Blue card - information for employers

When does a foreigner need a permit?

If you want to employ a foreigner who does not have free access to the labour market, it is only possible if:

• They hold an employee card or a blue card (or an internally transferred employee card) or have a certificate of compliance with the conditions for issuing such a card. An employee card, blue card and an internally transferred employee card are both a residence permit and a work permits.
• They have a valid work permit (if under the Employment Act required) and a valid residence permit (e.g. a valid employee card in the form of a non-affiliated document).

The following persons only may be employed without an employee's card, a blue card, an internally transferred employee card and work permit, together with a valid residence permit (see above):

1. citizens of EU member states and citizens of Norway, Iceland, Lichtenstein and Switzerland
2. family members of citizens of the CR or of citizens stated in point 1
3. foreigners for whom the exceptions states in Section 98 and Section 98a of Act No. 435/2004 Coll., on employment, apply

Employee card, blue card or work permit?

An employee card, blue card and work permit are issued for a specific job with a specific employer. In terms of employment arrangements, they are equivalent to each other. Each of these authorisations may be granted under specific circumstances. For example, for blue cards, the law stipulates the conditions pertaining to the job for which the blue card is intended.

The main differences between an employee card, blue card and work permit from the employer's perspective are as follows:

	Employee card	Blue card	Work permit
Differences in qualification	There are no restrictions on the qualification required for job vacancies. A foreigner's monthly wage, salary or remuneration must not be lower than the basic rate of the monthly minimum wage regardless of the extent of work. The weekly working hours must be at least 15 hours. (The condition of a minimum monthly wage, salary or remuneration and a minimum weekly working time may not be fulfilled if a foreigner who already holds an employee's card is employed in that place requests the Ministry of the Interior to consent to employment on the next job. For more details, see the Ministry of the Interior website.)	At least completed tertiary education or higher secondary education with the minimum duration of studies of 3 years is required. Higher education may be substituted for proven work experience in certain cases. The relevant employment contract or pre-employment contractmust be concluded for six months for the weekly working hours specified by the law and the agreed gross monthly or annual wages must be at least 1.5 times higher than the verage gross annual wage in the Czech Republic published in a notice of the Ministry of Labour and Social Affairs.	There are no restrictions on the qualification required for job vacancies.
Processing times	An employment card therefore combines both residence and work permits. An employee card should be issued in a shorter time than work permits and residence permits are issued separately.	A blue card is both a work permit and a residence permit. A blue card should be issued in a shorter time than work permits and residence permits issued separately.	A work permit alone does not entitle a foreigner to work - they must have a valid residence permit (e.g. an employee card in the form of a non-affiliated document).
Reporting job vacancies	Reporting the job vacancy to the relevant regional branch of the Labour Office is a general obligation under Section 86 of Act No. 435/2004 Coll., on employment. The employer must grant consent with publishing the vacancy in the central records of job vacancies available to employee card holders (hereinafter referred to as the central records of vacancies available for employee cards ). This consent may be granted when reporting a job vacancy or later. The vacancy will be forfeited into the central records of vacancies for the employee cards after 30 days from when the Labour Office issued it and offered it to potential prospects from the domestic labour force.	Reporting the job vacancy to the relevant regional branch of the Labour Office is a general obligation under Section 86 of Act No. 435/2004 Coll., on employment. The employer must grant consent with publishing the vacancy in the central records of job vacancies available to blue card holders (hereinafter referred to as the central records of vacancies available for blue cards ). This consent may be granted when reporting a job vacancy or later. The vacancy will be announced in the central records of blue card vacancies.	Reporting the job vacancy to the relevant regional branch of the Labour Office is a general obligation under Section 86 of Act No. 435/2004 Coll., on employment. The employer must declare interest in employing foreigners - work permit holders. The work permit will be issued if the vacancy cannot be filled by a candidate from the domestic labour force (this does not apply to despatch by a foreign employer).
Selection of employee	An employment contract, contract for work or a letter of intent stipulating the parties' commitment to conclude an employment contract or a contract for work within the specified date must be concluded before filing an employee card application. The contract or agreement is one of the attachments to an employee card application. See What happens after a job vacancy has been included in the central records of vacancies available for employee cards?	An employment contract or pre-employment contractmust be concluded before filing a blue card application. The concluded employment contract or pre-employment contractis one of the attachments to a blue card application. See What happens after a job vacancy has been included in the register of vacancies available for blue cards?	Conclusion of an employment contract, an agreement to perform work or a preliminary contract, in which parties agree to enter into an employment contract or an employment agreement within the agreed period of time, is necessary prior to the work permit application. An employment contract or agreement is one of the appendices to the application for a work permit.
Duration of permit	Depending on the concluded employment contract, but no more than 2 years. Validity may be repeatedly extended by no more than 2 years.	Depending on the concluded employment contract plus 3 months, but no more than 3 years. Validity may be repeatedly extended by no more than 3 years.	No more than 2 years. Validity may be repeatedly extended by no more than 2 years. In the case of seasonal work, the work permit is issued for max. 6 months for a period of 12 months.
Detailed Information	http://www.mvcr.cz/clanek/zamestnanecka-karta.aspx	http://www.mvcr.cz/clanek/modra-karta.aspx	/web/en/employment-of-foreigners

How to offer a job vacancy for a blue card

How to include a job vacancy in the register of vacancies available for blue cards?

In order for a foreigner to submit an application for a blue card for a specific job vacancy, this vacancy must be included in the register of vacancies available for blue cards. It can be put in this register if all of the following conditions are fulfilled:

1. The employer declares the job vacancy to the Labour Office. He/she can also declare the job vacancy via the Internet, if permitted to do so by the Labour Office.
2. The job must require a high professional qualification and must be for at least 6 months for the statutory weekly work hours.
3. The gross annual salary based on the monthly or annual salary offered is not lower than a 1.5 multiple of the gross annual salary in the Czech Republic.
4. When making the declaration or subsequently, the employer grants consent to publish the vacancy in the register of vacancies available for blue cards and concurrently with its publishing.

The vacancy then automatically goes into the register of vacancies available for blue cards. If the employer has granted consent to publication, the vacancy is also published in the registry of vacancies available for blue cards.

The vacancy shall not be entered into the central register of vacancies for blue cards or is discarded if

• filling it were to threaten the situation on the job market; this is decided by the Minister of Labour and Social Affairs.
• the employer has been finally fined within the last 4 months for allowing illegal work;
• the assets of that employer have been declared bankrupt by a final judgment of a court and the bankruptcy has not yet been revoked, or
• the employer has been finally ordered in the last 3 months to pay a fine exceeding CZK 50,000 for violating an obligation arising from labour regulations or for violating an obligation under other legislation the observance of which is supervised by the State Labour Inspection Office or the Regional Labour Inspectorate.

What happens after a job vacancy has been included in the register of vacancies available for blue cards?

What is the next stage after the publication of a job vacancy in the registry of vacancies available for blue cards?

As soon as a job vacancy is published in the registry of vacancies available for blue cards, foreigners may submit applications for it.

A foreigner may only submit an application for a blue card on the basis of contact with the employer and having concluded an employment contract, which must be enclosed with the submission of the application. Following the approval of the blue card application, the Ministry of the Interior informs the employer in writing that the foreigner's application has been granted; in the information it states:

• the name or names and surname
• the foreigner's nationality
• the date as of which he meets the conditions for the issuing of a blue card (if the application was granted)
• the position for which the blue card will be issued (if the application was granted).

After issuing the blue card, the Ministry of the Interior informs the employer in writing of the number of the blue card issued to the foreigner and its date of receipt.

Obligations of the Employer

• Once a foreigner commences his employment, the employer shall inform the relevant Labour Office of the vacancy having been filled. He shall state the blue card reference number.
• The employer shall inform the relevant Labour Office in writing if a foreigner who has been granted a blue card:
  1. has not commenced employment (within 45 calendar days of the day on which his/her blue card application was granted), or
  2. terminated his employment prior to the expiration of the period for which the permit was issued, and, if the employment was terminated for any of the reasons stipulated in Section 52 a) to e) of the Labour Code, or by agreement for the same reasons, or by an immediate termination pursuant to Section 56, also of the reason for the employment termination. (within 10 calendar days of the foreigner having terminated his/her employment).
• If the employment was terminated for any of the reasons stipulated in Section 52 a) to e) of the Labour Code, or by agreement for the same reasons, or by an immediate termination pursuant to Section 56, prior to the expiration of the period for which a blue card was issued for the foreigner, and, for that reason, his/her residence permit issued for employment purposes has been or is to be cancelled, the employer shall pay the cost of any healthcare provided to the foreigner in the period between employment termination and the foreigner's travel out of the country, but for a maximum of the period for which the work permit was issued; this shall not apply if these costs are covered by other means.
• If the employer wants to change the job of a foreigner (and also if the foreigner wants to change their employer), the employer is obliged to report a new vacancy and the foreigner is obliged to report the change of employer or employment to the Ministry of the Interior.. For more details, see http://www.mvcr.cz/clanek/modra-karta.aspx?q=Y2hudW09Nw%3d%3d.
• The employer shall inform the Ministry of the Interior in writing and without delay of any expected change in the job position of a blue card holder.