We employ Ukrainians with temporary protection. What happens when that protection ends?

Ukrainians with temporary protection work in Slovakia without a work permit and without confirmation that a vacant position may be filled (Section 23a(1)(k) and (2) of Act No. 5/2004 Z. z. on Employment Services). This entitlement derives from temporary protection and would cease when that protection ends. An amendment to the Act on the Residence of Foreign Nationals, Act No. 128/2026 Z. z., approved by the National Council on 2 June 2026, therefore introduced transitional rules from 15 July 2026. You may continue to employ an employee who has been working in Slovakia for a longer period for a certain time after temporary protection ends, and they may already apply for temporary residence for employment purposes.

When temporary protection ends

Temporary protection expires at the end of the period specified in a decision of the Council of the European Union or the Government (Section 64(1)(a) of Act No. 69/2026 Z. z.). This Act on International Protection replaced the Asylum Act with effect from 12 June 2026, and displaced persons with temporary protection under the previous legislation are treated as displaced persons under the new legislation (Section 88(10)). The Government declares temporary protection in accordance with the Council’s decision (Section 58(2)).

By Implementing Decision (EU) 2026/1912 of 30 July 2026, the Council of the EU extended temporary protection for persons from Ukraine until 4 March 2028. In February 2026, the Ministry of the Interior announced that temporary protection in Slovakia was being extended until 4 March 2027 under a Government resolution and stated that the validity of an individual’s temporary protection could be checked on the Ministry’s portal. When recruiting new employees, bear in mind that, under the Council’s decision, new temporary protection will be granted only to persons who fulfil their military obligations in Ukraine and provide evidence of this where appropriate. This does not apply to anyone who held temporary protection in Slovakia on or before 4 August 2026 and has retained it continuously. This condition applies from 5 August 2026 (Articles 2 and 3 of the decision as corrected by the corrigendum published on 5 August 2026).

What applies after temporary protection ends

A person who held temporary protection on the day before it ended continues to be treated as a displaced person for another year. This does not apply if they have applied for international protection, have been granted temporary or permanent residence in Slovakia, or have been granted protection or residence in another state (Section 131o(1) of Act No. 404/2011 Z. z. on the Residence of Foreign Nationals). The validity of their document marked “DOČASNÉ ÚTOČISKO” is extended for one year from the end of temporary protection (Section 131o(2)). After that year, they must leave the country unless they have another basis for residence (Section 131o(3)).

For employers, the decisive rule is the new transitional provision of the Employment Services Act:

The following quotation is reproduced in its original language:

Zamestnávateľ môže zamestnávať štátneho príslušníka tretej krajiny, ktorému sa poskytovalo dočasné útočisko v súvislosti s ozbrojeným konfliktom na území Ukrajiny a ktorý a) ku dňu zániku poskytovania dočasného útočiska v súvislosti s ozbrojeným konfliktom na území Ukrajiny bol zamestnaný na území Slovenskej republiky najmenej šesť mesiacov bezprostredne pred zánikom poskytovania dočasného útočiska v súvislosti s ozbrojeným konfliktom na území Ukrajiny a je nepretržite zamestnaný, a to najdlhšie počas jedného roka odo dňa zániku poskytovania dočasného útočiska v súvislosti s ozbrojeným konfliktom na území Ukrajiny, b) má vydaný doklad o prechodnom pobyte na účel zamestnania alebo c) má vydaný doklad o prechodnom pobyte na účel zlúčenia rodiny.

§ 72bc ods. 1 zákona č. 5/2004 Z. z.

Such employment is treated as employment without a work permit under Section 23a (Section 72bc(2)). After temporary protection ends, you may employ an employee who does not fall within any of the three groups only under the general conditions for employing third-country nationals (Section 21(1) of Act No. 5/2004 Z. z.). You should therefore address their residence status and employment conditions in good time, while temporary protection is still in force.

Temporary residence while temporary protection is still in force

From 15 July 2026, an employee with temporary protection may apply for a temporary residence document for employment purposes if they have been employed for at least six months immediately before submitting the application (Section 131o(14)). They must submit a valid travel document, confirmation from the Social Insurance Agency that they are registered with it as an employee, no more than 30 days old, an extract from Ukraine’s criminal records register no more than 90 days old, and proof of accommodation (Section 131o(5) to (7)). If they meet the conditions and there are no grounds for refusing the application, the police will notify them of this within 60 days of receiving the application and issue the document within 30 days of that notification. Otherwise, the police will notify them of the reasons for refusal (Section 131o(12)). Temporary residence is granted when the document is issued. Its validity is determined by the validity of the document evidencing the purpose of residence; if that document has no expiry date, residence is granted for two years (Section 131o(10) and (11)). They may also apply within one year after temporary protection ends if they pursued the activity constituting the purpose of residence for six months before it ended and continue to do so (Section 131o(4)).

The grant of temporary residence ends the employee’s temporary protection (Section 64(1)(d) of Act No. 69/2026 Z. z.). The employer must have a copy of the foreign national’s valid residence document before hiring them and retain it throughout their employment (Section 23b(1) of Act No. 5/2004 Z. z.). You should therefore request a copy of the new document when their residence status changes.

How we can help

Through our employment of foreign nationals and posting of workers service, we will assess the position of your employees with temporary protection, identify who meets the conditions of the transitional rules and prepare the supporting documents for temporary residence applications. Notifications to the labour office when employing foreign nationals are described in the question on a foreign national starting work and notification to the labour office.