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Before hiring a staff member who has fled Ukraine, consider whether they should be employed as a teaching or non-teaching staff member.
1. Non-teaching staff
Here the situation is simple. Typically, Ukrainian refugees will be hired as building managers or cleaners, where they can do without knowledge of the Czech language.
- a visa sticker of a long-stay special visa for the purpose of staying in the territory marked D/VS/U (or its equivalent in the form of a stamp marked D/VS/U due to the lack of visa stickers), or
- a temporary protection visa sticker marked D/DO (or its equivalent in the form of a stamp marked D/DO due to the lack of visa stickers).
2. Teaching staff
Here the situation is more complicated. A Ukrainian refugee who is to be employed as a teaching worker must meet the conditions in the Teaching Workers Act. And this is a problem. Although the Law No. 67/2022 on measures in the field of education in connection with the armed conflict on the territory of Ukraine caused by the invasion of the Russian Federation troops (Lex Ukraine) temporarily allows in some situations to bridge the lack of knowledge of the Czech language, but not always. Let us summarize the conditions.
The Teaching Personnel Act requires:
- Knowledge of the Czech language. Lex Ukraine allows for a pedagogical worker who does not speak Czech to be employed if he/she carries out education in classes, groups and departments where only children, pupils, students or participants who are foreigners or nationals of Ukraine are educated. If you would like to recruit an educator from Ukraine to work in a group where there will be only Ukrainian children, this is possible. However, being a teaching staff member without knowledge of Czech is only possible until 31 August 2022.
- professional qualifications. Ukrainian refugees must meet the professional qualification requirement. However, a teaching degree in Ukraine will not be sufficient and these job applicants will have to have their Ukrainian diploma nostrified. Fortunately, there is Section 22(7) of the Teaching Staff Act which allows you to employ a teaching staff member without a professional qualification for the period of time necessary when you do not have a teaching staff member with a professional qualification.
- Integrity. The foreigner you wish to employ will need to apply for a criminal record extract from the Criminal Records Office at the Registry of Criminal Records 988/1. 140 66 Prague 4.) Further information on the Office's office hours can be found here: http://portal.justice.cz/justice2/Soud/soud.aspx?o=203&j=213&k=2027
- medical capacity. The medical fitness of the job applicant will be assessed by your company doctor as part of the initial medical examination.
As with non-teaching staff, as an employer you will need the applicant to provide proof of the temporary protection granted, as indicated on the travel document, by:
- A visa sticker of a long-stay special visa for the purpose of toleration in the territory marked D/VS/U (or its equivalent in the form of a stamp with the D/VS/U marking due to the lack of visa stickers)), or
- a temporary protection visa sticker marked D/DO (or its equivalent in the form of a stamp with a D/DO stamp due to a shortage of visa stickers).
After the conclusion of the employment relationship, you will report the employee to the regional branch of the Labour Office on the form provided for this purpose no later than on the day of commencement of work. A sample of this form can be found here.
If your Ukrainian employees, students or their parents need legal assistance, refer them to the website ua.support, which connects refugees with lawyers around the world who can provide them with the free legal.
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Martin Herna
Martin Herna
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