Articles

Lex Ukraine - employment of third-country nationals

Written by Mgr. Dagmar Gmitterová

In the context of the current situation in Ukraine caused by the armed conflict, the Slovak Republic has taken certain measures to facilitate the application of those leaving Ukraine on the labour market and at the same time to respond to the Ukrainian employment and social security crisis. These measures adopted include Act No. 92/2022 on certain measures concerning the situation in Ukraine effective as of 30th March 2022 and Act No. 55/2022 on certain measures concerning the situation in Ukraine with an effective date of 26th February 2022 (the so-called Lex Ukraine). In connection with the adopted laws the following laws were amended:

- Act No. 480/2002 Coll on asylum

- Act No. 404/2011 Coll on the residence of foreigners

- Act No. 461/2003 Coll. on Social Insurance

- Act No. 580/2004 Coll. on health insurance

- Act No. 552/2003 Coll. on the performance of work in the public interest

- Act No. 5/2004 Coll. on Employment Services

According to Act No. 480/2002 Coll. on Asylum, nationals of Ukraine may apply for temporary refuge, the purpose of which is to facilitate the employment of war refugees from Ukraine and to help those who have left to gain quick access to offers in Slovakia. The status of temporary refuge is confirmed by proof of tolerated stay in the territory of the Slovak Republic. Until 29th March 2022, this document contained the designation "REFUGEE". From 30th March 2022, the document of tolerated stay shall contain the designation "TEMPORARY REFUGE". A national of Ukraine with a document of tolerated stay on the territory of the Slovak Republic may be employed in Slovakia based on a concluded employment contract or one of the agreements on work performed outside the employment relationship or may be temporarily assigned to perform work for the user employer. The purpose of this statute is to enable the employer to employ such a person even without an employment permit. The conclusion of an employment relationship or agreement with a person who has been granted temporary shelter is no different from the conclusion of an employment relationship with a citizen of the Slovak Republic. The employer is obliged to inform the employee "leaving" of the rights and obligations arising for him/her from the employment contract, the working conditions and the wage conditions, in a manner comprehensible to the employee. The employer of a person who has been granted temporary shelter is obliged under the Employment Services Act to submit an information card to the local competent labour, social affairs and family office no later than 7 working days after the beginning and end of the employment of that person, together with a copy of the employment contract or concluded agreement and a copy of the proof of tolerated stay in the territory of the Slovak Republic. The Government of the Slovak Republic decided at its meeting on 16th March 2022 to extend the range of persons who may apply for temporary refuge in Slovakia:

  • foreign nationals of Ukraine and their family members;
  • foreign nationals who are not citizens of Ukraine and have international protection or equivalent national protection granted on the territory of Ukraine before 24th February 2022 and their family members, if the family resided in Ukraine before 24th February 2022;
  • foreign nationals who are not citizens of Ukraine and have permanent residence granted on the territory of Ukraine before 24th February 2022 and are unable to return to their country or region of origin by safe and stable conditions, may apply for temporary refuge.

Persons granted temporary refuge are entitled to basic health care and a material hardship allowance.

There is currently an acute shortage of labour in Slovakia, whether due to demographics, the outflow of labour abroad in search of better salary conditions or a shortage of skilled labour. There are currently approximately 92 000 job positions in Slovakia that are also suitable for Ukrainian citizens. Slovak citizens are not interested in a large part of these jobs, especially in the gastro sector and tourism, which has been most affected by the pandemic waves and employers have not been able to fill these jobs anymore. In the context of the current situation in Ukraine, Ukrainians are helping the Slovak labour market and positively complementing the uneven demographic structure of the workforce in Slovakia.

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