Special Cases in Granting Work Permits to Foreigners

Work permits issued with a view to the situation on the labour market

A work permit issued with a view to the situation on the labour market (the employer must have a permit of the LO to employ employees from abroad) shall be issued to a foreigner who will be a seasonal employee for six months in a calendar year, provided that at least six months have passed between two jobs.

Work permits issued regardless of the situation on the labour market

A work permit regardless of the situation on the labour market (the employer does not have to have a permit to obtain employees abroad) shall be issued to a foreigner

• Carrying out in the Czech Republic systematic educational activity as a pedagogical or academic employee of a university or a scientific research or development employee of a research institution;
• Who will be employed for a time-limited period in order to improve his skills and qualification in a selected job (internship), but for no longer than one year. This period may be extended, but for no longer that the period required for acquiring the specialised qualification pursuant to the regulations applicable in the Czech Republic;
• Aged up to 26, employed in occasional and time-limited jobs in the framework of an exchange between schools or in youth programmes in which the Czech Republic participates;
• Who is a clergyman of a church registered in the Czech Republic or of a religious society registered in the Czech Republic,
• With respect to whom this is stipulated in an international treaty to whose ratification the Parliament consented and by which the Czech Republic is bound;
• who was granted a visa for the purpose of the endurance of a stay pursuant to the residency act or who was granted a long-term permission to stay for the same reason, or
• who is a refugee-status applicant or who has been granted a visa for the endurance of a stay pursuant to the refugee act, but no earlier than 12 months after the date of the filing of the refugee status application;
• who will carry out his work in the Czech Republic due to having been elected or appointed into a position; in this case, the employer shall document in writing that this employment position is one occupied through the act of election or appointment (§§ 97,147 of the Employment Act);

Specific cases of employing foreigners

Performance of regular tasks

For the purpose of requiring a valid labour permit, employment shall also mean the fulfilment of regular tasks performed by a partner, statutory body or a statutory body or another body of a business corporation for that business corporation, or by a member of a co-operative or a member of the statutory or another body of a co-op for the co-operative.

A company or a co-operative must first report the available job and if it cannot be filled otherwise, the labour office shall issue a work permit on the basis of the foreigner's application. The application for the work permit shall be submitted by the partner or member of a co-op on a special form (model application for downloading). A company or a co-operative shall also report to the labour office the nature the regular tasks which the partner or a member of a co-operative is to perform. (model application for downloading) The work permit shall be issued for the fulfilment of regular tasks, not for the performance of activities related to the management of the company or co-op.

Regular tasks arising from the line of business of a legal or natural person shall mean tasks directly related to the ensuring of the production or provision of services or similar activity which a legal or natural person carries out in facilities designated for those activities or in places in which they are usually performed in its own name and at its own responsibility.

Who is not subject to the regulation of the Employment Act

The following foreigners are not subject to the Employment Act regulation

• performs work on the basis of a trades licence;
• performs work in the Czech Republic under a student and young university graduate exchange programme, provided this activity is carried out under the following conditions:
  • the purpose of the exchange programme is education, including so-called lifelong education,
  • the performance of work constitutes a part of this education,
  • the foreigner's income in the Czech Republic is not derived from his/her performance and the conditions for the provision of that income are based on an agreement with a foreign organisation sending him/her (typically in the form of a scholarship or a contribution by a foundation), not by an employment contract or another individually negotiated labour-law agreement with a legal entity or natural person with its seat/residence in the Czech Republic.

Those conditions can be documented by an agreement (typically on international study co-operation), on the basis of which the foreigner was sent to the Czech Republic.

Cases when a work permit cannot be issued

A work permit cannot be issued to a foreigner who

• has applied for refugee status in the Czech Republic in the first 12 months from the filing of the refugee status application, or
• does not comply with any of the conditions specified by the Employment Act for the issue of a work permit..

When is a work permit or green card not required?

A work permit is not required for a foreigner

1. with permanent residence in the CR,
2. who is a family member of a member of a diplomatic mission, consular office or a family member of an employee of an international government organisation based in the CR, where there is guaranteed reciprocity negotiated on behalf of the government in an international treaty,
3. who has been granted asylum or additional protection
4. who is
   • a performer,
   • an educational worker,
   • an academic worker in a university,
   • a research worker participating in a research meeting,
   • a pupil or student under 26 years old,
   • a sportsperson,
   • a person who in the CR supplies goods or services or imports these goods or
   • a person who carries out construction based on a commercial contract, and if necessary warranty and repair work,
   and his/her work in the CR does not exceed seven consecutive calendar days or a total of 30 days in the calendar year,
5. who is employed in the CR pursuant to an international treaty which has been ratified by parliament and is already binding in the CR,
6. who is a member of a rescue unit and provides assistance based on interstate agreements on mutual aid to eliminate the consequences of accidents and disasters and in the event of humanitarian aid,
7. who is employed in international transportation, if sent by his/her foreign employer to do work in the CR,
8. who has media-related accreditation,
9. who is a military or civilian member of the armed forces of the country which sent them pursuant to special law,
10. who is pursuing future profession in the Czech Republic, i.e. studying on a daily basis at a secondary or higher vocational establishment or attending a taught course at university, 
11. who is sent to the Czech Republic to provide services by an employer based in another member state of the European Union,
12. who is resident in the Czech Republic based on a long-term residence permit for the purpose of family reunification, where this means the cohabitation of a family with a foreigner according to the above-mentioned sections a) or c),
13. who is resident in the Czech Republic based on a long-term residence permit of a resident of another member state of the European Union for the purpose of employment, if over 12 months have passed since issuing this permit,
14. who does systematic educational or scientific activities as an educational or research worker at a university or as a scientific, research or development worker in a public research institution or other research organisation in the Czech Republic according to special legislation,
15. who has obtained secondary or higher vocational education or higher vocational education at a conservatory pursuant to educational law or university education pursuant to the Act on Universities 9), or
16. who is resident in the Czech Republic based on a long-term residence permit for the purpose of the cohabitation of a family, if it is the cohabitation of a family with a foreigner who has the status of a long-term resident in the European Union in the CR or long-term resident in the European Union in another European Union member state and who during this residence was employed in the Czech Republic based on a work permit for at least 12 months.

In the event of the employment of a foreigner according to points a) to e) and points j) to p), the employer or legal entity or individual to whom the foreigner was sent by his/her employer, based on a contract to perform work, is however obliged to inform the relevant labour office in writing of this fact no later than on the day the foreigner starts work. (sample information for download).