SLOVAKIA – Changes to Rules for Employment and Assignment of Non-EU Nationals
Amendments to Slovakia’s Act on Act on Employment Services will take effect on 1 May 2018, bringing several changes to the rules for the employment and assignment of non-EU nationals.
The main changes are listed below:
Shorter processing times
Vacant Position Notifications will need to be reported to the Labour Office 20 business days prior to submission of the Single Permit, instead of the current 30 business days (approximately 45 calendar days), thus reducing the overall permit processing time.
The Single Permit procedure will be simplified for occupations with labour shortages in the past calendar year, in districts where the average unemployment rate was lower than 5%. A list of these job positions will be published by the Labour Ministry on their website by 30 June 2018 and then in any case before 31 January of each year.
For qualifying positions, the Labour Office will not carry out a labour market test during the advertisement period (20 business days). The Labour Office will issue confirmation on filling the vacancy without taking into account the Slovak labour market.
Moreover, single permit holders hired without a labour market test under this simplified procedure can only constitute up to 30% of a company’s total workforce.
No Work Permits for Illegal Employers
Employers with a record of having employed foreign nationals illegally in the previous two years will not be successful in applications for work permits, Single Permits or Blue Cards.
Slovak companies hosting non-EU nationals on assignment under Article 22 Section 10 or Article 23a Section 1w of the Act on Employment Services will be obliged to secure accommodation for these assignees.
Visa-exempt nationals applying for a work permit under Article 22 Section 10 will be required to submit confirmation of accommodation, for the expected duration of the assignment, in support of the application.
Slovak companies hosting non-EU national assignees from another EU member state for the provision of services are obliged to notify the Labour Office of the assignment within seven business days from the start date, and from 1 May 2018 will have to provide the following additional documents with the notification:
- Confirmation of accommodation for the duration of the assignment (for visa-exempt nationals);
- A copy of form A1;
- A copy of the residence document issued by the other EU member state, if applicable.
- Employers in Slovakia who may be affected by these changes to the rules for the employment and assignment of non-EU nationals are advised to consult their immigration specialist.