Employment opportunities for refugees from Ukraine in 2022
Given the current events in Europe, it can be assumed that more than ever the Czech Republic may face a surge of people seeking so-called international protection on our territory.
Author of the article: ARROWS law firm (Mgr. Jakub Oliva, LL.M., MSc., office@arws.cz, +420 245 007 740)
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 at +420 245 007 740. We will be happy to advise you.
UPDATED AS OF 28 FEBRUARY 2022
In response to the current situation in the Czech Republic, the practice of the public authorities is to issue special long-term visas to Ukrainian nationals in order to tolerate their stay in the territory. The relevant form can be downloaded here and must be submitted in person at one of the Ministry of the Interior's offices.
If you are granted a special long-stay visa, you will automatically be included in the public health insurance.
The above-mentioned residence permits are then a necessary basis for the issuance of an employment permit (similar to the one below for those awaiting international protection, see Section 97(d) of the Employment Act), which is issued by the regional branches of the Labour Office of the Czech Republic according to the place where the work is to be performed. The permit can be applied for for up to two years with the possibility of extension for another two years, even repeatedly.
Before applying for a work permit, it is necessary to already have or find a job and conclude a work contract with the employer. The contract is one of the annexes to the application for a work permit. The next step is the application itself, when the foreigner himself or herself or through the employer applies in writing to the regional branch of the Labour Office responsible for the place of work for the issue of a work permit.
The issue of international protection is regulated in the Czech Republic by the Asylum Act[1].
This legislation allows a foreigner to apply for asylum or so-called subsidiary protection. In relation to the current situation in Ukraine, the latter option (subsidiary protection under Section 14a of the Asylum Act) can be considered, as it can be assumed that foreigners from Ukraine may have a reasonable fear of serious harm that would threaten them upon return to their home country (serious threat to the life of a civilian due to an international armed conflict).
However, the duration of international protection proceedings can be up to 18 months[2].
If a foreigner duly applies for subsidiary protection, he or she must wait 6 months before he or she can be employed in the Czech Republic[3]. Such a foreigner needs an employment permit issued by the regional branches of the Labour Office of the Czech Republic (Article 89(2) of the Employment Act).
However, if the foreigner applies for international protection, he/she cannot be legally employed during the first 6 months. If such a foreigner is still employed, this would be an offence under Section 140(1)(c) of the Employment Act (facilitating illegal work), in which case a fine of up to CZK 10,000,000 is imposed.
However, while the foreigner is waiting for international protection, it is possible to take preparatory steps for his/her future employment.
In all cases, it will be necessary to report to the relevant regional branch of the Labour Office of the Czech Republic (competent according to the place where the foreigner is to work) the vacancy (Section 86 of the Employment Act) and its basic characteristics[4].
However, if international protection is granted (the foreigner's application is granted and he/she is granted subsidiary protection), the Employment Act provides for one major exception. According to Section 98(c) of the Employment Act, a foreigner who has been granted asylum or subsidiary protection does not need an employment permit to work in the Czech Republic. A foreigner who has been granted subsidiary protection may therefore immediately start working.
The same (the possibility of immediate entry into employment) also applies to foreigners who have already been granted permanent residence in the Czech Republic in the past, as this is also an exception under Section 98(a) of the Employment Act.
Let us not forget, however, that in all of the aforementioned cases, the employer of the foreigner has reporting[5] and registration[6] obligations which he or she must fulfil under penalty of heavy fines.
If the reader would like to know how to actually know that the applicant is an applicant for international protection, he/she can refer to the information material prepared by the Ministry of the Interior (link here).
A person who is an applicant for international protection is proved by this card:
On the other hand, a foreigner who has been granted subsidiary protection (he/she is not a "waiting person") already has a biometric card in this form:
All employers (not only of foreigners) have, of course, furthermore, according to the legislation in force, the standard obligations to the Social Security Agency, the health insurance company, the tax administration and, not to forget, the standard obligations to the employee under the Labour Code.
[1] Act No. 325/1999 Coll., on Asylum, as amended.
[2] According to Section 27 of the Asylum Act, the time limit for issuing a decision, which is 6 months, may be extended by up to 12 months (paragraphs 2 and 3 of the above-mentioned provision).
[3] Section 97(e) of Act No 435/2004 Coll., on Employment, as amended.
[4] Basic characteristics means the type of work, the place of work, the prerequisites and requirements laid down for holding the job, basic information on working and wage conditions. The vacancy shall also include information on whether the employment is fixed-term or open-ended and its expected duration. The employer may also provide information on accommodation or commuting options, etc., if he wishes to make this information public.
[5] According to Section 87(1) of the Employment Act, if a foreigner starts employment, the employer must notify the Employment Office of the Czech Republic no later than on the day of commencement of employment (forms available here).
[6] According to Section 102(2) of the Employment Act, every employer shall keep a register of foreigners he employs. This register shall include all the facts referred to in Section 91(1)(a), (b), (c) and (e), as well as the sex of these natural persons, their classification according to the sectoral (branch) classification of economic activities, the highest level of education attained, the education required for the exercise of the profession, the period for which they were issued a work permit and for which they were granted a residence permit, the date of commencement and the date of termination of employment.