Employers based in Slovakia can only employ workers from outside the European Economic Area if they have a valid work permit and a temporary residence permit in the Slovak republic. Once they have these permits, they receive the same employment rights as Slovakian workers.
The main laws governing the employment of foreigners are the Act on employment services and the Act on residence of foreigners. Before a foreign worker arrives in Slovakia, his prospective employer should apply for a work permit to the office for the area where he will be working. It is also possible, although less usual, for the worker to apply in person.
Applications for work permits are assessed by reference to the labour market. They are only granted where the vacancy cannot be filled by a registered unemployed Slovakian. There is no absolute right to a work permit even where all requirements are satisfied. Their grant is discretionary and is made within 30 days of the application being submitted, assuming it is properly completed.
Work permits can only be granted for up to a year at a time but can be extended repeatedly for up to a further year at a time, depending on the labour market. Extensions are conditional on employment being with the same employer and a written application being filed within 30 days before the existing permit expires.
Foreign workers also need a temporary residence permit while they are working in Slovakia. These can be granted for up to two years, as long as the original employment continues. A new temporary residence permit is required if the worker starts a different activity from the one for which the temporary permit was issued (another purpose of residence). They are granted by the Police department, when required for employment purposes, on production of the work permit.
Foreign workers can also apply for temporary residence while abroad to the Slovakian embassy in the country where they are living or where their passport was issued. Alternatively, as long as they do not need a visa to enter Slovakia, they can apply on entry, at the Slovak Police department.
Foreign workers (and his family) who are coming to work in Slovakia for a foreign employer and are citizens of an OECD state can apply for temporary residence permit in Slovakia too.
The Police department will issue them with a certificate as proof that their application has been filed. The decision whether or not to grant them a permit will usually be made within 90 days, but complicated cases can take up to 180 days. The decision is discretionary and is based on considerations such as the labour market, public interest, security and Slovakia’s economic needs. There is no absolute right to a temporary residence permit even where all requirements are satisfied.
