Legal Alert | Employment of Ukrainian refugees

With effect from 26 February 2022, Slovakia adopted the Act on Certain Measures in Relation to the Situation in Ukraine (the "Amendment"), which, among other things simplifies the process of granting temporary protection (in Slovak "dočasné útočisko“) under the Asylum Act.

Temporary protection is granted for the purpose of protecting foreign nationals from war, endemic violence, the effects of a humanitarian disaster or persistent or widespread human rights violations in their country of origin.

Following the Amendment, on 28 February 2022 the Government of the Slovak Republic adopted a resolution approving the granting of temporary protection from 1 March 2022 to 31 December 2022.

Who may be granted temporary protection?

Temporary protection may be granted to citizens of Ukraine and their family members. A family member of a citizen of Ukraine shall be deemed to be:

1. the spouse of a citizen of a Ukraine;
2. the minor child of a citizen of Ukraine or minor child of the spouse of a citizen of Ukraine;
3. the parent of a minor child who is a citizen of Ukraine.

Application and proof of temporary protection

A foreign national may apply for temporary protection:

1. immediately upon entering the territory of the Slovak Republic at the competent police department at the border crossing point; or
2. after entering the territory of the Slovak Republic at the competent police department; the competence of a police department is determined according to the place where the foreign national is staying.

If the foreign national is granted temporary protection, he/she shall be issued a document on tolerated stay in the territory of the Slovak Republic marked "DEPARTEE".

Employment of persons who have been granted temporary protection

Pursuant to Section 23a (1)(k) of the Employment Services Act, an employer may employ a third - country national who has been granted temporary protection.

When employing a third-country national who has been granted temporary protection, it is not required to have confirmation of the possibility of filling a vacant job position corresponding to a highly qualified job, confirmation of the possibility of filling a vacant job position and an employment permit.

An employer who employs a third-country national who has been granted temporary protection is obliged to provide the Labour Office with the so-called information card (the form is available on the website of the Labour Office) no later than seven working days from the date of commencement of employment as well as from the date of termination of employment.