Immigration

Employer’s Responsibilities.

December 22

Notification Obligation.

An employer wishing to hire a national of a third country is required to submit written notification to the Labor Office, social affairs, and Family, or to the Central Office of Labor, Social Affairs, and Family (in the case of an application for the Blue Card) regarding available job positions, their number, and characteristics:

  • At least 15 working days before submitting the Blue Card application,
  • At least 20 working days before submitting the application for granting temporary residence for the purpose of employment based on confirmation of the possibility to fill a vacant position, at least 15 working days before submitting the application for the renewal of temporary residence for seasonal employment,
  • At least 10 working days before submitting the application for granting temporary residence for the purpose of employment, if a work permit is required, or at least 5 working days before submitting the application for the extension of a work permit for seasonal employment.

The employer must inform the office in person, in writing, by phone, by email, or through the website http://www.sluzbyzamestnanosti.gov.sk/. The employer, when reporting a job vacancy, should indicate an interest in employing a national of a third country.

Reporting Obligation.

The employer is obligated to:

  • Provide written information to the labor office, social affairs, and family about the commencement and termination of employment for a citizen of a European Union member state, their family members, and a national of a third country within seven working days from the start of employment and within seven working days from the termination of employment.
  • If it concerns a national of a third country holding the Blue Card, the employer fulfills this obligation in relation to the Central Office of Labor, Social Affairs, and Family.
  • Provide written notice to the office if a national of a third country, to whom a work permit has been granted or who has been granted temporary residence for the purpose of employment based on confirmation of the possibility to fill a vacant position, does not commence employment within seven working days from the agreed-upon date of starting work.
  • Provide written data on a form whose template is specified by the central office, no later than seven working days from the start of employment and from the termination of employment for a citizen of a European Union member state, their family members, and a national of a third country.
  • Submit mandatory attachments to the form specified by § 23b para. 6 of the Employment Services Act.

The obligation to provide accommodation.

For a national of a third country sent by an employer based in a European Union member state in the context of the services provided by this employer, accommodation must be provided for at least the assumed period of assignment. For a national of a third country who is not subject to visa requirements and who will be employed for a specified period for training purposes, for a maximum of six consecutive weeks in a calendar year, if it involves performing work with a labor shortage in the district where the average registered unemployment rate was less than 5%, and who has submitted an application for the granting of temporary residence for the purpose of employment for the same job, the employer is obliged to provide accommodation for at least the period of employment. For a national of a third country who is not subject to visa requirements and who will be employed on the basis of a work permit for seasonal employment. The relevant offices for fulfilling the information obligation are the offices in whose territorial jurisdiction the place of work is located.

For violating the employer’s obligation to employ a citizen of a European Union member state and a national of a third country, the central office and the legal entity or individual may impose a fine of up to EUR 100,000.

Detailed information on further obligations of the employer when employing a citizen of a European Union member state and a national of a third country is regulated by the Employment Services Act (§23b).

Forms, through which the employer fulfills the reporting obligation, are available on the website of the Central Office of Labor, Social Affairs, and Family in the section on employment services → employment of foreigners.