What is "employee card"?
What is the validity of the employee card? Who is covered by the employee card? What types of jobs can be performed with an employee card? Is it possible to change employers? What is the difference between dual and non-dual employee cards?
We will answer the above questions in the following article.
An employee card is a specific type of long-term residence permit for foreigners* who intend to work in the Czech Republic for more than three months. This document allows them not only to stay in the Czech Republic, but also to work in the specific job for which the card was issued.
For the purposes of this Article, an foreigner* means an alien from a third country. That is, a country that is not a member of the EU/EEA or Switzerland. A foreigner will also be understood as someone who holds a residence permit as a family member of an EU/EEA or Swiss citizen.
Validity of the employee card
This card is usually valid for the duration of the employment relationship. That is, for the duration of the employment contract. If the employment contract is for an indefinite period, the employee card will be issued for a period of 2 years. The maximum validity of the employee card is limited to 2 years. However, it is possible to renew the employee card repeatedly, for up to 2 years at a time.
However, the holder must always have an employment relationship in the Czech Republic.
Employee card processing time
Processing times vary considerably, particularly with regard to the following aspects:
the country of origin of the foreigner
the job position to be performed by the foreigner in the Czech Republic
a precisely prepared application for an employment card, including attachments
whether the foreigner holds a long-term residence permit in the Czech Republic
Country of origin of the foreigner
The country of origin of the foreigner significantly influences the length of processing of the employment card. In the Czech Republic, there is a so-called quota system, i.e. a set maximum number of applications for employment cards at individual embassies of the Czech Republic in a certain period of time. Simply put, if the quotas are sufficient, the processing time for an employee card is normally 4-6 months. However, if the quotas are very low, it may take a foreigner only a short period of time to apply for an employment card, and the process is therefore extended by this effort.
For selected countries, economic migration projects are guaranteed, the most common being the "skilled worker programme" or the "highly skilled worker programme". Their aim is to simplify the process of obtaining an employee card. The difference between these programmes is the specialisation of the job positions. The most popular is the first one, the skilled worker programme, which applies to employees from the following countries:
Mongolia
Philippines
Serbia
Montenegro
Moldova
India
Belarus (suspended due to war)
Kazakhstan
Northern Macedonia
Georgia
Armenia
In order for a foreigner to obtain an employment card through the programme, his or her prospective employer must meet certain conditions. These will be discussed in a separate article.
Taking into account all the steps in the process, i.e. preparation, arranging a date or inclusion in the program, approval of the application by the embassy, arrival of the foreigner and completion of the remaining steps in the Czech Republic, we are looking at 4-6 months.
The job position to be performed by the foreigner in the Czech Republic
Some positions may be without additional requirements, some require proof of professional competence or education. If there are no higher requirements for the position (construction fitter, assembly worker, etc.), the processing of the employment card will be less time-consuming.
For positions such as a painter, confirmation of professional competence by the relevant ministry is required. If a particular position is discerned as to the requirements early on, the process may not be prolonged.
In the case of highly skilled or regulated positions, the relevant educational qualifications must also be provided and nostrified for recognition by the Czech authorities. Nostrification of education takes around three months.
Accurately processed application for an employee card including attachments
Of course, the process is delayed if the documentation is not thoroughly prepared. For example, if the foreigner is provided with accommodation in an ineligible facility or does not meet the requirements for a particular position, the foreigner will be asked to correct the defects in the application.
Preparation is important
All possible aspects must be taken into account before the processing of the employment card begins. In addition to setting up the correct position, wage, work location, and accommodation, it is necessary to check whether the alien has been convicted of a crime in the past or is properly deportable. All of these variables can negatively affect the success of an employment authorization card.
Who is affected by the employee card?
The Worker Card is for third-country nationals.
Citizens of the EU/EEA Member States and Switzerland (or their family members holding a family member's residence card) have free access to the labour market and therefore do not need a specific "permit" to work in the Czech Republic.
Types of employment for the Employment Card
In terms of professional competence, the employment card is not limited to specific types of employment. Vacancies for which an application for the card can be made must be included in the central register of vacancies to be filled by holders of the staff card. These jobs are published on the website of the Ministry of Labour and Social Affairs.
The employment card is linked to the specific job for which it was issued or to a job which the foreigner has changed and has fulfilled the conditions laid down.
A foreigner may hold the card for several jobs at the same time if his/her work activities correspond to this. The purpose of the employment card, i.e. the performance of work in the territory of the Czech Republic, must be fulfilled.
Is a foreigner entitled to change jobs or employer?
The employee card is a somewhat flexible document. A foreigner can change his/her job position with a particular employer, as well as the employer itself or the place of work.
However, there are conditions that must be met for these changes.
For example, a foreigner as a "first-time" holder of an employment card is not entitled to change employer at will in the first 6 months. In other words, if he or she is given notice (or other form of termination of the employment relationship) by the employer, this employee card holder can change employers even in the first 6 months. However, the foreigner cannot terminate the employment relationship on his/her own and change employment at will during these first 6 months.
The purpose is to protect employers who usually process or have processed the employment card for the foreigner, which costs them both time and money.
All changes must be notified in advance to the Ministry of the Interior, Department of Asylum and Migration Policy ("MoI") at least 30 days in advance. After notification of any of the above changes, the foreigner must wait for the issuance of the so-called "notice of fulfilment of conditions for change of employer/position/place of work" by the MOI (hereinafter referred to as the "notice").
What are the most common positions filled by employee card holders?
An employee card holder can work in almost any job, regardless of qualifications. However, for highly skilled positions, the specific requirements of the position must be met. Although there is also a demand for highly qualified positions on the Czech market, in many cases it is not easy for foreigners to prove or meet the requirements for professionalism, education and language. That is why there are positions in management for which the requirements are not or only minimal:
assembly worker
construction fitter
hand packer, labeller
machine and plant operator
welder
bricklayer
concrete worker
cook
waiter/waitress
masseur/masseuse
and others.
What is the difference between a "dual" and a "non-dual" employee card?
Dual employee card
A dual employment card means that it entitles a third-country national to both (a) stay and (b) work. The foreigner does not have to apply for another employment permit, e.g. at the Employment Office of the Czech Republic.
Non-dual employment card
The non-dual employment card, on the other hand, serves only as a residence permit for the foreigner. In this case, it concerns those foreigners who a) have free access to the labour market or b) are still subject to the obligation to have an employment permit from the Labour Office of the Czech Republic to perform dependent work in the territory of the Czech Republic. The non-dual employment card will be the subject of a separate article.
Conlusion
The employee card is a key document for foreigners from third countries who plan to work in the Czech Republic. It is to some extent a flexible document that allows holders to change their employer, job position or place of work, subject to predefined conditions.
As it is impossible to exhaust all aspects of the employee card, we will be adding articles to our website on individual topics related to the employee card and other topics related to economic migration.
autor: Mgr. Chiara Havlíčková, lawyer