Published list designates occupations qualifying for simplified work permits

IMPACT – MEDIUM

What is the change? The Slovak government has published its first list of occupations that are experiencing labor shortages, which provides foreign workers in those categories simplified work permit procedures and exemption from labor market testing.

What does the change mean? The job positions on the list qualify for streamlined processing, meaning that employers are not required to notify the Labour Office of vacancies and wait 20 days to apply for single permits for foreign workers. The office will not conduct labor market testing before issuing the permit and the foreign worker may start job training after submitting an application during the initial 90-day stay on a Schengen visa. Job training is limited to six consecutive weeks in one calendar year and employers must notify the Labour Office of job training within seven business days.

• Implementation time frame: Immediate.
• Visas/permits affected: Single permits.
• Who is affected: Companies recruiting non-EU nationals for jobs on the shortage occupations list.
• Impact on processing times: Foreign workers filling jobs on the list are eligible for a simplified work permit process.
• Business impact: Employers should review the list, which will be updated in January and published every January thereafter.
• Next steps: The list of job positions may be viewed on the website of the Office for Labour, Family and Social Affairs here.

Background: The Employment Services Act, which was passed in March and implemented in May, eases single permit rules for occupations designated as lacking in labor in areas where unemployment is under 5 percent.

BAL Analysis: Employers will have greater flexibility in recruiting foreign workers for jobs on the list. Although employers are not required to notify the Labour Office of job vacancies in the listed occupations, they may continue to advertise the positions, which could help the jobs remain on the list when authorities update their designations of shortage occupations.

This alert has been provided by the BAL Global Practice group and our network provider located in Slovakia. For additional information, please contact your BAL attorney.

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