Temporary work agencies and Filipino workers in Slovakia: when an agency may assign a third-country national, and when only the plant can be the employer

The statutory position

Act 5/2004 on employment services bars a temporary work agency from assigning third-country nationals as a general rule and then carves out one exception: an agency that has carried on its activity for at least three years may temporarily assign a third-country national who holds temporary residence for the purpose of employment, or who works in an occupation with a labour shortage in the region. Act 151/2025, in force since 1 September 2025, allowed one repeat assignment of the same worker on a new vacancy confirmation, with the worker's consent and pay at least as favourable as before, required the agency to report the start and end of each assignment to the labour office within seven working days and the user employer to report a non-arrival within the same period, confirmed that a worker may not change agency, and raised the bar for agencies themselves — a trustworthiness test and equity of at least €30,000 by the end of 2026.

A Slovak employer hires a Filipino on a temporary residence permit for the purpose of employment under § 23 of Act 404/2011: the employer notifies the vacancy to the labour office (ÚPSVaR) at least 20 working days before the residence application is filed, the labour office issues a confirmation that the vacancy may be filled by a third-country national — without a labour-market test when the job is a shortage occupation in the region on the quarterly ÚPSVaR list and the employer employs fewer than 45 % third-country nationals — and the Foreign Police decide on the residence within 60 days of a complete application — 30 days where the job is on the kraj shortage list and the employer meets the statutory condition (§ 33(8) Act 404/2011; 90 days is the general period for other residence purposes) (fee €250; renewal €140; residence card €10 or €39 for the two-day service). Since 15 July 2026 the permit is a single document for stay and work, the decision deadline runs from a complete application, the national visa issued for collecting the permit is valid 120 days, and a worker who loses the job has three months (six after two years' residence) to find another. The point most employers miss: a Filipino does not file in Manila. Residents of the Philippines apply for the Slovak national visa in person at the Slovak Embassy in Jakarta, which decides in five to seven working days; the Czech Embassy in Manila represents Slovakia for short-stay Schengen visas only.

The two compliant models

• Direct employment: the plant or contractor is the employer on the residence permit, notifies the vacancy, signs the contract and houses the worker — the model behind most of our Slovak placements and the one we recommend for a core workforce on a two-year permit.
• Qualifying agency: a temporary work agency operating three or more years is the employer and assigns the worker to the plant under the exception; the agency carries the permit, the payroll, the notifications and the housing; the worker cannot move to another agency, and a second assignment is possible once.
• In both models the Slovak entity is the employer; our group recruits, tests and runs the Philippine process through its DMW-licensed agency and MWO Vienna, and does not employ or lease the workers.

What we check before an agency file

The agency's licence date (three years of activity), its equity position against the 2026 requirement, the occupation against the regional shortage list where the assignment relies on it, the user company's share of third-country nationals, and the notification calendar — because a file that fails the exception is refused at the labour office after the worker has already flown to Jakarta.

The Philippine side

Recruitment runs through our own DMW-licensed agency, Prime Search Manpower Agency Inc. in Makati (licence DMW-027-LB-11182024): your company is accredited at the Migrant Workers Office in Vienna, which has covered Slovakia since October 2024, the job order is registered with the DMW, and every worker leaves Manila with a verified contract, medical clearance, pre-departure orientation and an Overseas Employment Certificate. Recruitment follows the employer-pays principle: no applicant pays for an interview, a trade test or a place on a shortlist. Your company is the employer from day one; we never employ or lease the workers.

Everything here is subject to Act No. 404/2011 Coll. on the residence of aliens and Act No. 5/2004 Coll. on employment services as amended (Acts 151/2025 and 128/2026), the quarterly ÚPSVaR shortage list, the Slovak consular practice for Philippine residents and Philippine DMW rules.

Frequently asked questions

• Can any Slovak staffing agency employ Filipinos for our plant?

  No — only an agency that has operated for at least three years, and only for workers with temporary residence for employment or in a regional shortage occupation. Other agencies may not assign third-country nationals.

• Can the worker move to another agency?

  No — a change of temporary work agency is not permitted; one repeat assignment with the same agency is possible since 1 September 2025.

• Who reports what?

  The agency reports the start and end of each assignment to the labour office within 7 working days; the user employer reports a non-arrival within 7 working days.

• Which model do you recommend?

  Direct employment for a core workforce; a qualifying agency for peaks and pilots. We structure the file before sourcing so that it is not refused after the Jakarta trip.