Assignment of third-country nationals by temporary employment agencies, assignment of refugees.Part Two.

Employment of Foreign Nationals According to § 24(1)(b)

Among the additional conditions that must be met for the relevant labor office to issue a certificate confirming the possibility of filling a vacant position is that the employer wishing to hire a third-country national, as well as the user employer (if the third-country national is according to § 21(4) of the second sentence), must:

  • Not have violated the ban on illegal employment in the five years preceding the application for temporary residence for the purpose of employment or the application for the renewal of temporary residence for employment purposes,
  • Announce the vacancy and its brief description either to the locally competent office or on the central public administration portal at least 20 working days before submitting the application for temporary residence for employment purposes or at least 15 working days before submitting the application for the renewal of temporary residence for seasonal employment purposes.

A temporary employment agency is required, in order to obtain consent to fill the vacant position with a foreign national, to submit to the labor office a copy of the agreement on temporary employee assignment with the user employer and a copy of the temporary assignment agreement concluded with the third-country national.

The previously applicable limit on the number of foreign nationals employed by an employer (maximum 30% of the total workforce) will not apply to foreign nationals temporarily assigned by temporary employment agencies.

Proof of Education Only for Regulated Professions
Proof of the highest level of education is required only for so-called regulated professions such as lawyers, doctors, teachers, etc.

Immigration Police and Decision Deadlines for Shortage Positions
According to Act No. 404/2011 Coll. on the Residence of Foreign Nationals, the deadline for assessing applications for temporary residence for employment purposes is shortened from 90 to 30 days for occupations with a workforce shortage in districts where the average registered unemployment rate is lower than 5%, or for employees in technological centers. Technological centers are defined in Act No. 57/2018 Coll. on Regional Investment Aid and Amendments to Certain Laws.

Employment of Refugees by Temporary Employment Agencies
Regarding the possibility of assigning Ukrainian nationals with refugee status by temporary employment agencies before they have held a valid permit for at least three years, we have received the following opinion from the Ministry of Labor, Social Affairs, and Family:

The conditions for the operation of temporary employment agencies and the employment of third-country nationals in the territory of Slovakia are governed by Act No. 5/2004 Coll. on Employment Services and Amendments to Certain Laws (hereinafter referred to as the Employment Services Act).

According to § 29(1) of the Employment Services Act, a temporary employment agency is a legal entity or a natural person who employs a citizen under a labor contract for the purpose of their temporary assignment to a user employer in the territory of Slovakia to perform work under the user’s supervision or for the purpose of their posting according to special regulations (Labor Code).

According to § 21(1) of the Employment Services Act, an employer can employ only a third-country national who:

  • Holds a European Union Blue Card,
  • Has been granted temporary residence for employment purposes based on confirmation of the possibility of filling the vacant job position,
  • Has been granted a work permit and temporary residence for employment purposes, unless otherwise specified by special regulations,
  • Has been granted a work permit and temporary residence for family reunification purposes,
  • Has been granted a work permit and temporary residence as a third-country national who has long-term resident status in an EU member state, unless otherwise specified by special regulations, or
  • Meets the conditions under § 23a.

According to § 21(4) of the Employment Services Act, an employer or a temporary employment agency cannot temporarily assign a third-country national under paragraph 1 (a) to (e) to perform work for a user employer. However, a temporary employment agency that has been operating for at least three years before applying for temporary residence for employment purposes or renewing temporary residence for employment purposes may temporarily assign a third-country national under paragraph 1 (b) to a user employer for a position with a workforce shortage in the region as per § 12(ae). The temporary employment agency may not assign the third-country national under the granted temporary residence for employment purposes to another user employer.

According to § 23a(1)(k) and (2) of the Employment Services Act, an employer may employ a third-country national granted temporary protection without confirmation of the possibility of filling the job vacancy, provided the job corresponds to a highly skilled occupation.

The Employment Services Act does not include a provision explicitly requiring temporary assignment of third-country nationals granted temporary protection (e.g., Ukrainian nationals) to be conditional upon the temporary employment agency having operated for at least three years. Therefore, third-country nationals who have been granted temporary protection may be temporarily assigned to a user employer by a temporary employment agency, even if the agency has been operating for less than three years.

[1] Effective from March 30, 2022, Act No. 92/2022 Coll. introduced changes related to the situation in Ukraine, changing the designation of the refugee card from “REFUGEE” to “TEMPORARY PROTECTION.”