Legislative changes under Lex Ukraine

The legal amendments are intended to make the stay of Ukrainians fleeing the war easier in Slovakia and to simplify labour market processes. The measures include waiving a person with temporary refugee status’ obligation to pay local taxes relating to accommodation, dog ownership and municipal waste. Drivers from Ukraine will be exempt from payment for motorway tax discs in Slovakia and vehicles transporting humanitarian aid to Ukraine will not have to pay road tolls in Slovakia.

Other legislative changes summarised in this article include:

• Act No. 404/2011 Coll. on Residence of Foreigners

An amendment regulates the validity of granted temporary residence, permanent residence and tolerated stays of foreigners in Slovakia. The validity of a foreigner's stay, which would otherwise expire during the emergency situation, is extended until two months after the emergency situation is revoked (even if the foreigner has not been able to apply for renewal due to the situation and limited functioning of the Foreign Police).

As of 1 April 2022, due to the decreasing number of refugees arriving from Ukraine, Foreign Police departments are gradually returning to their standard operating hours, and on Mondays, Wednesdays, and Fridays they are processing applications other than temporary residence permits for employment and requests for temporary refuge.

More information can be found on the website of the Ministry of the Interior of the Slovak Republic and on the Facebook page of the Slovak Police.

Another related amendment is that a change to accommodation of refugees should be reported directly to the municipality (or city district) and not to the Foreign Police as before.

The legal amendments also address the case where a third country national who has been granted temporary residence for employment in Slovakia plans to change their job. Normally, the foreigner would be obliged to report such a change to a Foreign Police department, which then requests the relevant labour office to issue a certificate of the possibility of filling a job vacancy. Due to the current workload at the Foreign Police, an employer seeking to employ a foreigner may now apply for this certificate directly at the relevant labour office.

•  Act No. 480/2002 Coll. on Asylum

Lex Ukraine also amends the Act on Asylum and the designation of refuge status has been changed. The document on granting a tolerated stay will be marked Temporary Refuge (“Dočasné útošisko”), rather than Refugee (“Odídenec”) as previously.

On 5 April 2022, the President of the Slovak Republic signed an additional amendment to the Act on Asylum, which grants asylum seekers access to the labour market within 6 months (instead of the original 9) from the beginning of the asylum procedure.

Financial contribution for the accommodation of refugees from Ukraine

The amended Act on Asylum regulates the payment of contributions for persons who have been granted temporary refuge status. The contribution will be provided per night and its amount is determined by a government regulation. Refugees are obliged to notify the municipality (or city district) once a month of the location at which they are being provided accommodation. The maximum contribution is EUR 500 - EUR 1 250 per month (depending on the number of rooms provided). Accommodation must be provided to refugees free of charge. Contributions are paid by the municipality and the person providing accommodation (eg flat owner) must submit a contract for the provision of accommodation and an affidavit (specimen contracts and other documents are available on the website of the Ministry of Interior).

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

For Ukraine citizens who are employed or self-employed in Slovakia and have been called up for military service (or other service) in the armed forces of Ukraine, compulsory social insurance is suspended for the period of performance of this obligation, under an amendment. This period will also continue to be included in the pension insurance period and they will also be given the opportunity to subsequently pay for this period.

The new regulation will ensure that during the stated period, Ukrainians performing military service will not be subject to compulsory social insurance and are not obliged to pay insurance contributions.

• Act No. 580/2004 Coll. on Health Insurance

Ukrainians who are publicly insured in Slovakia and perform military services in the Ukrainian armed forces will be removed from the public health insurance system. This means that they will not have the obligation to pay health insurance contributions (eg if their employer is granting them unpaid leave while performing military services). This provision is generally applicable, not only in relation to Ukrainian citizens.

After obtaining temporary refuge, foreigners who are not covered by health insurance in Slovakia will be entitled to urgent healthcare. 

• Act No. 552/2003 Coll. on Undertaking Work of Public Interest 

The performance of work in the public interest is subject to the obligation to document integrity by an extract from the criminal register. Ukrainian citizens who are refugees may document their integrity by an affidavit during the emergency situation if it is not possible to submit an extract from the criminal register for objective reasons. However, if the employment lasts for two months after the end of the emergency situation, it will be necessary to confirm their integrity with the relevant extract from the criminal register, otherwise the employment must be terminated.

In connection with pedagogical employees, for Ukrainian teachers who wish to teach in Slovakia during the emergency situation, an affidavit and a psychological assessment of mental capability are sufficient to document integrity. Such a psychological assessment may not be older than one year.

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

An amendment introduces several changes regarding employment of third country nationals, specifically in connection with the validity of certificates of the possibility of filling a job vacancy and work permits. The validity of a job vacancy certificate corresponding to highly qualified employment, a job vacancy certificate and a work permit that would otherwise have expired during the emergency situation must be extended until two months from the date on which the emergency situation is revoked. The above amendment does not apply to seasonal employment.

• Act No. 483/2001 Coll. on Banks

When opening a bank account, refugees may document their identity with a temporary refuge document rather than an identity document, together with another valid document (which also contains a photo). Information on residence/stay and on nationality may be replaced by an affidavit.

• Act No. 362/2011 Coll. on Medicines and Medical Devices

Previous legislation established strict conditions for the distribution and export of medicinal products, which complicated and sometimes prevented the provision of adequate humanitarian aid, ie the supply of medicinal products to Ukraine, and therefore an amendment to the Act on Medicines has been adopted. The amendment provides the possibility of expanding the scope of entities to which a license holder for the distribution of medicinal products is obliged to deliver medicinal products to include international humanitarian organizations providing humanitarian aid and also the possibility to allow them to export medicinal products included in the list of categorized medicinal products to affected areas of Ukraine.

Date: 11. 04. 2022