Special Cases of Granting Employment Permits to Foreigners
Employment permits issued with a view to the labour market situation
Employment permits with a view to the labour market situation are issued to foreigners who will be seasonal employees for six months within a calendar year if the period elapsed between the individual employments is at least six months.
Employment permits issued irrespective of the labour market situation
Employment permits irrespective of the labour market situation are issued to a foreigner
- who will be employed for a time-limited period to improve his or her skills and qualifications in the employment (traineeship) chosen, but the employment will be for no longer than six months. This period may be extended, albeit for no longer than the time required to acquire the professional qualifications pursuant to legislation in force in the Czech Republic;
- up to the age of 26,employed in occasional and time-limited jobs as part of a school exchange or as part of youth programmes in which the Czech Republic participates;
- for whom this is laid down by a promulgated international agreement ratified by Parliament and binding on the Czech Republic;
- who has obtained a visa for the purpose of residence toleration under the Residence Act or has obtained a long-term residence permit for the same purpose, or
- who is an applicant for international protection or who has been issued confirmation of leave to remain in the Czech Republic under the Asylum Act, but no sooner than 6 months after the date of providing data for application for international protection;
- who is sent by a foreign employer to the CR to perform tasks ensuing from a contract concluded with a Czech legal entity or natural person.
Performance of tasks
For the purposes of the obligation to have a valid employment permit, the employment is considered to include also the performance of tasks arising out of the legal entity’s activities taken care of by a partner, a statutory body or a member of the statutory or other body of a business company for the business company, or by a member of a cooperative, or by a member of the statutory or other body of a cooperative for the cooperative.
The company or the cooperative has to report a vacancy first. If the vacancy cannot be filled otherwise, the Public Employment Service will issue an employment permit at foreigner’s request. The application for the employment permit shall be submitted by a partner or a member of a cooperative, using a special form (specimen application for download). The business company or the cooperative shall also report the characteristics of the tasks to be taken care of by the partner or the member of the cooperative to the Public Employment Service (specimen report for download). The employment permit will be issued for the performance of tasks arising out of the legal entity’s activities rather than for the performance of activities associated with the management of the company or the cooperative.
The tasks arising out of the activities of a legal or natural entity are considered to be the tasks directly associated with the provision of production or services and similar activities, carried out by the legal or natural entity in the facilities designed for those activities or in places usual for their performance, in its own name and on its own responsibility.
A holder of a residence permit for the purpose of business
Foreigners who have received in the CR long-term residency for the purpose of business may also apply for an Employment Permit.
The regional office of the Public Employment Service shall issue an Employment Permit with regard for the situation on the labour market.
Who is not included within the scope of the Employment Act
The scope of the Employment Act does not cover the foreigners who
- work under a trade licence;
- pursue activities in the territory of the Czech Republic as part of exchange traineeships for students and young graduates from higher education institutions if the activities are pursued under the following conditions:
- the purpose of the exchange traineeship is education, including lifelong learning,
- the work, if any, is part of that education,
- the admittance of the foreigner to the territory of the Czech Republic is not contingent on his or her work performance, and the conditions of granting such admittance are based on a contract with a foreign sending organisation (usually as a scholarship or a foundation’s contribution) rather than on an employment contract or other individually arranged employment agreement with a legal or natural entity having its registered office in the Czech Republic.
Compliance with the above conditions can be proved by a contract (usually for international educational cooperation) under which the foreigner has been posted to the territory of the Czech Republic.
When the employment permit cannot be issued
The employment permit cannot be issued to a foreigner who
- has applied for international protection in the Czech Republic, for a period of 6 months from the date of providing data for application for international protection, or
- fails to comply with some of the conditions laid down by the Employment Act in respect of issuing an employment permit.
When the employment permit, Employee Card or Blue Card are not required
No employment permit, Employee Card or Blue Card is required from a foreigner
- who has obtained a permanent residence permit for the territory of the Czech Republic,
- who is a family member of a member of a diplomatic mission, consular post, or a family member of an employee of an international governmental organisation with a registered office in the territory of the Czech Republic if reciprocity is granted by an international agreement agreed on behalf of the Government of the Czech Republic,
- who has been granted asylum or subsidiary protection,
- who is
and whose performance of work in the territory of the Czech Republic does not exceed 7 consecutive calendar days or a total of 30 days within a calendar year,
- a performer,
- a member of educational staff,
- an academic of a higher education institution,
- a scientist taking part in a scientific meeting,
- a pupil or student up to the age of 26,
- a sportsman/sportswoman,
- a person who takes care of supplying goods or services in the Czech Republic or supplies such goods, or
- a person who carries out assembly work under a commercial contract or, where appropriate, carries out warranty work and repair work,
- who is employed in the territory of the Czech Republic under an international agreement ratified by Parliament and binding on the Czech Republic,
- who is a member of a rescue team and provides assistance under an interstate agreement on mutual assistance in eliminating the consequences of accidents and natural disasters and in the event of humanitarian aid,
- who is employed in international transport if posted by his or her foreign employer to the territory of the Czech Republic to carry out work there,
- who is media-accredited,
- who is a member of military or civilian armed forces personnel of the sending country under specific law,
- who is systematically preparing for a future occupation in the territory of the Czech Republic,
- who is posted to the territory of the Czech Republic by an employer established in another Member State of the European Union as part of services provided,
- who is resident in the territory of the Czech Republic under a long-term residence permit for the purpose of family reunification in the event of the family living together with the foreigner pursuant to 1) or 3), or with a foreigner who resides in the CR on the basis of a valid long-term residence permit,
- who is resident in the territory of the Czech Republic under a long-term residence permit for a resident of another Member State of the European Union,
- who pursues continuous educational or scientific activities in the Czech Republic as educational staff or an academic of a higher education institution, or a scientist, researcher or developer in a public research institution or other research organisation under a specific legal provision,
- who has obtained secondary or tertiary professional education or tertiary professional education in a conservatoire under the Education Act or obtained higher education under the Higher Education Act 9),
- who resides in the Czech Republic on the basis of a long-term residency permit for the purpose of protection on the territory under the residence act, or
- who is a clergyman of a church registered in the Czech Republic or a religious society registered in the Czech Republic.
In the event of employing a foreigner pursuant to 1) to 5) and pursuant to 10) to 17), the employer or the legal or natural entity to which the foreigner has been posted by his or her employer under a contract for work is obliged to report that fact, in writing, to the relevant regional office of the Public Employment Service within no later than the date on which the foreigner starts work. (specimen information for download).