The employment of foreigners in the Czech Republic is accompanied by bureaucracy – both for the company and for the employee himself. It is enough for Czech employers and employees to simply agree among themselves (sign an employment contract), after which the company will submit information about the new employee to the social insurance office and the health insurance company. When hiring foreigners in the Czech Republic, this process is several steps more complicated. This year, the conditions for their employment will become even tougher.

Recently, Czech ministries, especially the Ministry of Labor and Social Affairs and the Ministry of Foreign Affairs, have become more involved in labor policy. On the one hand, they cannot ignore the migration of cheaper labor from abroad, who are ready to work for less money than the Czechs. On the other hand, they are trying to promote the integration of foreigners who legally live in the Czech Republic into the Czech labor system.

Employment of foreigners and the law

The Ministry of Labor and Social Affairs is the authorized body for coordinating the integration policy of foreigners in the CR. On its official website, it offers useful information about the employment of foreign citizens in the Czech Republic.

Despite the fact that the conditions for the employment of foreigners for Czech employers and employees themselves are more stringent and difficult, companies and entrepreneurs in the Czech Republic continue to employ foreign citizens both from the European Union and from third countries.

The legislative base in the Czech Republic for the basic conditions of employment of foreigners is the Labor Code and the Law on Employment. These and other related laws determine whether a foreigner will need a work and residence permit in the Czech Republic or be hired as a Czech citizen.

From the point of view of labor legislation in the Czech Republic, there are three categories of foreigners:

– Foreigners with permanent residence (permanent residence) who have been issued a permanent residence permit by the Police of the Czech Republic. During employment, they have the same rights as citizens of the Czech Republic, i.е. they do not need to obtain a work permit and are not subject to any restrictions (with the exception of employment that requires citizenship of the Czech Republic, for example, in the civil service).

– Citizens of the countries of the European Union, the European Economic zone and Switzerland, as well as members of their families. They have the same employment rights as Czech citizens. They do not require a work permit. They have the right to stay in the Czech Republic for the entire period of employment.

– The last category includes foreigners from third countries, who must obtain a work permit from the relevant employment agencies in the Czech Republic, as well as a long-term residence permit issued by the Aliens Police.

Employer’s obligations

An employer always expects additional bureaucracy, regardless of whether he wants to hire an EU citizen or a third country. First of all, he must inform the labor exchange about the admission of a new employee – a foreigner, and this must happen no later than on the day the latter starts working.

When employing EU citizens, it is necessary to fill out the “Notification of Employment” form. This must be done even if a Czech company hires a Slovak citizen. This application must describe the vacancy, conditions for admission to this position, including information from the Industry Classification of Economic Activities, required qualifications, working conditions, etc.

If a third-country national is hired, the administrative process will be more difficult. The employer will need to inform the labor exchange about the termination of employment with a foreigner, as well as about all changes during the employment period.

When hiring foreigners from third countries, the employer must notify the labor exchange of the employment of a foreign citizen using the form “Notice from the employer of employment …” with all the input data. The employer must comply with the obligation to timely inform the labor exchange about all changes in labor relations with a foreigner when hiring both EU citizens and migrants from third countries.

The employer is also obliged to keep copies of documents that confirm the employment relationship with a foreigner at the workplace, including a residence permit in the Czech Republic, even if three years have passed since the employee’s dismissal.

Penalties for employers

If an employer hires a foreigner without a work permit or a long-term residence permit in the Czech Republic (if necessary), he will is obliged to bear all the costs of extradition of a foreigner.

These expenses include accommodation, food, travel and other mandatory payments. Liability can be avoided if the employer manages to prove that he did not know that the residence permit in the Czech Republic presented by the foreigner was fake.

Who does not need a work permit in the Czech Republic

A work permit (labor or blue card) is not needed for foreigners who have received permanent residence or asylum in the Czech Republic. It is also not necessary to issue a permit for those foreigners who will work in the Czech Republic for 7 calendar days in a row or 30 days in total in a calendar year, if we are talking about artists, researcher, developer or researcher who is a participant in a scientific symposium.

No special permit is required for foreign students under the age of 26, athletes and persons who provide supplies of goods and services in the Czech Republic, carry out the installation of these goods on the basis of commercial contracts, and also carry out warranty and repair work.

A work permit is not required for foreigners who systematically prepare in the Czech Republic for a future profession or are on a business trip in the Czech Republic as part of the provision of services to a company in another EU country. Foreigners who have graduated from a secondary school or university in the Czech Republic do not need to receive a blue card either.

Employment of refugees

A separate chapter in the law on the employment of foreigners is the employment of refugees. Employment of the applicant for international protection within six months from the filing of the application is impossible – according to the law.

Failure to comply with this law, the employer commits an administrative offense or commits a criminal offense. After six months have elapsed from the date of application for asylum, refugees can be hired.

The asylum seeker is required to have a valid work permit issued by the regional office of the Labor Exchange of the Czech Republic. Persons under international protection (asylum or subsidiary protection) have free access to the labor market and do not need to obtain a work permit.

Citizens of the EU, the European Economic Area and Switzerland are not considered by law to be employed as foreigners. They have the same rights under labor relations, like the Czechs.

Labor card in the Czech Republic

Foreigners from third countries are required to obtain a long-term residence and employment permit. We can talk about the so-called “Labor card”, which contains two types of permits (for residence and employment). It is issued by the diplomatic mission of the Czech Republic in the foreigner’s country of residence. The Ministry of the Interior of the Czech Republic is in charge of extending its validity.

If an employer asks the local authorities in the Czech Republic to allow the employment of a non-EU foreigner, he will have to comply with stricter requirements than if he wanted to hire an EU citizen. When employing a non-EU citizen, the employer must apply for a vacant job, which will be first offered to citizens of the Czech Republic through the Czech Ministry of Labor and Social Affairs.

If no one is interested in a vacancy, it can be offered to a foreigner, provided that his qualifications and other qualities correspond to this position. Only after that a foreigner will be able to receive a labor card.

According to Section 98 of the Employment Act, a special regime applies to foreigners who study, teach, are ministers of the church, the military and other categories of persons in the Czech Republic.

blue card

«blue card» наделяет иностранца теми же правами, что и трудовая карта. It is issued to foreigners with higher education in employment for a period longer than one year.

If a foreigner has permanent residence in the Czech Republic and he has a proper certificate, he can get a job on the same conditions as the Czechs. Thus, it does not require any card.

A foreigner can also separately obtain a work permit and a long-term residence permit. This means that the employer will have to notify the labor exchange of the intention to hire a foreigner, and the foreign employee will then apply for employment with this employer for a specific position. Only after all these formalities have been resolved, it will be possible to apply for a residence permit to the Ministry of the Interior of the Czech Republic.