- Starting a job.
- Types of employment.
- Self-employment.
- Employment of an EU citizen in Slovakia.
- Registration of residence of an EU citizen in Slovakia.
- Who can EU citizens turn to for assistance?
- Non-compliance penalties.
1. Starting a job.
When you start a job, the employer is obliged to acquaint you with the conditions of employment, the collective agreement (if any), the laws relating to the work you are to perform, and legislation on safety and health at work. Upon taking up employment, the employer is required to register you as an employee with the Social Insurance Agency, a health insurance company and the tax office. The health insurance company will assign you a number and insurance card. You present this to the healthcare provider when you receive treatment in Slovakia. With certain occupations, it is required to undergo a medical examination before starting the job. It concerns e.g. work requiring the ability to work at night, work at heights, work with heavy loads, work as a driver or work in a noisy environment.
Employee
The competence as an individual person to have rights and obligations as an employee in employment relations, and the ability to acquire these rights and to assume such obligations through someone´s own legal acts arises on the day when the person reaches the age of 15. An employee may enter into a material liability agreement from the age of 18.
Employment contract
Employment in Slovakia is established by a written employment contract between the employer and the employee. Employment contracts are regulated by the Labour Code. The employer is required to issue one written copy of the employment contract to the employee. In the employment contract, the employer is required to agree with the employee on essential particulars, including the type of work for which the employee has been recruited, a brief job description, the place of work, the work start date and wage conditions, unless already agreed in the collective agreement. In the employment contract, the employer must also state other working conditions, i.e. pay-days, working hours, the holiday allowance, and the notice period. A valid employment contract must be concluded no later than the start of employment (the first day of work).
2. Types of employment.
The majority of employment contracts in Slovakia are permanent. Employment is of indefinite duration, unless the employment contract expressly specifies the duration or if the employment contract or an amendment to it does not fulfil the statutory requirements for fixed-term employment. Employment is also of indefinite duration unless an agreement concerning a fixed term basis is drawn up in writing.
Fixed-term employment may be agreed for a maximum of 2 years. Fixed-term employment may be extended or renewed for a two-year period no more than twice.
Part-time work
In an employment contract, the employer may agree on working hours that are shorter than the designated working week with the employee. The shorter working hours do not need to be spread over all of the working days. An employee in part-time work receives wages corresponding to the agreed shorter working hours.
Job sharing
A job-sharing post is one in which part-time employees share the working hours and workload required of that post between them.
Homeworking
The employment relationship of an employee doing work for an employer under conditions agreed in the employment contract at home or at another agreed place during the working hours scheduled by the employee him/herself.
Teleworking
The employment relationship of an employee doing work for an employer under conditions agreed in the employment contract at home or at another agreed place using information technologies during the working hours scheduled by the employee him/herself.
Employee doing religious work
Provisions on working hours and on collective labour-law relations do not apply to the labour-law relations of employee of churches and religious communities doing religious work.
Employment contract with a student of a secondary vocational college or a secondary apprenticeship school
An employer may enter into an agreement on a future employment contract with a student of a secondary vocational college or a student of a secondary apprenticeship school no earlier than the date on which the student reaches 15 years of age. This agreement is a commitment by the employer to hire the student on completion of his or her final school exams, and a commitment by the student to become an employee of the employer. An agreement on a future employment contract must have the consent of the student’s legal guardian.
Agreements on work performed outside an employment relationship (independent contractor agreements)
In exceptional cases, in order to get their tasks performed or meet their needs and requirements, employers may enter into independent contractor agreements: agreement on the performance of work (maximum 350 working hours per calendar year), agreement on work activity (maximum 10 working hours per week) or agreement on casual student labour (maximum 20 working hours per week).
Seasonal work
Seasonal work (only in Slovak) is characterized by dependence on seasons, regular annual repetition, the length not exceeding 8 months in a calendar year and is performed on the basis of:
- fixed-term or part-time employment contracts,
- work performance agreement,
- agreement on work activity,
- agreement on temporary job of students.
If seasonal employment is concluded on the basis of a fixed-term employment contract, it must clearly state the agreed period, which can be defined either by a time period (e.g. exact date) or by the completion of specific work performed.
3. Self-employment.
The general conditions for the operation of a trade by natural persons are minimum age of 18 years, legal capacity and integrity. The Act no 455/1991 on Trade Licensing distinguishes between craft, bonded and free trades. Depending on the type of trade, it is necessary to find out what professional competence is set as a condition for running a trade. More information shall provide Ministry of the Interior of the Slovak Republic. Job seekers can receive a self-employment allowance after fulfilling certain conditions from office of labour, social affairs and family.
4. Employment of an EU citizen in Slovakia.
An employer established in Slovakia who recruits an EU citizen is obliged to inform the relevant office of labour, social affairs and family on establishment of employment on the form “information card - start” within seven working days of the date of which the employee starts the work according to § 23b section 6 of the Act on employment services. An employer is obliged to inform labour office at the end of employment of an EU citizen within seven working days from the date of end of employment on the form “information card – end”.
In the case of an EU citizen posted to perform work in Slovakia, this duty is towards the labour office at the place of performance of the posted EU citizen performed by informing organization with whom the foreign employer concluded a contract.
The employer or the informing organization fulfills this obligation electronically, in person or by post.
5. Registration of residence of an EU citizen in Slovakia.
Before starting a job, EU citizens must deal with the procedures to register their residence with the competent police department.
EU citizens need a valid identity card or travel document to enter Slovakia. EU citizens must report the start date and place of their stay to the unit of foreign police of the Police force (the ´PF´) within 10 working days of entering Slovakia. If an EU citizen is staying in an accommodation facility, this obligation passes to the accommodation provider. EU citizens staying in Slovakia for longer than three months are required to apply for registration of residence within 30 days after their first three months in the country have elapsed at the competent unit of foreign police of the PF.
EU citizens may apply for a five-year residence permit called "EU Citizen's Residence Card" in person at their local unit of foreign police of the PF in Slovakia. EU citizens have the right of permanent residence once they have resided legally in Slovakia for a continuous period of five years.
6. Who can EU citizens turn to for assistance?
7. Non-compliance penalties
Failure to comply with the obligation to present an information card in case of employment or posting of an EU citizen and in case of the end of employment or posting to the labour office is considered non-compliance with employment legislation and the employer, host entity or informing organization is threatened with a financial fine in accordance with § 68a of Act No. 5/2004 on employment services.
It is an offence for EU citizens not to comply with the obligation to report the start of their stay in Slovakia to the police within 10 working days of entering the country, or the obligation to apply for registration of their stay in Slovakia if they are here for more than three months, as required by § 118(2) of the Foreign Nationals Residence Act.