Procedure for a foreigner who does not have free access to the labour market of the Czech Republic, aiming to implement their employment in the Czech Republic

A third-country foreigner (i.e. from a non-EU/EEA country and Switzerland) who does not have free access to the Czech labour market (not mentioned in Section 98 or 98a of the Employment Act) can only work if they have obtained a valid work permit, an employee card, a blue card, or an internally transferred employee card.

It is only possible to obtain a work permit along with a valid residence permit, an employee card or a Blue Card for a specific job with a particular employer.

Vacancies suitable for foreigners currently offered by employers can be found in this database: https://portal.mpsv.cz/sz/zahr_zam/prociz/vmciz. Job offers can be searched for on other commonly available servers or by direct contact with the selected employer. Such an employer then has to notify the Czech Labour Office of the vacancy so that it can be placed in a database of vacancies suitable for foreigners.

Once you have found an appropriate vacancy and you have an appointment with a prospective employer, you can apply for a work permit (and then apply for a residence permit) or an employee card or Blue Card.

Who is the participant in the procedure

The participant in the administrative procedure is a foreigner who applies for an Employee Card, a Blue Card, an internally transferred employee card (for redirection to more detailed information on each of these permits, click on the links) or for an Employment Permit.

Foreigners apply in writing for an Employment Permit to the relevant regional office of the Public Employment Service, usually prior to entering the territory of the Czech Republic. The foreigner may be represented in the procedure by the employer or by other representative empowered by the foreigner, on the basis and to the extent of a written power of attorney.

Employment Permit

Employment permits may be requested by foreigners who want to be employed in the CR for the following is purpose

• seasonal work, which means work dependent on a specific season (work reliant on a specific season according to the recurring event or type of event based on seasonal conditions during which the labour needs are substantially greater than in the case of common types of work) for the period of max. 6 months in any period of 12 consecutive months) set out in Decree No. 322/2017 Coll.;
• fulfilment of the tasks arising from the line of work of the legal person arranged by a partner, a governing body or a member of the governing body or another body of a business corporation for the business corporation
• holder of a long-term residency permit for the purpose of business;
• holder of long-term residence for the purpose of investing;
• employment for a limited period for the purpose of increasing skills and qualifications (so called internship) for a maximum period of 6 months; this period may be extended, but no longer than for the time necessary to acquire the professional qualification under regulations valid in the CR;
• occasional and time limited employment of persons up to the age of 26 within an exchange between schools or within programs for youth that the Czech Republic participates in;
• a promulgated international treaty that has been ratified by the Parliament and if this treaty stipulates that foreigners must have an Employment Permit;
• a visa holder or holder of a long-term residency permit for the purpose of tolerating residency under the residency act;
• who is an applicant for international protection or who has been issued confirmation of leave to remain in the Czech Republic under the Asylum Act, but no sooner than 6 months after the date of providing data for application for international protection;
• the posting of a foreigner to the CR by a foreign employer on the basis of a contract concluded with a Czech legal entity or natural person in order to perform tasks ensuing from this contract;
• short-term employment of up to three months.

The regional office of the Public Employment Service in whose jurisdiction the foreigner will perform the work shall always be the relevant one for issuing the Employment Permit.

Application for Employment Permit

The application shall include (application form for download)

• Foreigner’s identification data (i.e. name(s), surname and – where appropriate – birth name, nationality, personal identification number or date and place of birth unless the personal identification number has been assigned, place of residence);
• Address in the country of permanent residence and postal delivery address;
• Travel document number and name of the authority that has issued the document;
• Future employer’s identification data (name, registered office, identification number);
• Type of work;
• Place of work and the period for which the employment should be pursued;
• Other data, where appropriate, required for the pursuit of employment.

Annexes to the application

• A photocopy of the travel document’s page containing the foreigner’s basic identification data;
• An employment contract, an agreement to perform work or a preliminary contract where the parties undertake, within the agreed time limit, to conclude an employment contract or agreement to perform work which must (except in the case of despatch pursuant to Section 95 of the Employment Act) include, in addition to the mandatory requirements stipulated by the Labour Code, the duration of the basic labour relationship, the amount of the salary, the salary or the remuneration, the length of the weekly working hours agreed and the leave allowance in accordance with the legislation;
• In the case of seasonal work: an employment contract for a definite period, an agreement to perform work, or a preliminary contract where the parties undertake, within the agreed time limit, to conclude an employment contract or an agreement to perform work for a definite period containing provisions clearly indicating that the monthly salary or remuneration of the foreigner is not lower than the basic monthly minimum wage; the weekly working time must be at least 15 hours in each of the two basic labour-law relationships (however if employed for another job, the condition of a 15-hour working time/week is not required considered the temporary duration of the basic labour relationship);
• If the employment agency assigns the temporary work to a foreigner, the employment contract or an agreement to perform work or preliminary contract (see above) will include a special provision in which the employee will agree to a temporary assignment to the user;
• Documents certifying the competence to perform the desired job (vocational certificate, secondary school leaving certificate, diploma of completion of higher education, etc.);
• Other documents if required by the nature of employment or if laid down by a promulgated international agreement that has been ratified by Parliament and is binding on the Czech Republic.

Annexes in foreign languages shall be produced in their original versions or their officially certified copies, along with their officially certified translations into Czech.

The documents that prove the professional competence to pursue a requested occupation must be superlegalised (or provided with an apostille, where appropriate) and validated.

More

Administrative fee

In accordance with the Act on Administrative Fees, the Annex thereto is the List of Fees, the filing of a foreigner’s application for an Employment Permit is subject to the administrative fee of CZK 500 (see item 9c) of the List of Administrative Fees (see item 9b) of the List of Administrative Fees).

Employment Permit

• includes the foreigner’s identification data, place of work, type of work, identification data of the employer where the foreigner will pursue the employment, the period for which the permit is issued, and other data required for the pursuit of the employment;
• is non-transferrable and issued for a definite period of time, the maximum of two years (for seasonal employment for max. 6 months), however; a foreigner may even apply for an Employment Permit repeatedly;
• is only valid for the employment with the employer specified in the decision; this also applies to the type and place of work. If some of the conditions stated in the Employment Permit are to change before the expiration of the permit, the foreigner has to apply to the locally competent regional office of the Public Employment Service for a new Employment Permit;
• is required for all labour relationships authorised for foreigners within the meaning of the Labour Code performed by a foreigner in the Czech Republic, i.e. on the basis of an employment contract or an agreement to perform work, even if there is a concurrence of these employment relationships;
• cannot be issued if a foreigner needs an employee card, a blue card or an internally transferred employee card in order to work in the territory of the Czech Republic in accordance with valid legal regulations. (The holder is entitled to stay in the territory of the Czech Republic for the purpose of employment and work in the long term.)

Working Activity of Foreigners with a Valid Work Permit in the Territory of the Czech Republic

A foreigner may perform work if they have a valid work permit and a valid residence permit (in particular an employee card within the meaning of Section 42g (3) of the Residence Act, which serves only as a long-term residence permit in the Czech Republic).