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Seasonal employment

Seasonal employment is an activity the performance of which does not exceed 180 days during 12 consecutive months and is bound to a certain time of the year with a significantly higher volume of work in a specific field. May be performed based on a work permit, or based on temporary residence for the purpose of seasonal employment.

Not all types of professions may be performed in the seasonal employment regime. The range of professions is regulated by the Regulation of the Ministry of Labour, Social Affairs and Family No. 190/2017, stipulating the list of seasonal employment fields.

Different approach is applied depending on whether a third country national does or does not require a Schengen visa to enter the Schengen Area.

It is important to verify whether the employer reported the vacancy to the competent Labour Office at least 10 working days before submitting an application for a seasonal work permit.

SEASONAL EMPLOYMENT FOR A MAXIMUM PERIOD OF 90 DAYS

A) Third country nationals not requiring a Schengen visa

If a third country national is not subject to the visa requirement (e.g. a citizen of Ukraine with biometric passport), performing seasonal employment requires only obtaining a work permit. The work permit is granted by the territorially competent Office of Labour, Social Affairs and Family for a maximum period of 90 days during 12 consecutive months.

A1) Obligations of the employer:

An employer wanting to hire a worker for seasonal employment must meet certain requirements:

  • Must have fulfilled the tax duties and the public health insurance contributions payment duties, social insurance contributions and obligatory old-age pension contributions;
  • May not be in bankruptcy, dissolution or under compulsory administration – documented by the employer upon request of the Labour Office;

May not have any registered pending employees’ claims arising from the employment – documented by the employer upon request of the Labour Office;

  • Has not breached the prohibition of illegal employment and has not been fined for breaching working conditions, during the period of five years before submitting the application;
  • At least 10 working days before submitting the application for the work permit, notify the Labour Office in written form about the vacancies, their number and character;
  • When extending the work permit for the purpose of seasonal employment, the employer must fulfil this obligation at least 5 working days before submitting the application for the work permit extension.

 The work permit application form is available on the UPSVaR website.

 A2) Application for issuance of a work permit:

The application for a seasonal work permit may be submitted by a third country national or his/her employer.  It is important to verify whether the employer reported the vacancy to the competent Labour Office at least 10 working days (5 working days in the case of extension) before submitting an application for a seasonal work permit.

 The application must be submitted together with:

  1. Contract of employment or the employer’s promise to hire the foreign national, containing the prerequisites of a contract of employment;
  2. Officially authenticated (apostille or superlegalization) document proving the highest achieved education, officially translated to Slovak language;
  3. Document on accommodation at least for the duration of the employment;
  4. Document on health insurance during the residence in Slovakia;
  1. If the application is submitted by the employer:
  • Written consent of the third country national with the application with a notarized signature;
  • Confirmation that the employer is not in bankruptcy, dissolution or under compulsory administration (issued by the competent court);
  • Confirmation that the employer does not have any registered pending employees’ claims arising from the employment.

The Labour Office will issue the seasonal work permit within 20 working days from the date of submitting a complete application. If the third country national obtained a seasonal work permit in the last five years before submitting the application, the Labour Office will grant a work permit within 10 working days from the date of submitting a complete application.

 B) Third country nationals requiring a visa to enter the Schengen Area

 If a third country national is subject to the visa requirement, aside from applying for a work permit, he/she must also apply for a Schengen visa for the purpose of seasonal employment.  After obtaining a seasonal work permit from the Labour Office according to point A1 and A2, he/she may apply for a Schengen visa for the purpose of seasonal employment.

 Application for Schengen visa:

A third country national submits the Schengen visa application on an official form at the diplomatic mission of the Slovak Republic (embassy or consulate) accredited to the country of the applicant’s residence or citizenship.

The applicant must submit the following documents:

  1. Document proving the purpose of travel, i.e. contract of employment or the employer’s promise to hire the foreign national, containing the prerequisites of a contract of employment;
  2. Work permit issued by the Labour Office;
  3. Document on health insurance at least for the duration of residence in Slovakia;
  4. Document on accommodation at least for the duration of the employment.

 The diplomatic mission of the SR will decide on the application within 15 calendar days.

 SEASONAL EMPLOYMENT FOR A PERIOD LONGER THAN 90 DAYS

Performing seasonal employment for a period longer than 90 days is possible only based on a temporary residence for the purpose of seasonal employment. However, the overall duration of seasonal employment may not exceed 180 days.

A third country national may either apply for temporary residence for the purpose of seasonal employment, while starting the seasonal employment after obtaining the residence, or he/she may perform seasonal employment during the first ninety days based on a work permit within the visa-free regime (or based on a granted visa for the purpose of seasonal employment) and the other ninety days based on temporary residence for the purpose of seasonal employment.

Obligations of the employer:

An employer wanting to hire a worker for seasonal employment must meet certain requirements:

  • Must have fulfilled the tax duties and the public health insurance contributions payment duties, social insurance contributions and obligatory old-age pension contributions;
  • May not be in bankruptcy, dissolution or under compulsory administration – documented by the employer upon request of the Labour Office;
  • May not have any registered pending employees’ claims arising from the employment – documented by the employer upon request of the Labour Office;
  • Has not breached the prohibition of illegal employment and has not been fined for breaching working conditions, during the period of five years before submitting the application;
  • At least 20 working days before submitting the application for temporary residence, notify the Labour Office in written form about the vacancies, their number and character;
  • When extending the work permit for the purpose of seasonal employment, the employer must fulfil this obligation at least 15 working days before submitting the application for temporary residence renewal;
  • If the type of work is included in the shortage professions category in a district with unemployment rate lower than 5% and the employer does not employ more than 30% of third country nationals from the entire number of employees, it is not required to report the vacancy and the Labour Office will issue a Confirmation on the Possibility to Fill a Vacancy without assessing the situation in the labour market.

 

APPLICATION FOR TEMPORARY RESIDENCE FOR THE PURPOSE OF SEASONAL EMPLOYMENT

The application is to be submitted in person at:

  • The diplomatic mission of the SR accredited to the country of the foreign national’s citizenship;
  • The diplomatic mission of the SR accredited to the country of the foreign national’s residence; or
  • The Foreign Police competent according to the place of the foreign national’s residence, if he/she resides in the Slovak Republic legally.

If a third country national was performing seasonal employment based on a work permit during 90 days and during this period submitted an application for temporary residence for the purpose of seasonal employment, his/her residence is considered legal in the territory of Slovakia until the decision on the application.

After obtaining the temporary residence for the purpose of seasonal employment, it is not possible to apply for change in the purpose of residence at the Police Authority. The application for another type of temporary residence may be submitted only at the competent diplomatic mission of the SR.

The temporary residence application form is available on the MIC website, in the section Download.

 The application must be submitted together with the following documents:

  1. Valid passport;
  2. Two colour photographs (3 × 3.5 cm);
  3. Contract of employment or the employer’s written promise to hire the foreign national, containing the prerequisites of a contract of employment;
  4. Criminal record statement from the country of the foreign national’s citizenship and the countries where he/she resided for more than 90 days during 6 consecutive months in the last 3 years (does not apply in the case of change in the type/purpose of residence);
  5. Document on accommodation in Slovakia:
  • Affidavit of the foreign national about ownership of a property;
  • Lease contract with the owner or holder of the property and a document proving the entitlement to use the property (in the case of a contract with the holder);
  • Confirmation from an accommodation facility on the provision of accommodation; or
  • Affidavit of a natural or legal person to provide the foreign national with accommodation in the territory of Slovakia and a document proving the entitlement to use the property, in the case of an affidavit of the property’s holder.
  1. Document on financial coverage of residence in the amount of statutory life minimum for each month of residence (until 30.6.2019, the statutory life minimum represents EUR 205.07/month); it is documented by the employer’s confirmation on the height of the agreed salary, or by an account balance confirmation from a bank in the name of the foreign national;
  2. Administrative fee EUR 33;
  3. Administrative fee EUR 4.50 (for issuing a residence document).

The authorities will issue a decision within 90 days from the date of delivery of a complete application. The period is decreased to 30 days, if the foreign national performed seasonal employment or obtained temporary residence for the purpose of seasonal employment in the last five years.     

THIS ARTICLE IS AVAILABLE TO DOWNLOAD AS FACT SHEET: SEASONAL EMPLOYMENT.  

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