Mgr. Jozef Virčík, Associate, jozef.vircik@wolftheiss.com, +421 2 591 012 41
Since the beginning of the conflict in Ukraine at the end of February, a large number of Ukrainians have started fleeing the war and leaving Ukraine for neighboring countries. Thanks to a visa-free travel regime with Ukraine, more than 400,000 people have entered Slovakia until now. A humanitarian crisis related to such a high influx of refugees required a prompt response from all neighboring countries. Slovakia responded very quickly by activating temporary refuge for Ukrainians and their families, effective as of 1 March 2022. The temporary refuge allowed refugees who were granted temporary refuge to stay in the territory of Slovakia for longer than 90 days. Among other benefits associated with temporary refuge, it allows to immediately land employment in Slovakia and for the reimbursement of urgent and necessary health care.
JUDr. Zuzana Hodoňová, Counsel, zuzana.hodonova@wolftheiss.com, +421 2 591 012 36
In addition to the governmental response and humanitarian aid organized by non-governmental organizations, the private sector contributed to the support. Many employers in Ukraine explored options for relocating their workforce to safer regions either within the country or those with international presence also abroad. Some had drawn-up emergency relocation plans months before the invasion, others had to adapt to the quick development of the situation. Employers also provided financial assistance to their employees in Ukraine, either via upfront payments of wages or by providing cash for emergencies, others arranged for transportation, some preserved jobs for those fighting in the war while continuing to pay their wages or part of their wages.
Considering that temporary refugee status is currently limited in time, Slovak employers hiring people from Ukraine can either conclude fixed-term employment contracts until the end of the temporary refugee status on 4 March 2023, or open-ended employment contracts. If the government prolongs temporary refugee status beyond 4 March 2023, in order to continue with employment the fixed-term contract will need to be renewed, while the open-ended contract will continue automatically. On the other hand, if temporary refugee status is not prolonged, the fixed-term contract will terminate automatically, while it is not yet clear how the open-ended contract will be terminated. Implementation of a special mechanism for automatic termination of open-ended employment contracts due to the expiry of temporary refugee status or an official interpretation of current generally applicable rules in order to enable such termination would be certainly helpful. In any case, if employers intend to hire employees long term, other options, such as obtaining temporary residence, should be explored before the temporary refugee status expires.
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