Employment of refugees from Ukraine

On Monday, 21 March 2022, the long-awaited moment arrived when a trio of laws, for which the common name "Lex Ukraine" has been adopted, was promulgated in the Collection of Laws. These are Laws No. 65, 66 and 67/2022, the most significant of which is Law No. 66, which regulates the conditions of employment of refugees.

This article was written in 2022. If you are looking for up-to-date information on this topic, please do not hesitate to contact us at office@arws.cz or by phone on +420 245 007 740. We will be happy to advise you.

Author of the article: ARROWS (Mgr. Jakub Oliva, LL.M., MSc., office@arws.cz, +420 245 007 740)

So what applies from 21 March 2022? See below for a brief overview prepared by our employment law specialist Mgr. Jakub Oliva, LL.M.

1. Any foreigner who presents a visa of tolerance or a certificate of temporary protection has completely free access to the labour market (just like Czech citizens).
2. Any such foreigner can then be employed in any position and does not need any special permission from the Labour Office of the Czech Republic.
3. For these foreigners, it is possible to use both employment contracts and temporary employment contracts. However, it is recommended that these contracts/agreements always have at least a machine translation into Ukrainian or another language that the foreigner can demonstrably understand.
4. The initial medical examination may be carried out without the relevant medical documentation, as the law also provides for such situations (Article 7(2)(d) of Decree No. 373/2011 Coll.). However, the assessing physician must carry out a more demanding (in terms of time and money) version of the examination, which, in addition to the basic examination, also includes other specialist examinations. It should be remembered that the foreigner must always undergo the initial examination at the latest on the day before starting work (Article 32 of the Labour Code); therefore, if the foreigner starts work on Wednesday 23 March 2022, the examination must be carried out at the latest on Tuesday 22 March 2022.
5. Documents relating to OHS and OSH must be written in such a way that the foreigner actually understands the risks of the workplace in particular. It can only be recommended that these safety instructions are at least machine translated.
6. On the day of commencement of work at the latest, it is necessary to report to the Labour Office of the Czech Republic (regional branch according to the place of work) that the foreigner has actually commenced work (form HERE). The relevant form should state that the foreigner is a foreigner pursuant to Section 98(a) of the Employment Act.
7. In addition, it is also necessary to report if there is an early termination of employment (e.g. the employment relationship was agreed until 21 March 2023, but the foreigner cancels the employment relationship during the probationary period), form HERE.
8. Every employer who employs a foreigner (even if only one) must keep the relevant records in accordance with Section 102 of the Employment Act. These records may also be kept in electronic form and must be submitted upon request of the inspection authorities.
9. If foreigners are to work on the basis of a temporary employment contract and are not reported to the CSSA, it is necessary to keep copies of these agreements at every workplace where foreigners work.
10. Of course, then it also applies that the foreigner is entitled to the same wages and benefits as other employees who are native to the Czech Republic. A possible exception is benefits that are linked to a certain duration of the employment relationship (loyalty programmes).