Employment of Ukrainians in the Czech Republic

Since the outbreak of war in Ukraine, the Czech Republic has become a destination for thousands of refugees, many of whom are looking for work. For employment agencies and employers, this means not only new opportunities, but above all new legal and administrative obligations. It is crucial to know who has free access to the labor market and who needs a work permit. Otherwise, there is a risk of fines and illegal employment.

In the following article, we provide a clear and concise overview of the regimes that apply to Ukrainian citizens depending on their type of residence in the Czech Republic and the obligations that this entails for employment agencies.

Author of the article: ARROWS (JUDr. Barbora Kořenářová, office@arws.cz, +420 245 007 740)

Key principle

The Employment Act (Section 89 et seq. of the ZoZ) stipulates that a foreigner may be employed in the Czech Republic only if they have a valid work permit (and a valid residence permit) or an employee card or blue card, unless the law provides otherwise. Exceptions where a foreigner does not need a work permit (has so-called free access to the labor market) are defined in Section 98 of the ZoZ.

Who has free access to the labor market?

The Employment Act stipulates that a foreigner may only be employed with a valid work permit, unless they fall under the exceptions listed in Section 98 of the Act. These exceptions have so-called free access to the labor market, which makes them equal to Czech citizens. These include, in particular:

• Holders of temporary protection (extended until March 31, 2026): According to Section 2(2) of Act No. 66/2022 Coll. (Lex Ukraine), foreigners with valid temporary protection granted in the Czech Republic are considered foreigners with permanent residence for the purposes of the Employment Act. They therefore have free access to the labor market. Temporary protection can be identified by the visa sticker in the passport with the code D/DO/667 (UA citizen), D/DO/668 (family member) or D/DO/669 (other reason), or by an older sticker D/VS/U (special visa of tolerance issued after February 24, 2022), which is automatically considered temporary protection since the effective date of Lex Ukraine (March 21, 2022). The validity of temporary protection has been repeatedly extended, currently until March 31, 2026.
• Permanent residence holders: Foreigners who have been granted permanent residence in the Czech Republic (Section 87 of the Foreigners Residence Act - ZoPC) have free access to the labor market.
• EU/EEA/Swiss citizens and their family members: These citizens have free access to the labor market. A Ukrainian citizen may fall into this category if, for example, they are a family member of a citizen of the Czech Republic or another EU country and have the appropriate residence permit (e.g., temporary residence permit for a family member of an EU citizen).
• Other groups according to Section 98 of the ZoZ: The law also lists other cases where a foreigner does not need a work permit, e.g., foreigners who have been granted asylum, students and graduates of Czech secondary schools and universities under certain conditions, holders of long-term residence permits for the purpose of family reunification, etc.

Cases requiring a work permit

Not all Ukrainians have free access to the labor market in the Czech Republic. If a worker does not fall into the above categories, they need a specific work permit:

• Visa for tolerated stay (outside temporary protection): Ukrainians who are not entitled to temporary protection (e.g. because they were already legally residing in the Czech Republic before February 24, 2022 on the basis of another residence permit, or do not meet other conditions) may obtain a visa for tolerated stay pursuant to Section 33 of the ZoPC. Holders of this type of visa (which is not temporary protection) do not have free access to the labor market and need a work permit issued by the relevant regional branch of the Czech Employment Agency (Section 89, Sections 95-97 of the ZoZ) in order to legally work.
• Employee card: This is a dual permit for long-term residence and employment (Section 42g of the ZoPC, Section 95 of the ZoZ), intended for positions that do not require high qualifications. It is issued by the Ministry of the Interior (MV ČR) on the basis of an application by a foreigner and a job vacancy that has been reported in advance by an employment agency to the ÚP ČR and which is suitable for an employee card. The card is linked to a specific agency and job position. It is valid for a maximum of 2 years (can be extended). It requires the conclusion of an employment contract or a contract for work with a weekly working time of at least 15 hours and a wage at least equal to the minimum wage. Any change of employer or job position is subject to approval by the MV ČR.
• Blue card: Similar to an employment card, but intended for highly qualified employees (§ 42i ZoPC, § 95 ZoZ). The conditions are a university degree or higher vocational education lasting at least 3 years and an employment contract guaranteeing a gross salary of at least 1.5 times the average gross annual salary in the Czech Republic. It is issued by the Ministry of the Interior of the Czech Republic on the basis of a vacancy reported to the Labor Office as suitable for blue cards. It is valid for up to 3 years (can be extended). A change of employer or position in the first 2 years requires the consent of the Ministry of the Interior of the Czech Republic, later only notification is sufficient.
• Work permit: Independent work permit - not linked to a residence permit, which must be obtained separately by the foreigner - issued by the regional branch of the Labor Office of the Czech Republic (§ 89, § 95-97 ZoZ). It is required in specific cases where an employee card or blue card cannot be issued, typically for holders of a visa for tolerated stay, for seasonal work, internships, etc. It is issued for a specific job at a specific agency for a maximum of 2 years (can be extended repeatedly). Its issuance is usually subject to an assessment of the labor market situation (the so-called labor market test), unless it is a legally defined exception.

It is absolutely crucial for employment agencies to correctly identify the type of residence permit held by each Ukrainian worker. Confusing temporary protection (free access) with a visa for tolerated stay (requires a work permit) could lead to illegal employment with serious consequences for the agency. The reason for this is the specific regime introduced by the Lex Ukraine law, which applies only to temporary protection holders and differs significantly from the standard rules for the employment of third-country nationals under the ZoZ and ZoPC, which apply to other Ukrainians. The agency must therefore have a reliable process in place for checking and recording residence documents during recruitment and throughout the duration of the employment relationship. It must be able to distinguish between different types of visa stickers and residence cards and know their exact implications for access to the labor market. It is also necessary to keep copies of these documents for the period specified by law (Section 102(3) of the ZoZ).

Specific obligations of the agency when employing and assigning Ukrainians

In addition to its general obligations, when employing Ukrainians (depending on their residence status), the agency must also fulfill specific tasks towards state authorities, in particular the Czech Labor Office.

Reporting job vacancies to the Labor Office

This obligation only applies in cases where the agency intends to employ a foreigner who needs an employee card or a blue card for the position in question. The agency must report such a vacancy (VPM) to the relevant regional branch of the Czech Labor Office according to the place of work. In the report, it must specify that the position is suitable for an employee card or blue card. The Labor Office will assign a unique identification number (ID VPM) to the vacancy, which is then required for the foreigner's application for a card. For the employment of foreigners with free access to the labor market (including temporary protection holders), this specific VPM reporting procedure for foreigners is not required.

Information obligation towards the Labor Office (§ 87, § 88 ZoZ)

This obligation applies to all employed foreigners, regardless of whether they have free access to the labor market or require a work permit. It therefore also applies to EU citizens, permanent residents, and temporary protection holders!!! The agency must inform the relevant regional branch of the ÚP ČR (according to the place of work of the foreigner) in writing of the following facts:

• Start of employment: No later than on the day the foreigner starts work at the agency or with the user.
• Termination of employment: Within 10 calendar days of the date of termination of employment.
• Changes in data: Within 10 calendar days of the date on which the change in the previously reported data occurred (e.g., change in job classification, place of work, change in the foreigner's identification data, address, etc.).

Form of notification: From July 1, 2024, the information obligation towards the ÚP ČR can be fulfilled exclusively digitally. Agencies can choose from three channels:

1. Filling in an electronic form on the Integrated Portal of the Ministry of Labor and Social Affairs.
2. Sending a data file in XML format to the data box of the Czech Labor Office.
3. Direct integration of the agency's information system with the Ministry of Labor and Social Affairs interface (API). Paper forms (by post or email) are no longer accepted. A single form is used to report both the start and end of employment. If the agency states the expected end date when reporting the start of employment (e.g., for a fixed-term contract) and this date is adhered to, it does not need to report the end of employment separately.

Who else can help you with employment law?

Keeping records of employed foreigners (Section 102(2) of the ZoZ)

The employment agency is required to keep records of all foreigners whom it employs in an employment relationship or whom it temporarily assigns to a user, again regardless of their residence status (including EU citizens and temporary protection holders). These records must contain at least the following information:

• Identification details of the foreigner (first name, surname, date and place of birth, nationality).
• Address in the country of permanent residence and address for delivery in the Czech Republic.
• Travel document number and name of the issuing authority.
• Type of work, place or places of work.
• Period for which the employment is to be performed (duration of the employment relationship, period of assignment).
• Gender of the foreigner.
• Classification according to the Classification of Occupations (CZ-ISCO).
• Highest level of education attained and education required for the performance of the work.
• Period of validity of the work permit, employee card, blue card or residence permit (if required).
• Date of commencement and date of termination of employment or temporary assignment.

Retention of documentation (Section 102(3) of the ZoZ)

The agency is obliged to keep copies of documents proving the foreigner's right to stay in the Czech Republic (e.g., copies of visa stickers, residence permits, employee cards/blue cards). If the foreigner needs a work permit, the agency must also keep copies of these documents (e.g., work permits). The agency must keep these copies at its registered office or place of work for the duration of the employment and for a further period of 3 years after the end of the foreigner's employment.

Compliance with Government Regulation No. 64/2009 Coll.

The employment agency may not temporarily assign foreigners (regardless of their residence status, unless there is a specific exception) to perform the work specified in this government regulation. This includes, in particular, underground work in mineral extraction and certain other work requiring a lower level of education than secondary education with a school-leaving examination (with exceptions defined in the annex to the regulation).

Other obligations

• Social security and health insurance: The agency must duly register foreign employees for social security and public health insurance contributions and pay these contributions on their behalf in accordance with the applicable regulations. Specific rules apply to persons with temporary protection regarding participation in sickness insurance, even when working under agreements (DPP, DPČ).
• Posting abroad: If the user intends to post an agency employee to perform work within the framework of the transnational provision of services in the territory of another EU Member State, they are obliged to inform the employment agency in advance (Section 309a of the Labor Code). The agency then has reporting obligations to the authorities of the given state and, where applicable, to the State Labor Inspection Office (SÚIP) in the Czech Republic.

Table of obligations according to type of residence permit

The following table summarizes the key obligations of employment agencies in relation to the employment of Ukrainian citizens depending on their most common types of residence permits in the Czech Republic.

Obligation of the employment agency	Temporary protection (Lex UA)	Tolerated stay visa (outside TP, permit required)	Employee card	Blue card	Permanent residence	Family member of an EU/CZ citizen (with residence permit)
Access to the labour market	Free	Permit required	Permit required	Permit required	Free	Free
Need for Employment Permit (Labour Office)	No	Yes	No	No	No	No
Need for Employee/Blue Card (Ministry of Interior)	No	No	Yes	Yes	No	No
Obligation to report job vacancy to Labour Office (for foreigners)	No	Yes (for Employment Permit)	Yes	Yes	No	No
Information duty to Labour Office (start/change/end of employment) § 87, 88 Employment Act	Yes	Yes	Yes	Yes	Yes	Yes
Form of reporting to Labour Office (from 1.7.2024)	Digitally only	Digitally only	Digitally only	Digitally only	Digitally only	Digitally only
Keeping records of foreigners (§ 102 Employment Act)	Yes	Yes	Yes	Yes	Yes	Yes
Retention of document copies (§ 102 Employment Act)	Yes	Yes	Yes	Yes	Yes	Yes
Ensuring equal working conditions (§ 309 Labour Code)	Yes	Yes	Yes	Yes	Yes	Yes
Compliance with Government Regulation No. 64/2009 Coll.	Yes	Yes	Yes	Yes	Yes	Yes

 

Do you need to understand the legal obligations when employing foreigners? Are you dealing with complicated situations involving visas or inspections by the Labor Office? At ARROWS Law Firm, we specialize in labor law and the employment of foreign nationals, including temporary protection holders. We help employment agencies set up a flawless process, avoid fines, and ensure that everything is in compliance with the law. Write to us—we are ready to help you.

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