Procedure to follow by Employers when hiring foreign Employees
WHO IS A PARTICIPANT IN PROCEEDINGS
Legal or natural person, who plans to hire employees from abroad to vacancies which cannot be occupied by local employees, is a participant in proceedings. A natural person (foreigner) who is not a citizen of the Czech Republic, EU/EEC state or Switzerland, nor a family member of such citizen, is considered to be a foreign employee for the purpose of employment.
REPORTING OF VACANCIES
An employer is obligated to report vacancies to Labour Exchange. Vacancy means a job newly created by the employer or a job left vacant, which cannot be occupied by a citizen of the Czech Republic, other EU/EEC state or Switzerland, nor a family member of such citizen or a person having permanent residence in the Czech Republic. Characteristics of the vacancy reported to Labour Exchange (hereinafter only „LE“) must be identical to characteristics of the job for which the employer plans hiring an employee, possibly foreigner. When hiring a foreigner, the employer must provide the foreigner with the working and wage terms identical to the Czech Republic’s citizens having the same job assignment under effective legal regulations, and/or in accordance with collective agreements or employment contracts.
LEGITIMACY OF EMPLOYING FOREIGNERS
The employer may employ a foreigner only if the foreigner has:
- valid work permit issued by the Labour Exchange with the jurisdiction over the place of job (work permit do not need the categories of the foreigners mentioned in Employment Act no 435/2004 Coll., § 98)
- valid permitted stay in the Czech Republic,
or
- the Green Card
and - written contract of employment for the period corresponding to the period stated in the LE permission to employ foreigners and under the condition that the employer has registered the foreign employee concerned for the social and health care insurance.
REPORTING DUTIES OF THE EMPLOYER
- The employer is obligated to report the occupation of the vacancy by a foreigner to the LO within 10 calendar days. (in case of the foreigner who does not need the work permit, at latest the day of his accession to work)
- The employer is obligated to report to the LO in writing within 10 days but no later than the day on which the foreigner had to start working that foreigner failed to take up work.
- The employer is obligated to report in writing to the LO within 45 days since the day the ministry of interior decided to comply with the appeal for the issue of the Green card that the foreigner has started working.
- The employer is obligated to report in writing to the LO within 10 days that foreigner terminated his employment before the end of the term for which the permit had been issued.