v Act on employment services (.pdf) (5/2004)
v Information leaflet about district of Levice
Extract from Act on employment services (5/2004) about employing of aliens
§ 21
Employing of Aliens
(Zamestnávanie cudzincov)
(1) The alien who is a participant of legal relations pursuant to this Act has the
same legal status as a citizen of the Slovak Republic, if the alien
a) Was issued a work permit and temporary stay permit for the propose of employment,
or
b) It involves an asylum seeker, whose access to the labour market is permitted by a special regulation.22a
(2) The employer with domicile in the territory of the Slovak Republic may accept
in an employment only the alien meeting the conditions pursuant to paragraph 1, unless
stipulated otherwise by the Act.
(3) Before arriving in the territory of the Slovak Republic, the alien pursuant to paragraph 1(a) shall apply in writing to the competent Office for a work permit, either by himself/herself or through the future employer, or through the legal person or natural person to whom he/she should be posted to perform work.
(4) The competent Office issuing the work permit is the Office of territorial competence at the work location of the alien.
(5) The work permit application shall show in particular
a) Name, surname and date of birth of the alien,
b) Address in the state of permanent residence and address for mail delivery,
c) Travel document number and name of the issuing authority,
d) Name, domicile, identification number and type of economic activity of the employer,
e) Type, location and period of work performance.
(6) The application for issuing the work permit shall be accompanied with the employer’s promissory statement to employ the alien.
§ 22
Work Permit
(1) The competent Office may grant the alien a work permit, providing that the vacancy could not be filled by a job seeker in the register of job seekers.
(2) In issuing the work permit the Office shall consider the labour market situation.
(3) The work permit shall show in particular
a) Name, surname and date of birth of the alien,
b) Address in the state of permanent residence and address for mail delivery,
c) Location of the work,
d) Type of work,
e) Name, domicile, identification number and type of economic activity of the employer,
f) Validity period of the work permit.
(4) There is no legal claim to the issuance of a work permit.
(5) The Office shall, without taking in account the labour market situation, issue a work permit to the alien
a) In accordance with an international agreement binding the Slovak Republic, which was published in the Collection of Acts of the Slovak Republic,
b) Going to be employed for a specific time period, not exceeding one year, in order to improve his/her qualification in the employment (stagier),
c) Up to 26 years of age, who is employed by performing occasional and time-restricted work within school exchange programmes or youth programmes, of which the Slovak Republic is a participant,
d) Executing systematic educating activity or scientific activities in the Slovak Republic as a pedagogic employee or academic employee of an university or research employee or as a development employee in a research,
e) Commissioned by a registered churches or religious societies to execute clerical activities,
f) Who was granted supplementary protection (doplnková ochrana),
g) Whose permit for tolerated stay was extended because of the person concerned had been a victim of crime offence pertinent to trafficking with human beings23a,
h) Who was granted a permit for tolerated stay for reasons of respect of his/her private and family life
(6) A work permit is also required for the alien
a) Employed by an employer whose domicile or site of organisational unit with labour law personality is outside of the territory of the Slovak Republic and posted by that employer to perform work in the territory of the Slovak Republic, based on a contract concluded with a legal person or with a natural person,
b) Going to be employed in a border area of the Slovak Republic, who would return at least once in a week into the state of his/her permanent residence neighbouring with the Slovak Republic; a border area of the Slovak Republic is defined as the territory of a district neighbouring with to the state borders.
(7) Issuance of a work permit is not required to the alien
a) Holding a permanent residence permit valid for the territory of the Slovak Republic,
b) Who was granted a temporary stay permit for the purpose of family reunification and he/she may enter a labour-law relation or similar legal relationship pursuant to a special regulation,24a
c) Who was granted a temporary stay permit for study purposes and whose duration of employment in the territory of the Slovak Republic does not exceed 10 hours per week, or the corresponding number of days or months in a year,
d) Who is a foreign Slovak,
e) Who is an asylum seeker and whose access to the labour market is permitted by special regulation22a or who was granted an asylum,
f) Who was granted a temporary shelter,
g) Whose employment on the territory of the Slovak Republic does not exceed seven consecutive calendar days or the total of 30 calendar days in a calendar year and who is
1. A pedagogic employee, academic employee of an university, scientific, research or development worker participating in a professional scientific event,
2. A performing artist, participating in an artistic event,
3. A person providing in the Slovak Republic for supply of goods or services or supplying such goods or performing installation works on the basis of a commercial contract, or performing warranty services and repairs,
h) Who was accepted in an employment, based on an international agreement binding the Slovak Republic and published in the Collection of Acts of the Slovak Republic, stipulating that acceptance of such an alien in the employment is not contingent upon issuance of a work permit,
i) Who is the member of the family of a diplomatic mission member, or of an employee of a consular office, or family member of the employee of an international governmental organisation whose registered office is in the territory of the Slovak Republic, providing mutuality guaranteed by an international agreement concluded on behalf of the Government of the Slovak Republic,
j) Who is a member of a rescue unit and provides assistance on the basis of an inter-state agreement on mutual assistance while eliminating the consequences of accidents and natural disasters, as well as in humanitarian assistance cases,
k) Who is a member of the armed forces or of a civilian branch of the armed forces of the state having delegated the alien,
l) Who performs work within his/her systematic vocational preparation at a school or at a schooling facility that is included in the system of schools, schooling facilities or pre-school establishments,
m) Who was assigned to perform activities in the territory of the Slovak Republic within the framework of services of an employer whose domicile is in another Member State of the European Union,29
n) Who is the partner of a commercial partnership (spolocník obchodnej spolocnosti) or the authorized body (štatutárny orgán) of a commercial partnership or a member of the authorized body of a commercial partnership, performing the activity on behalf of the commercial partnership in the territory of the Slovak Republic or who is a member of a cooperative or a member of the authorized body of a cooperative or of another body of a cooperative, performing the activity on behalf of that cooperative in the territory of the Slovak Republic,
o) Who is employed in international mass transport and was posted by his/her foreign employer to perform the work in the territory of the Slovak Republic,
p) Holding a mass media accreditation.
(8) The Office shall not issue a work permit to the alien who
a) Applies for asylum; this shall not apply, where it involves an alien, pursuant to § 21(1)(b),
or
b) Fails to meet any of the conditions of issuance of the work permit specified in this Act.
§ 23
Validity of the Work Permit
(1) Validity of the work permit shall expire
a) By lapse of the period of issuance,
b) Upon termination of the employment before lapse of the period of validity of the work permit,
c) By lapse of validity of the stay permit issued to the alien, or
d) Upon expiry of the stay permit for other reasons,
e) Upon completion of the proceedings, pursuant to a special regulation22a, in the case of an alien, pursuant to § 21(1)(b)
(2) The Office having issued the work permit may withdraw it in case of violation of generally binding legal regulations by the alien.
(3) The competent Office issues the work permit with one-year validity at most; with six-month validity in any one calendar year at most in case of seasonal works, in which case a period of at least six months shall separate two individual employments in the territory of the Slovak Republic.
(4) By application of the alien the Office may repeatedly extend the work permit by one year at most, while taking the labour market situation in account.
(5) Extension of the work permit is preconditioned by remaining employed by the same employer. The extension shall be applied for in writing by the alien to the competent Office at least 30 days before expiry of validity of his/her work permit.
(6) The provision of § 21(5) remains applicable to the application for extending the work permit. The application shall be accompanied with the employer’s undertaking that he shall continue employing the alien.
(7) The national (tuzemská) legal person or the national natural person who concluded with a foreign legal person or with a foreign natural person a contract for assigning employees of a foreign employer to work in the territory of the Slovak Republic remains responsible for the working conditions and for the conditions of employing pursuant to a special regulation.30
(8) The employer is obliged to inform the Office, in writing, on the commencement of the employment and termination of the employment of the citizen of a Member State of the European Union and his/her family members and on the commencement of the employment and termination of the employment of an alien who is not required to submit any work permit pursuant to § 22(7), within seven working days after the commencement of the employment at the latest and within seven working days after the termination of employment at the latest.
(9) The employer is obliged to inform the Office in writing, within seven days at the latest, of the fact that the alien who had been granted a work permit, either did not commence the employment or his/her employment finished before expiration of the employment period specified in the work permit.