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We would like to inform you about upcoming changes in foreign employment regulations that will impact all those employing third-country nationals or citizens of EU/EEA member states and Switzerland.
What are the changes in foreign employment?
Effective from 1 July 2024, the following changes will apply:
- Digitalisation of notification obligations towards the Labour Office regarding the employment of foreigners.
- In the central register of job vacancies, positions advertised for holders of employment and blue cards will expire after six months from the date of publication. If needed, the vacancy must be re-advertised, and each publication will last only six months.
- The labour market test has been abolished for job positions advertised for holders of employment and blue cards in the central register (if unemployment in the region exceeds 7%, the labour market test will be reintroduced at the regional level).
- Citizens of Australia, New Zealand, Canada, Japan, Singapore, South Korea, the USA, the United Kingdom, and Israel will have free access to the labour market.
What does full digitalisation of notification obligations mean?
As you may know, employers are required to notify the Czech Labour Office when employing foreigners (e.g., notifying the start, changes, and termination of employment for each foreign worker). These notifications can now only be submitted via one of the following three digital channels:
- By filling in a form on the website of the Ministry of Labour and Social Affairs. To access the form, you must log in using the employer’s data box.
- By sending an XML file to the Czech Labour Office's data box. An XML editor allows you to generate the XML file for submission to the Labour Office data box: 2akmgv5.
- By direct integration of the employer’s information system with the interface of the Ministry of Labour and Social Affairs.
After a successful notification, the Labour Office will issue a Certificate of Digital Submission. Only upon receiving this certificate will your notification obligations under the Employment Act be considered fulfilled.
If there are errors in the submission (e.g., via an XML file), the Labour Office will notify you of the error in your data box. This means you must correct and resubmit the form. Only when the form is error-free and accepted by the Labour Office will you receive the Certificate of Digital Submission, which we recommend keeping in your records for the specific foreign employee.
Notification obligations now distinguish between:
- Information Card: Used to notify the start, changes, or termination of employment for EU/EEA and Swiss citizens, their family members, and foreigners with free access to the labour market (e.g., those with permanent residence, students in accredited programs at universities or secondary schools, foreigners who obtained education in the Czech Republic, Ukrainian nationals with temporary protection, and now also citizens of Australia, New Zealand, Canada, Japan, Singapore, South Korea, the USA, the UK, and Israel).
- Notice: Used to notify the start, changes, or termination of employment for foreigners requiring work authorisation, such as holders of employment cards, blue cards, intra-corporate transferee cards, or work permits alongside a residence title.
Expiration of advertised job vacancies in the central register after six months
Job vacancies advertised for holders of employment and blue cards will now only remain in the central register for six months. After this period, they will be removed, and if needed, the vacancy must be re-advertised.
Additionally, the labour market test (10–30 days) has been abolished for both employment and blue cards. This means you no longer need to wait for the test to conclude and can start processing residence applications immediately after publishing the vacancy in the central register.
Employers hiring foreigners with free access to the labour market do not need to advertise such job vacancies in the central register. However, this does not affect your notification obligations to the Labour Office as outlined above.
Please note: All job vacancies currently published in the central register for holders of employment and blue cards will expire at the end of January 2025.
Free access to the labour market for citizens of nine countries
From 1 July 2024, citizens of Australia, New Zealand, Canada, Japan, Singapore, South Korea, the USA, the UK, and Israel will no longer need work permits to work in the Czech Republic.
However, note that free access to the labour market does not grant these individuals the right to reside in the Czech Republic. They will still need to apply for a residence permit, meaning that although no work permit is required, a residence title is still mandatory.
Types of residence permits available to these nationals from 1 July 2024:
- Non-dual employment card: For third-country nationals with free access to the labour market who require a residence title for stays exceeding three months.
- Schengen visa (for employment purposes): For stays of up to three months. Should employment exceed this period, they must apply for a non-dual employment card.
Most of these countries benefit from visa-free travel for up to three months; however, this applies only to non-employment purposes (e.g., tourism, and visits). For employment purposes, a Schengen visa must first be obtained from the Czech consulate.
Citizens of these countries can choose between the standard dual employment/blue card process or take advantage of the new free labour market access option. Blue cards remain advantageous for highly skilled workers due to benefits like family reunification and mobility within the EU.
Entrust professionals
If you are planning to employ foreign workers and are unsure about your obligations or the best process to follow, do not hesitate to contact us.
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