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Legal informations

Pursuant to Section 58 of the Labor Code:

The employer or ADZ may agree in writing with the employee that he or she will be temporarily assigned to perform work for another legal entity or natural person (hereinafter referred to as the "user employer").

In the employment contract concluded between the ADZ and the employee, the ADZ undertakes to secure temporary work for the employee with the user employer and agrees on the terms and conditions of employment.

The written agreement on temporary assignment concluded between the employer and the employee must include, in particular, the name and registered office of the user employer, the date on which the temporary assignment commences and the period for which the temporary assignment has been agreed, the type of work and place of work, wage conditions, and conditions for unilateral termination of work before the end of the temporary assignment period. These requirements must also be included in the employment contract concluded between the temporary employment agency and the employee if this employment contract is concluded for a fixed term.

The user employer to whom the employee has been temporarily assigned shall, on behalf of the employer or ADZ, assign work tasks to the employee during the temporary assignment, organizes, manages, and supervises their work, gives them instructions for this purpose, creates favorable working conditions, and ensures occupational health and safety in the same way as for other employees; The managers of the user employer may not perform legal acts on behalf of the temporary agency on behalf of the temporarily assigned employee.

During the temporary assignment, the temporary agency that temporarily assigned the employee shall provide the employee with wages, wage compensation, and travel expenses. The working conditions, including wage conditions and terms of employment, of temporarily assigned employees must be at least as favorable as those of a comparable employee of the user employer.

Pracovnými podmienkami a podmienkami zamestnávania sú:

  • working hours, breaks at work, rest periods, overtime, on-call duty, night work, holidays and public holidays,
  • wage conditions,
  • health and safety at work,
  • compensation for accidents at work or occupational diseases,
  • compensation in the event of insolvency and protection of temporary workers' claims,
  • protection of pregnant women, mothers until the end of the ninth month after childbirth, breastfeeding women, women and men caring for children and young people,
  • the right to collective bargaining,
  • catering conditions.

If the ADZ that temporarily assigned the employee compensated the employee for damage incurred while performing work tasks or in direct connection with them at the user employer, it is entitled to compensation from this user employer, unless otherwise agreed with them.

The temporary assignment shall end upon expiry of the agreed period. Before the expiry of this period, the temporary assignment shall end by agreement between the parties to the employment relationship or by unilateral termination by the parties on the basis of the agreed conditions. The user employer shall provide the ADZ with information on the working conditions and terms of employment of a comparable employee at the user employer.

User employer to whom the employee was assigned ADZ,

  • a) inform temporary employees of all its job vacancies so that they are given the same opportunity as other employees to obtain permanent employment,
  • b) ensure that temporary employees have access to its social services under the same conditions as its employees, unless there are objective reasons preventing this;
  • c) give temporary employees access to training on the same basis as its employees;
  • d) provide employee representatives with information on the use of temporary employees as part of information on its employment situation.

Temporary employees are counted for the purposes of electing employee representatives pursuant to Section 233(2) and (3).

Pursuant to Section 58 of the Labor Code:

ADZ may agree with the user employer on the temporary assignment of an employee to perform work.

The temporary assignment agreement concluded between ADZ and the user employer must contain

  • a) name and surname, date and place of birth, and place of permanent residence of the temporarily assigned employee,
  • b) the type of work to be performed by the temporarily assigned employee, including requirements for medical fitness for work, mental fitness for work, or other requirements under a special law, if required for the performance of this type of work,
  • c) the period for which the temporary assignment has been agreed,
  • d) the place of work,
  • e) the date on which the temporarily assigned employee will start work for the user employer,
  • f) working conditions, including wage conditions and conditions of employment of the temporarily assigned employee, which must be at least as favorable as those of a comparable employee of the user employer,
  • g) the conditions under which the employee or user employer may terminate the temporary assignment before the expiry of the temporary assignment period,
  • h) the number and date of the decision granting ADZ a licence to operate as a temporary employment agency.

The agreement between ADZ and the user employer on the temporary assignment of employees must be concluded in writing, otherwise it is invalid.

Pursuant to Section 58b of the Labor Code:

Provisions of an employment contract or agreement pursuant to Section 58a that prohibit the conclusion of an employment relationship between a user employer and an employee after the employee has been assigned to ADZ or prevent such a relationship from being concluded are invalid.

An employer may only employ a third-country national who:

  • a) is a holder of a European Union Blue Card
  • b) has been granted temporary residence for the purpose of employment on the basis of confirmation of the possibility of filling a vacant job position
  • c) has been granted a work permit and temporary residence for the purpose of employment
  • d) has been granted a work permit and temporary residence for the purpose of family reunification
  • e) has been granted a work permit and temporary residence as a third-country national who has been granted long-term resident status in a Member State of the European Union
  • f) meets the conditions under Section 23a of Act No. 5/2004 Coll. – no confirmation of the possibility of filling a vacant job position or work permit is required

Third-country nationals referred to in points (a) to (e) may only be employed under an employment relationship!

Further information on the employment of third-country nationals where a blue card is not required, etc.

A work permit or confirmation of the possibility of filling a vacant position is not required for third-country nationals:

  • a) who has been granted permanent residence in the Slovak Republic,
  • b) who has been granted temporary residence as a third-country national who has been granted long-term resident status in a Member State of the European Union,23a) after 12 months from the start of their residence in the territory of the Slovak Republic,
  • c) who has been granted temporary residence for the purpose of family reunification,

    • after 12 months of continuous residence in the Slovak Republic from the date of granting temporary residence for the purpose of family reunification,

    who is a family member of a Blue Card holder

    who is a family member of a third-country national pursuant to Section 21b(6)(b) or (c) or pursuant to (ah) or

    who is a family member of a third-country national pursuant to point f) of the first paragraph,

  • d) who is a family member of a citizen of a Member State of the European Union and who has the right of residence in the territory of the Slovak Republic,
  • e) who has been granted temporary residence for the purpose of study, except for language school students, and whose work does not exceed 10 hours per week for all employers or 20 hours per week if he or she is a university student, or the corresponding number of days or months per year,
  • f) who has been granted temporary residence for the purpose of research and development24a) and

    • who performs research or development on the basis of a hosting agreement24b) or

    whose teaching activity in an employment relationship or similar working relationship does not exceed a total of 50 days in a calendar year,

  • g) who has been granted temporary residence as a third-country national who has been granted the status of a Slovak living abroad,24c)
  • h) who is an asylum seeker and whose entry into the labor market is permitted by a special regulation,25)
  • i) who has been granted asylum,
  • j) who has been granted subsidiary protection,
  • k) who has been granted temporary refuge,26)
  • l) if the duration of his/her employment relationship or secondment does not exceed a total of 30 days in a calendar year and who is

    • an educational employee, academic employee, university teacher, scientific, research or development worker who is a participant in a professional scientific event, or

    a performing artist participating in an artistic event,

  • m) who, on the basis of a commercial contract, provides goods or services and delivers these goods or performs assembly, warranty and repair work, work related to the adjustment of production equipment systems, programming work or professional training, if the duration of his employment relationship or secondment to perform work does not exceed a total of 90 days in a calendar year,
  • n) who is employed on the basis of an international agreement binding on the Slovak Republic, which stipulates that no work permit is required for the employment of a third-country national,27)
  • o) who is a family member of a member of a diplomatic mission, an employee of a consular office or an employee of an international governmental organization based in the territory of the Slovak Republic, if an international treaty concluded on behalf of the Government of the Slovak Republic guarantees reciprocity,
  • p) who is a member of a rescue unit and provides assistance on the basis of an intergovernmental agreement on mutual assistance in dealing with the consequences of accidents and natural disasters and in cases of humanitarian aid,
  • r) who is a member of the armed forces or civil component of the armed forces of the sending state,28)
  • s) who performs professional practice or professional training in accordance with special regulations28a) in schools or educational institutions,
  • t) who has successfully completed secondary school or university studies in the Slovak Republic,
  • u) who will be employed for a specified period for the purpose of improving their qualifications in their current job, for a maximum of one year,
  • v) who is under 26 years of age and who will be employed in occasional and temporary work as part of an exchange between schools or as part of youth or education programs in which the Slovak Republic participates,
  • w) who has been sent by an employer based in a Member State of the European Union within the framework of the provision of services provided by that employer,
  • x) who is a partner in a commercial company, a statutory body of a commercial company or a member of a statutory body of a commercial company performing tasks for a commercial company that has been granted investment aid,28b) by performing activities during the period for which the decision on the approval of investment aid was issued,
  • y) who, on the basis of a commercial contract, provides goods or services to a commercial company that has been granted investment aid and delivers these goods or performs assembly, warranty and repair work, work related to the setting up of production systems

    • educational staff, academic staff, university teachers, scientific, research or development workers who are participants in professional scientific events, or

    performing artist participating in an artistic event,

  • m) who, on the basis of a commercial contract, supplies goods or services and delivers or assembles these goods, warranty and repair work, work related to the adjustment of production equipment systems, programming work or professional training, if the duration of his employment relationship or secondment to perform work does not exceed a total of 90 days in a calendar year,
  • n) who is employed on the basis of an international agreement binding on the Slovak Republic, which stipulates that no work permit is required for the employment of a third-country national,27)
  • o) who is a family member of a member of a diplomatic mission, an employee of a consular office or an employee of an international governmental organization based in the territory of the Slovak Republic, if an international treaty concluded on behalf of the Government of the Slovak Republic guarantees reciprocity,
  • p) who is a member of a rescue unit and provides assistance on the basis of an intergovernmental agreement on mutual assistance in dealing with the consequences of accidents and natural disasters and in cases of humanitarian aid,
  • r) who is a member of the armed forces or civil component of the armed forces of the sending state,28)
  • s) who performs professional practice or professional training in accordance with special regulations28a) in schools or educational institutions,
  • t) who has successfully completed secondary school or university studies in the Slovak Republic,
  • u) who will be employed for a specified period for the purpose of improving their qualifications in their current job, for a maximum of one year,
  • v) who is under 26 years of age and who will be employed in occasional and temporary work as part of an exchange between schools or as part of youth or education programs in which the Slovak Republic participates,
  • w) who has been sent by an employer based in a Member State of the European Union within the framework of the provision of services provided by that employer,
  • x) who is a partner in a commercial company, a statutory body of a commercial company or a member of a statutory body of a commercial company performing tasks for a commercial company that has been granted investment aid,28b) by performing activities during the period for which the decision on the approval of investment aid was issued,
  • y) who, on the basis of a commercial contract, provides supplies of goods or services for a commercial company that has been granted investment aid, and supplies these goods or performs assembly, warranty and repair work, work related to the adjustment of production equipment systems, programming work or professional training, during the period for which the decision approving the investment aid was issued,
  • z) who is employed in international mass transport, if he or she is sent to perform work by his or her foreign employer,
  • aa) who performs activities for a legal entity that has been issued a certificate of significant investment,28c) and who

    • manages this legal entity or its organizational unit or

    has exceptional professional knowledge, skills, abilities, or knowledge necessary for the operation of the company, research techniques, or management, if the performance of this activity does not exceed a total of 90 days in a calendar year,

  • ab) who is accredited in the field of communication media,
  • ac) whose tolerated stay has been extended because he or she is a victim of human trafficking,28d)
  • ad) who has been granted tolerated stay on the grounds of respect for his or her private and family life,28e)
  • ae) who has been granted tolerated stay due to illegal employment under particularly exploitative working conditions, if his or her presence is necessary for the purposes of criminal proceedings,28f)
  • af) who performs clerical activities on behalf of a registered church or religious society,
  • ag) who has been granted a national visa28g) and,

    • covered by the working holiday program approved by the Government of the Slovak Republic,

    who participates in the implementation of a film project in the Slovak Republic,

  • ah) who is temporarily working for him on the basis of mobility28h) from an employer in a Member State of the European Union within the framework of an intra-corporate transfer,
  • ai) who provides professional training for a strategic services center28i) if the duration of his or her employment relationship with the strategic services center does not exceed a total of 90 days in a calendar year.

    • The commencement and termination of employment of a third-country national referred to in any of points a) to ag) shall be reported by the employer to the labor office by submitting two copies of the information card form together with a copy of the document proving the conclusion of the employment relationship within 7 working days of the commencement or termination of employment or posting. One copy shall be certified by the labor office and returned to the employer for control purposes. In the case of posting, this obligation towards the labor office is incumbent on the organization to which the third-country national is posted to perform work in the territory of the Slovak Republic (the informing organization).

    The competent labor office is the office in whose territorial jurisdiction the third-country national will be employed or will perform work on the basis of posting for the purpose of providing services (i.e., the place of employment is decisive, not the employer's registered office). If the work or posting will be performed in several places, the registered office of the employer or the informing organization shall be indicated on the information card and a note on the places of work shall be added. The information card shall be submitted to the competent office according to the registered office of the employer or the informing organization. If a third-country national has an employment relationship or similar relationship with several employers in the territory of the Slovak Republic, each of his employers has a reporting obligation to the labor office.

    In the case of the posting of a third-country national to the territory of the Slovak Republic by an employer established in another Member State of the European Union within the framework of the provision of services by that employer, the posted workers should carry with them form A1, i.e. confirmation of the applicable legislation or a request for its issuance, or documents confirming that the employee is covered by social security in the sending EU/EEA/Swiss member state. The employer is responsible for requesting the above forms and applies for them in the home member state. In the case of third-country nationals posted by an employer established in a Member State other than their own to perform work for the purpose of providing services, they should also carry a document confirming their legal employment, issued in the Member State of posting.

    Temporary employment of third-country nationals with a work permit:

    A work permit is required for the employment of a third-country national if:

  • a) they will be employed for seasonal work for a maximum of 90 days during 12 consecutive months,
  • b) they will be employed as a seafarer on a ship registered in the Slovak Republic or on a ship flying the flag of the Slovak Republic,
  • c) they have been granted temporary residence for the purpose of family reunification, within 12 months of being granted temporary residence for the purpose of family reunification,
  • d) has been granted temporary residence as a third-country national who has been granted long-term resident status in a Member State of the European Union, unless otherwise provided by a special regulation,22da) within 12 months of the start of residence in the territory of the Slovak Republic,
  • e) is in an employment relationship with an employer who has its registered office or the registered office of an organizational unit with legal personality outside the territory of the Slovak Republic and who sends him/her on the basis of a contract concluded with a legal entity or natural person to perform work in the territory of the Slovak Republic,
  • f) if so provided by an international treaty to which the Slovak Republic is bound (e.g. intra-company transfer within the meaning of the WTO Agreement for a maximum period of 90 days)
Employer's procedure

In the case of letters a) to d), the employer must notify the VPM at least 15 working days before the third-country national submits an application for a work permit to the labor office competent for the place of work. The employer must notify the labor office in person, in writing, by telephone, by e-mail, or via the website http://www.istp.sk/. When reporting the vacancy, the employer must indicate that they are interested in employing a third-country national.

Seasonal employment for the purposes of the Employment Services Act is an activity that does not exceed 180 days during 12 consecutive months and is linked to a specific period of the year by a recurring event or a recurring sequence of events related to seasonal conditions, during which a significantly higher volume of work is required.

If an employer specifies a foreign language proficiency requirement in a reported job vacancy for which they plan to hire a third-country national, the labor office is not obliged to take this condition into account when selecting job applicants, except for professions where knowledge of the language is essential for the performance of the job and except for the official languages used in EU member states. In the case of job positions requiring employees with higher professional qualifications, the employer's requirement of foreign language proficiency is acceptable to the office. In the case of letters e) and f), the VPM is not reported. However, the posting of third-country nationals to perform work in the territory of the Slovak Republic (point e)) and the granting of a work permit are preceded by negotiations between the legal or natural person for whom they will perform work (the informing organization) and the labor office, at which the numbers, professions, and period of the posted employees are agreed upon. A record shall be made of the negotiations, setting out the agreed conditions of employment of the posted employees with the informing organization, on the basis of which work permits shall be granted.