Employer’s Procedure in Employing Foreign Employees who do not have free access to the labour market of the Czech Republic
Reporting of vacancies
An employer is obliged to notify the relevant Regional Office of the Labour Office of the Czech Republic of the vacancy and its characteristics if they intend to employ a foreigner who needs a work permit and a residence permit, or an employee card or a Blue Card. Vacancy means a job which the employer has newly created or which has become vacant. The characteristics of the vacancy reported to the regional office of the Public Employment Service must be identical to the characteristics of the job where the employment will be pursued.
The basic characteristics mean the type of work, place of work, qualifications and requirements laid down for doing the job, basic information on working and wage conditions, as well as information as to whether it is an employment of definite or indefinite duration, and the expected length of the employment. The employer may also report the accommodation or commuting possibilities, if the employer requires such information to be published.
If the employer intends to employ foreigners who require an employee card or a Blue Card to work in the Czech Republic, they must give consent to the inclusion of the declared vacancies in the central register of vacancies filled by the employee card or the blue card holder and must also give consent to the publication of the vacancy for at least 30 days from the date of its notification to the Regional Office of the Czech Labour Office.
The employment agency which intends to employ the foreigner for temporary assignments to work with the user must also report the vacancy to a Regional Office of the Labour Office of the Czech Republic. For more information, see the Agency Employment of Foreigners.
Eligibility to employ foreigners
The employer may only employ a foreigner who holds the following in accordance with the Employment Act
- a valid work permit from the relevant Regional Office of the Labour Office of the Czech Republic and a valid residence permit (in particular, a so-called non-affiliated 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), or
- an employee card,
- a blue card, or
- an internally transferred employee card
- a contract of employment concluded in writing for the period of time for which the employment should be performed, a written agreement to perform work or a written contract for a preliminary contract in which the parties undertake to conclude a contract of employment or a work agreement within the agreed time limit employment (for residence permit holders except in the case of despatching under Section 95 of the Employment Act, these concluded contracts or agreements must also include the duration of the basic labour relationship, the amount of the salary, the salary or the remuneration, the weekly working hours agreed and the leave allowance in accordance with the legislation, provided that the employer of the foreigner has registered them for the payment of social and health insurance benefits).
An employer who employs a foreigner is obliged to offer such working and wage conditions to the foreigner as are usual for citizens of the Czech Republic in the same occupational status pursuant to legislation in force or, where appropriate, according to collective agreements or employment contracts. Holders of the Employee Card must be provided weekly working time of at least 15 hours, and salary -- regardless of the scope of work – shall not be less than the basic rate of the minimum wage; holders of the Blue Card must be guaranteed by the employer a gross monthly or annual salary of at least 1.5 times the average annual wage in accordance with the published Communication of the MoLSA.
Obligation to notify
The employer is obliged to notify, in writing, the relevant regional office of the Public Employment Service of the foreigner’s starting work, and to do so no later than by the date on which that person starts work. (notification form for download).
Also, the employer is obliged to notify, in writing, the relevant regional office of the Public Employment Service of the facts that the foreigner who has obtained an Employment Permit, an employee card, a blue card or an internally transferred employee card
- has failed to start work,
- has terminated employment before the expiration of the period for which the permit has been issued, or
- the employment has been terminated by notice for some of the reasons stated in Article 52a) to e) of the Labour Code or by agreement for the same reasons, or
- the employment has been terminated by immediate termination pursuant to Article 56 of the Labour Code, including the specification of the reasons for the termination.
If the employment is terminated by notice, agreement or by immediate termination, the employer is obliged to specify the reason for terminating such employment.
If the foreigner fails to start work, the employer shall be obligated to fulfil the information obligation for foreigners with an Employee Card or a Blue Card no later than within 45 days of the day when the conditions for issuing the Employee Card or Blue Card were fulfilled, and for foreigners with a Employment Permit no later than within 10 days of the day they were supposed to start the work.
In the cases referred to in points b) to d), the employer must fulfil the information obligation towards the regional office of the Public Employment Service no later than within 10 days of the day the foreigner’s employment ended (notification form for download).
Keeping Records and Storing Documents
The employer is obliged to keep records of the foreigners they employ. In addition, a legal or natural person who has concluded a contract with a foreign employer on the basis of which foreigners have been sent to the territory of the Czech Republic to fulfil the tasks arising from this contract is obliged to keep records of these foreigners.
The records include the foreigner's identification data, their address in the country of residence and the address for the delivery of the consignments, the travel document number and the name of the issuing authority, the type of work, the place of work and the length of time the work should be performed, the gender of the foreigner, the classification according to the sectoral classification of economic activities, the highest level of education, the education required for the work performance, the period for which they were issued with a work permit, an employee card, a transfer card or a blue card, and the date of commencement and date of termination of employment or the day of foreigner employer despatch.
In the event that a legal or natural person who has entered into an agreement with an employer established in another member state of the European Union on the basis of which foreigners have been despatched to the territory of the Czech Republic to perform the tasks arising from this contract, this legal or natural person shall be obliged to keep records of such foreigners, which contains the identification data of the particular foreigner, their address in the country of residence and the address for the delivery of the consignments, the travel document number and the name of the authority which issued it, the type of work, the place of work and the period during which the work should be performed, the gender of the persons, the date of commencement and date of termination of employment or the day of despatch by the foreigner employer established in another member state of the European Union.
The employer shall be obligated to keep copies of documents proving the legitimacy of the foreigner’s residency in the Czech Republic for the duration of the employment and for a period of 3 years from the end of the employment of this foreigner.
Poslední aktualizace: 4. 2. 2020