitting the application for granting/renewing temporary residence for the purpose of employment,
- The foreign national will be employed in a job with a shortage of workforce,
- The foreign national will work in districts with an average registered unemployment rate lower than 5%.
Section 21, Paragraph 4 of Act No. 5/2004 Coll.:
An employer or a temporary employment agency cannot temporarily assign a third-country national according to Paragraph 1 (a) to (e) to work for a user employer.
A temporary employment agency that has been in operation for at least three years before submitting the application for granting temporary residence for employment purposes or before applying for a renewal of temporary residence for employment purposes may temporarily assign a third-country national, as per Paragraph 1 (b), to work for a user employer in a job with a workforce shortage in the region as specified in Section 12 (ae). The temporary employment agency must not temporarily assign the third-country national, under the granted temporary residence for employment purposes, to another user employer.
The Central Office of Labour regularly identifies jobs with a workforce shortage in districts where the average registered unemployment rate for a calendar quarter was lower than 5%. The list of these jobs is published on the website of the Central Office by the end of the month following the relevant calendar quarter.