Arrival in the Czech Republic and working conditions

What is considered to be an illegal work in the Czech Republic?

1. Illegal work in the Czech Republic means dependent work performed by people outside the employment relationship, i.e. without an employment contract, an agreement to complete a job (hereinafter referred to as “ACJ/DPP”, an agreement to perform work (hereinafter referred to as “APW/DPČ”). Furthermore, the following work is considered illegal: work performed by a foreigner* in violation of or without an issued work permit, in conflict with an employee card, an internally transferred employee card or a blue card. It is also illegal work if the foreigner works and does not have a valid residence permit in the Czech Republic.
   *For the purposes of employing employees from abroad, a citizen of the European Union and his/her family member and a family member of a citizen of the Czech Republic are not considered foreigners under the Employment Act.

2. The so-called Schwarz system is also considered as an illegal work. It is a matter of obscuring/covering an actual employment relationship by another contract (most often it is a contract of commercial representation, a mandate contract, a contract on mediation or a contract for the work done). The person then performs ordinary activities for the entrepreneur in the same way as his employees, acts vis-à-vis the entrepreneur in a subordinate position, but formally acts as an independent entrepreneur. Dependent work can be performed exclusively in a basic employment relationship.

3. For the purposes of employment of EU citizens, the most common situation in which illegal work may be performed is the performance of dependent work outside the employment relationship. It may also occur that an EU citizen is expelled - banned from staying in the territory of the Czech Republic - on the basis of a decision in administrative or criminal proceedings (for EU citizens, this may occur only if he or she threatens the security of the state, seriously disturbs public order or endangers public health). In such a case, the performance of dependent work during the period of validity of the expulsion would again be the performance of illegal work due to unauthorised stay in the territory of the Czech Republic.

For the purposes of employing family members of EU citizens, both of the above situations considered as illegal work are taken into account - i.e. performing dependent work outside the employment relationship or without a valid residence permit.

What are the main advantages of working in accordance with the law?

1. If you are a legal employee and you meet certain conditions, you can take advantage of the associated benefits according to the type of your contract (employment contract, APW/DPČ, ACJ/DPP). These are, for example, fixed working hours and rest periods, fixed maximum shift periods and entitlement to a meal break, fixed minimum wages, entitlement to leave/vacations, health insurance and entitlement to free health care or compensation for accidents at work and occupational diseases, social security and entitlement to state social support benefits, protection by notice period and severance pay, etc. Some of these benefits may also apply to employees performing illegal work, but are more difficult for employees to enforce.

2. The existence of legal income also has a fundamental effect on the possibility of obtaining a permanent residence permit and subsequently also the citizenship of the Czech Republic. When deciding on the granting of Czech citizenship, it will be taken into account whether you are integrated into society, even in terms of working life. More information on granting citizenship and meeting the conditions can be found HERE.

How can an EU citizen legally enter the Czech Republic?

EU citizens do not need any special permits to enter the Czech Republic; entry is guaranteed by the so-called right of free movement of persons within the EU. If an EU citizen decides to formalise his/her stay in the Czech Republic, he/she can apply to the Ministry of the Interior for a registration certificate, which is issued to an EU citizen who intends to stay in the Czech Republic for more than 3 months.

How can a family member of an EU citizen legally enter the Czech Republic?

The law distinguishes between so-called close and distant family members of an EU citizen.

1. In the case of close family members (especially husband, wife), it is necessary to apply for at least a (any) visa for a stay of up to 90 days (short-term visa), on the basis of which the foreigner arrives in the Czech Republic and subsequently applies for a temporary residence permit at the Ministry of the Interior. This short-stay visa is also equivalent to a stay under the so-called visa-free regime. If the foreigner is already lawfully present in the Czech Republic, he or she may apply for a temporary residence permit at any time during the validity period of his or her residence permit at the Ministry of the Interior.

2. In the case of distant family members (especially documented permanent relationship with the EU citizen), it is necessary to apply through the Embassy of the Czech Republic for a special type of short-term visa for family members of the EU citizen, on the basis of which the foreigner arrives in the Czech Republic and applies for a temporary residence permit at the Ministry of the Interior. If the foreigner is already lawfully present in the Czech Republic on the basis of a visa for a stay exceeding 90 days (so-called long-term visa) or a long-term residence permit (including the employee card, blue card and intra-corporate transfer card), he/she may apply for a temporary residence permit at the Ministry of the Interior at any time during the validity of his/her residence permit.

In addition, a family member of an EU citizen can legally enter the Czech Republic and legally reside here for 3 months if they hold a valid residence permit issued by another Member State.

What do I have to do first after arriving in the Czech Republic?

1. The EU citizen is obliged to report his/her place of residence to the locally competent department of the Aliens Police within 30 days from the date of entry into the territory of the Czech Republic if his/her expected stay will be longer than 30 days. This obligation also applies to a family member of an EU citizen if the EU citizen is staying in the territory of the Czech Republic.

2. However, if the family member of an EU citizen has arrived in the Czech Republic on the basis of a short-term visa, he/she is obliged to report to the Foreigners' Police Department within 3 working days to report his/her place of stay in the territory.

What documents do I have to have in order to be able to work legally in the Czech Republic? And if I get the relevant documents, what work can I do?

EU citizens can carry out dependent work in the Czech Republic without restrictions, i.e. under the same conditions as Czech citizens.

1. Family members of EU citizens have the same status as Czech citizens in the field of employment, but they still need a valid residence permit.

2. In order to be legally employed in the Czech Republic, a family member of an EU citizen needs a temporary residence permit, or it is sufficient if he/she has applied to the Ministry of the Interior for a temporary residence permit and is entitled to reside in the Czech Republic. The foreigner's entitlement to stay in the territory until the decision on the application for a temporary residence permit is taken is indicated by a visa tag in the form of a visa for stay over 90 days in the foreigner's travel document.
   
   The confirmation of the application for a temporary residence permit alone is not a document certifying the alien's right to stay in the Czech Republic! Therefore, it is always necessary to check whether the foreigner can work.
   
   For more information on employment of family members of EU citizens, visit the Ministry of Labour and Social Affairs website HERE. However, please note that you must have a residence permit in the Czech Republic even if you are a family member of an EU national.

3. It is illegal to work in a situation where a family member of an EU citizen is staying in the Czech Republic illegally.

4. The conditions of work (type, location, etc.) are specified in the employment contract, the agreement to perform work ort he agreement to perform an aktivity.

What are an employment contract, an agreement to complete a job (ACJ/DPP) and an agreement to perform work (APW/DPC)? What must these types of contracts contain?

1. Simply put, these are basically written contracts, on the basis of which you can perform work in the Czech Republic.

2. The employment contract must contain: the type of work that the employee is to perform for the employer, the place or places of work and the date of commencement of work. The employment contract must be concluded in written form. The main advantage of an employment contract is greater protection of the employee (i.e. you) when terminating the employment relationship (protection through notice, severance pay, fixed salary, etc.).

3. The ACJ/DPP is an agreement with a specified scope of work, which must not exceed 300 hours in a calendar year. The ACJ/DPP must be agreed in written form. The agreement must define the work task, the agreed remuneration for its execution, the scope of work and the time in which the work task is to be performed. At the same time, the period for which the work agreement is concluded must be indicated.

4. The APW/DPČ is an agreement in which it is possible to perform work in the range of up to 20 hours per week, but unlike ACJ/DPP, there is no set annual limit of 300 hours for one calendar year. The contract must be concluded in written form and must state the agreed work, the agreed scope of working hours, the amount of remuneration and the period for which the agreement is concluded.

Who can I contact in case I need help with handling documents for work in the Czech Republic? Am I entitled to an interpreter?

Assistance in communication with authorities and other institutions, including interpretation into a foreign language, which is free of charge for foreigners, can be found HERE.

I am a family member of an EU national who entered the Czech Republic legally but started working or I am working at a time when I no longer have a valid residence permit. Am I an illegal worker? What do I need to do to make my work legal in this case?

Yes, if you work in the Czech Republic as a family member of an EU citizen without a valid residence permit, you are working illegally. If you want to remedy your situation, you will need to obtain a valid residence permit. Contact a foreigners' support organisation for help (a list can be found HERE).

I live legally in the Czech Republic, but I cannot find a job legally, am I entitled to unemployment benefits in this case?

1. Persons entitled to unemployment benefit are those who, on the basis of their application, have been included in the register of jobseekers kept by the Labour Office after fulfilling the statutory conditions. A jobseeker may be an EU citizen or a member of his/her family residing in the Czech Republic. Place of residence means the reported address of permanent or temporary residence in the territory or the place where such a person usually resides in the territory of the Czech Republic.

2. Like a citizen of the Czech Republic, you are entitled to unemployment benefit if you are a resident of the Czech Republic, you have been employed or engaged in other gainful activity that was "insured for retirement" for at least 12 months in the last two years before you applied for unemployment benefit, you have applied for unemployment benefit to the Labour Office, where you are listed as a jobseeker, and you are not in receipt of an old-age pension.