Employment of a third-country national

The classification of an employee into a level of work difficulty falls within the employer’s competence, based on the specific job description. There is no universal definition that would allow a particular job position to be automatically assigned to a specific level.

The employment of foreigners is a complex process. It is also important to note that the position of a sports coach falls under regulated professions. The database of regulated professions is available here. Along with the application for renewal of residence, it will be necessary in such cases to submit a decision from the Ministry of Education, Science, Research and Sport on the recognition of the educational certificate. According to the database of regulated professions, coaching professions are classified from level I to level V of qualification. The information stated in the job vacancy notification must correspond to the qualification level of the coach as specified in the recognition decision.

We also draw attention to the fact that the employer must be registered in the register of legal entities in sport. In the event of establishing an employment relationship with a sports specialist, the entry of such an employee’s data must be made within 10 days from their registration in the source register of the sports organization.

The employer has the following obligations:

• To retain a copy of the residence document or other residence permit for the duration of the employment of a third-country national.

• To notify the Labour Office, Social Affairs and Family in writing of the commencement and termination of employment of a third-country national within seven working days from the date of commencement and within seven working days from the date of termination of employment. In the case of employing a third-country national, the employer is obliged to attach a copy of the employment contract to the notification.

• The employer must also inform the Labour Office, Social Affairs and Family in writing if a third-country national who was granted a work permit or who has been granted temporary residence for the purpose of employment based on a confirmation on the possibility to fill a vacancy, does not take up employment, within seven working days from the agreed date of commencement of employment.

• To register the employee with a health insurance company. (First, the foreign national must apply for health insurance along with the employment contract stating the amount of salary, or submit the employment contract and payroll slip showing the amount of salary. After the foreign national is registered, the employer may proceed with the registration.)

• To register the employee with the social insurance agency. (The procedure is the same as for Slovak employees.)

• The employer is obliged to notify the Foreign Police Department in writing within three working days if the third-country national does not take up employment, in cases where a written employment promise has been issued.

• The employer is obliged to notify the Foreign Police Department within three working days of the termination of employment of a third-country national.

• In the event of an inspection, the employer must also present the document “Additional Information on Employment” issued by the Foreign Police Department after the third-country national is granted residence.

All obligations are also stated in the information leaflet that the foreign national receives at the Foreign Police Department. The leaflet also includes the obligation to submit a medical certificate confirming that the foreign national does not suffer from a disease posing a threat to public health, within 30 days from the date of receipt of the residence card.

Read also:

Under what conditions may a Slovak employer employ citizens from non-EU countries.

Types of visas for entry into the territory of the Slovak Republic and the procedure for obtaining them are governed by Act No. 404/2011 on the Residence of Foreigners and on Amendments and Supplements to Certain Acts, and by the Schengen Code, which, however, do not establish “work visas” as a visa category.

If a third-country national is interested in employment in Slovakia, they must apply for a temporary residence permit for the purpose of employment.

The application for temporary residence must be submitted in person at a Slovak diplomatic mission in the country where the foreign national resides, or in some cases, directly in Slovakia at the Foreign Police Department. Submission of the application for temporary residence in the territory of the Slovak Republic is possible in the following cases:

• the foreign national is present in Slovakia on the basis of a valid residence permit,

• the foreign national is present in Slovakia on the basis of a granted tolerated stay,

• the foreign national is present in Slovakia on the basis of a granted national visa,

• the foreign national is a third-country national who does not require a visa,

• the applicant is a holder of a Slovak Living Abroad certificate.

Please note that in order to apply for temporary residence for the purpose of employment, the applicant must already possess an employment contract or a written promise of employment from the employer. More information about this type of temporary residence can be found in our article on employing foreigners in Slovakia.

Temporary residence in the territory of the Slovak Republic is always tied to a specific purpose. In your case, most likely for the purpose of employment. If the employment relationship, which served as the basis for granting temporary residence for employment purposes, ends, the purpose for which the temporary residence was granted ceases to exist.

According to § 36(1)(a) of Act No. 404/2011 Coll. on the Residence of Foreigners (hereinafter referred to as the “Act on the Residence of Foreigners”): “The police department shall cancel temporary residence if the purpose for which the temporary residence was granted to the third-country national no longer exists.”

However, this provision does not apply within 60 days from the termination of employment in the case of temporary residence for the purpose of employment. Thus, in the event of the end of the employment relationship, the employee holding temporary residence for employment purposes has 60 days after the termination of employment during which the residence will not be cancelled. During this time, the foreign national can either find new employment (subject to meeting the conditions for employing foreigners, such as notifying a job vacancy, etc.) or apply to change the purpose of the temporary residence from employment to another purpose. The termination of employment must be reported to the Foreign Police.

As of 09 April 2020, an amendment to the Act on the Residence of Foreigners is in force, which extends the aforementioned 60-day period by the duration of the crisis situation — that is, during a state of emergency, extraordinary situation, or state of crisis declared in connection with COVID-19.

For the reasons outlined above, we recommend either finding new employment or changing the purpose of your residence so that an application can be submitted to the Foreign Police as soon as possible. In case of a change of employment, you will need a promise of employment from a new employer or an employment contract.

If you granted a power of attorney to your former employer (the agency) to represent you in the temporary residence procedure, we recommend that you revoke this power of attorney as soon as possible. You can revoke the power of attorney in the form of a letter addressed to the competent department of the Foreign Police. If you do not revoke it, you risk that your former employer may send a notification to the Foreign Police on your behalf regarding the termination of your stay, which could result in the cancellation of your temporary residence. Furthermore, the Foreign Police may send documents to your former employer’s address, of which you may not be aware.

“As part of the application submission, it is sufficient to print the criminal record extract and the apostille. The administrative authority will assess whether the submitted documents can be accepted. We have a diplomatic note from the Embassy of Colombia in Vienna informing us that Colombia issues electronic apostilles and explaining how their validity can be verified. If the submitted extract meets the prescribed parameters, there will be no reason to suspend the proceedings. Should there be any doubts about the submitted document, your client will be asked to supplement the documentation.”
Source: RHCP Bratislava

Good day,

we have received confirmation from the Border and Foreign Police Department in Bratislava that a criminal record extract from Colombia containing an electronic apostille may be submitted in printed form. In practice, this means that the document with the electronic apostille only needs to be printed and attached to the application for temporary residence. A document submitted in this manner is considered acceptable and meets the requirements for a complete application.
Source: Border and Foreign Police Department, Bratislava (ÚHCP P PZ BA)