State Labor Inspectorate:

An inspection from the State Labor Inspectorate (SÚIP) is one of the most significant legal and financial risks a Czech company can face. This article is a comprehensive guide for employers, C-level executives, and in-house counsel. We will detail the SÚIP's primary targets, including illegal employment and OSH (BOZP), explain the multi-million crown fines, and provide a clear, step-by-step plan for how to respond. You will find concrete answers on how to protect your business.

Need advice on this topic? Contact the ARROWS law firm by email office@arws.cz or phone +420 245 007 740. Your question will be answered by "JUDr. Jakub Dohnal, Ph.D., LL.M.", an expert on the subject.

The 10,000,000 CZK Risk: What SÚIP Checks First

SÚIP inspections are rarely random; they are focused and data-driven. While Occupational Safety and Health (OSH) is a frequent check, the data on sanctions reveals a clear hierarchy. The most severe financial penalties are reserved for employment violations. To protect your company, you must understand this hierarchy of risk, starting with the single greatest threat.

Focus Area #1: Illegal Employment (nelegální zaměstnávání)

This is SÚIP’s top priority and carries the highest potential sanction: a fine of up to CZK 10,000,000, with a mandated minimum fine of CZK 50,000. An inspector will look for three main forms of illegal employment:

1. Work Without a Contract: An individual performing work without a formal employment contract, an Agreement to Complete a Job (DPP), or an Agreement to Perform Work (DPČ).
2. Bogus Self-Employment (Švarcsystém): Disguising dependent work (an employee relationship) as an independent contractor (IČO) relationship.
3. Foreign Nationals Without Permits: Employing foreigners, particularly third-country nationals, without the correct Employee Card, Blue Card, or valid work and residence permits.

The attorneys at ARROWS specialize in drafting and reviewing all forms of employment documentation to ensure you are protected from these risks. For an immediate review of your contracts, contact us at office@arws.cz.

The "Švarcsystém" Trap: A Persistent Czech Problem

The švarcsystém violation is complex. It is not enough for a worker to have an IČO (business license) and send an invoice. SÚIP will analyze the substance of the relationship. They look for signs of "dependent work," such as the contractor working exclusively for you, using your tools and office, working on your fixed schedule, or being integrated into your management structure.

Inspectors are well aware that this arrangement is often initiated by the worker to optimize their taxes. This provides no defense for the employer, who still bears the full CZK 10,000,000 risk.

This is a complex legal balancing act. ARROWS provides expert legal opinions (právní stanoviska) that analyze your contractor relationships and provide a defensible position against reclassification. To protect your contractor model, connect with us at office@arws.cz.

The On-Site Documentation Nightmare

Inspectors have the right to demand on-site copies of employment documents during their visit. Failure to have copies of all employment contracts or foreigner permits at the physical place of work is a separate offense. This administrative failure alone can lead to a fine of up to CZK 500,000.

This creates a serious trap for unwary businesses. Your company can be 100% compliant in substance—with every worker legally employed—but still face a half-million crown fine for a simple administrative filing error.

This risk is easily preventable. ARROWS drafts clear and effective internal policies (interní směrnice) and provides management training to ensure your on-site managers know exactly what documentation they must have available. Let us prepare your protective documentation; write to office@arws.cz.

High-Priority Employment Risks

Risks and Sanctions	How ARROWS Helps
Fine up to CZK 10,000,000 (min. CZK 50,000) for enabling illegal work (nelegální zaměstnávání).	Comprehensive Legal Audit: We review all contracts (HPP, DPP, DPČ) and contractor agreements to ensure full compliance. Need your contracts audited? Write to office@arws.cz.
Reclassification of "švarcsystém" contractors, leading to severe back-taxes and social/health insurance penalties.	Právní stanoviska (Legal Opinions): We analyze your contractor relationships and provide opinions to defend their independent status. Get your legal analysis at office@arws.cz.
Fine up to CZK 500,000 for failing to have copies of employment documents available at the workplace.	Internal Policy Drafting: We create the internal guidelines to ensure your managers and HR have the required documents on-site. Contact us for policy preparation at office@arws.cz.
Fine up to CZK 100,000 for the worker, which damages employer reputation and workforce stability.	Employee & Management Training: We provide certified training to your team on their legal obligations to prevent non-compliance. Schedule your legal training via office@arws.cz.

The Other "Big Two": OSH and Labor Relations

After addressing the primary 10M CZK risk, inspectors will focus on the other two pillars of their mandate: OSH and general labor relations. These are the most common day-to-day inspection areas.

Focus Area #2: Occupational Safety and Health (OSH / BOZP)

This is one of the most common grounds for an inspection. Inspectors are not just looking for a safety poster; they will demand a complete paper trail demonstrating your compliance.

This includes:

• A documented risk assessment for every job role.
• Proof of initial and recurring OSH training for all employees.
• Records of providing and instructions for Personal Protective Equipment (PPE).
• Proper documentation and reporting of work-related accidents.
• Proof of safe operation of all technical equipment.

The fine for OSH violations can be up to CZK 2,000,000.

Our specialists are here for you

The ARROWS legal team can manage your complete OSH legal framework, preparing all required documentation and providing certified training to protect you from sanctions. Get expert OSH legal help at office@arws.cz.

FAQ – Legal Tips for OSH Compliance

1. Do we really need OSH training for office workers?

Yes, the obligation is universal. While the risks (e.g., ergonomics, fire safety) differ from a construction site, all employees must be trained, and you must have documentation to prove it. For comprehensive legal advice on your specific training obligations, contact us at office@arws.cz.

2. What if an employee refuses to use their PPE?

The employer is responsible for enforcing OSH rules, not just providing equipment. This enforcement must be documented in your internal policies and provable. We can help you draft these enforceable internal directives. For immediate assistance, email office@arws.cz.

Focus Area #3: Contracts, Working Time, and Wages

This area covers the core of the labor-law relationship. Inspectors will focus on "the paper trail" to ensure you are meeting all obligations of the Labor Code.

Key check-points include:

• Wages: Are you paying at least the minimum or guaranteed wage? Are you correctly calculating and paying all supplements (overtime, night work, holidays)? Fines for wage violations can reach CZK 2,000,000.
• Working Time: Are you keeping accurate records of all hours worked? Are you respecting maximum working hours and minimum rest periods? Fines for record-keeping failures can be up to CZK 400,000.
• Contracts: Do your employment contracts (and DPPs/DPČs) meet all requirements of the Labor Code?

Our attorneys are specialists in the Labor Code. We prepare and revise employment contracts and internal wage regulations to protect you from disputes and sanctions. Send your inquiry to office@arws.cz.

The International Dimension: A Minefield for Multinationals

For international corporations, compliance failures are a "force multiplier" for risk. SÚIP actively cooperates with foreign inspectorates across the EU. A compliance failure in the Czech Republic can trigger audits in Poland or Germany, and vice versa, making a fragmented legal approach a liability.

This is a core strength for our firm. Through our ten-year-old ARROWS International network, we handle complex cross-border compliance for multinational clients daily. We don't just solve the Czech problem; we coordinate with our network to manage the international implications.

Posting of Workers (Directive 96/71/EC)

This is a high-risk area for any company moving employees across EU borders, even for short-term projects. This is not the same as a simple business trip.

If you are posting workers to the Czech Republic, you have several key obligations:

1. Notification: You must notify SÚIP via a new electronic portal no later than the day the posting begins.
2. Documentation: You must have copies of employment documents, translated into Czech, available at the workplace.
3. Wages: You must guarantee the posted worker the Czech minimum/guaranteed wage and working conditions.

Failure to meet the notification obligation alone can result in a fine of up to CZK 100,000.

This bureaucracy is a burden on your business. Our team can take over the entire process, managing all legal notifications and documentation for your posted workers. For seamless international legal support, contact us at office@arws.cz.

Risks in OSH, Wages, and International Posting

Risks and Sanctions	How ARROWS Helps
Fine up to CZK 2,000,000 for violations of OSH (BOZP) regulations (e.g., missing risk assessments, failed training).	Preparation of OSH Legal Documentation: We create the complete, auditable legal documentation that protects you from sanctions. Need OSH legal support? Contact us at office@arws.cz.
Fine up to CZK 2,000,000 for wage violations (e.g., incorrect overtime pay, failure to provide minimum wage).	Wage Audits & Internal Directives: We audit your wage structures and prepare internal directives to ensure full compliance. To secure your remuneration system, write to office@arws.cz.
Fine up to CZK 400,000 for errors in recording working hours, breaks, and rest periods.	Legal Consultations: We provide consultations to ensure your time-tracking systems meet all legal requirements. For a legal consultation on time-tracking, contact us at office@arws.cz.
Fine up to CZK 100,000 for non-compliance with the information obligation for posted workers.	Representation before Regulators: We manage all notification duties for your posted workers. Let us handle the bureaucracy; write to office@arws.cz.

The Inspector Arrives: A Step-by-Step Response Plan

How you respond in the first hour of an inspection can determine the final outcome. Follow this plan.

Step 1: The First 30 Minutes

Politely ask the inspector to wait in a meeting room. Verify their credentials (they must present an inspector's badge and a written authorization for the inspection). Attend the "Opening Conference" and politely ask the inspector to define the scope of the inspection.

CRITICAL STEP: Call your legal counsel immediately. Do not manage an inspection alone. Our lawyers are experienced in representing clients on-site during SÚIP inspections. We can be there to manage the process. For immediate representation, contact us at office@arws.cz.

Step 2: The "Walk-Around" (Your Rights)

You have a legal right to accompany the inspector during their physical inspection. Do not let them wander unsupervised. Designate a single, senior manager (and your ARROWS lawyer) to be the sole points of contact.

Step 3: Provide Documents (And Nothing More)

The inspector has the right to see documents and data. You must cooperate. However, provide only what is requested. Do not volunteer extra information, binders, or explanations.

Step 4: The Critical Mistake: Why You Must Not "Self-Incriminate"

This is the most dangerous trap for employers. Many managers believe that being "overly cooperative" and admitting fault will earn leniency. This is a fatal error.

The inspector's only role is to gather evidence. The fine is decided by a different administrative authority who only reads the final protocol. Any verbal admission—"Yes, I know, we've been meaning to fix that..."—will be documented and used as proof to issue a fine. The correct response is: "We will gather the requested documents and our legal counsel will provide them to you."

Our presence during an inspection acts as the filter, managing communications to ensure you remain cooperative without accidentally admitting to a violation. To secure this legal protection, contact us at office@arws.cz.

FAQ – Legal Tips for the Inspection Process

1. Can I deny the inspector entry if they don't have a warrant?

This is not advisable. SÚIP inspectors have broad statutory rights to enter an employer's premises. Refusal is considered non-cooperation and can lead to its own penalties. The correct strategy is to call legal counsel immediately. If you are facing an inspection now, email office@arws.cz.

2. Do I have to let them interview my employees alone?

Inspectors have the right to question employees. For non-managerial staff, they can (and often will) request to speak with them privately. Your best defense is proactive: ARROWS provides expert training for your managers on how to answer inspector questions factfully before an inspection ever occurs. For this management training, connect with us at office@arws.cz.

After the Inspection: The Protocol and Your Right to Object

The inspection is not over when the inspector leaves. The final, and most critical, legal phase begins.

Step 1: The "Protokol" (Inspection Protocol)

The inspector will issue a formal protokol detailing their findings. This document is the only evidence the administrative body will use to issue a fine. You must review it with extreme care.

Step 2: "Námitky" (Formal Objections)

You have a limited, statutory deadline to file formal objections (námitky) to the protocol. This is not an informal email; it is a formal legal brief. If you fail to file legally-sound, evidence-based objections within the deadline, you are legally agreeing to the protocol's findings, which makes it almost impossible to appeal the resulting fine.

Our specialists are here for you

Successfully challenging a protocol is a legal, not an administrative, task. Our litigation and administrative law team is ready to analyze your protocol, gather evidence, and draft compelling legal objections that can have incorrect findings struck from the record before they lead to a fine. If you have received a protocol, send it to office@arws.cz immediately for review.

Proactive Prevention: The Only Way to "Win" an Inspection

The best way to handle a SÚIP inspection is to be so well-prepared that the inspector finds nothing. A preventative partnership with ARROWS is far more cost-effective than paying a single fine.

Our comprehensive compliance services include:

• Proactive Compliance Audits: We simulate a SÚIP inspection to find and fix your vulnerabilities before the real inspector does.
• Full Documentation Drafting: We create your entire legal framework: employment contracts, internal wage directives, OSH/BOZP policies, and more.
• Expert Employee & Management Training: We provide certified training on all aspects of labor law and OSH.
• Legal Representation: We provide on-demand legal counsel to stand by your side during inspections and to represent you in all administrative proceedings.

We provide these services daily, drawing on our experience as long-term counsel for over 150 joint-stock companies, 250 LLCs, and 50 municipalities. We pride ourselves on speed and exceptional quality. We also believe in building a community, actively helping connect our clients with new business and investment opportunities.

Don't wait for the inspector's knock. Build your legal compliance framework today by contacting our expert team at office@arws.cz.

FAQ – Most Common Legal Questions on SÚIP Inspections

1. What is the single biggest mistake employers make during a SÚIP inspection?
Admitting fault. Inspectors are evidence collectors, not advisors. An employer might say, "I know our OSH training is overdue." The inspector will document this admission, and it will be used to justify a fine. You must be cooperative, but you are not required to self-incriminate. For legal representation, contact us at office@arws.cz.

2. We only use workers on DPP (Agreement to Complete a Job). Are we safe from inspection?
No. SÚIP frequently checks DPPs. They verify that the 300-hour annual limit is respected, that records are kept properly, and, most importantly, that the DPP is not being used to disguise a full-time, dependent employment relationship (švarcsystém). We can review your DPP/DPČ usage to ensure it’s legally sound. For a consultation, write to office@arws.cz.

3. What documents must I have available at the workplace?
You must have copies of documents proving the existence of the employment relationship for everyone on-site (contracts, DPPs/DPČs). For foreign workers, you must also have copies of their residence and work permits. Failure to have these on-site is a specific offense with a high fine (up to CZK 500,000). 

4. We received a protocol with findings we disagree with. Is it too late?
No, but you must act quickly. You have a legal right to file formal objections (námitky) against the protocol's findings. This is a critical legal step to challenge the inspector's conclusions before they become final. Our lawyers are experts in drafting these objections. To challenge a protocol, contact us immediately at office@arws.cz.

5. Can SÚIP really fine us millions of crowns?
Yes. The statutory maximum for enabling illegal employment is CZK 10,000,000. Fines in the hundreds of thousands or low millions for OSH or wage violations are common. Investing in preventative legal review is far more cost-effective than paying a single fine. To discuss preventative legal services, email us at office@arws.cz.

6. Our company is based in Germany and we send technicians to the Czech Republic for 2-week assignments. Do these rules apply to us?
Yes. This is a classic "posting of workers" scenario. You have a legal duty to notify the State Labor Inspection Authority no later than the day the work begins using the new official portal. You also must guarantee Czech minimum wage standards and have documentation ready for inspection. Our ARROWS International team manages this for clients weekly. For cross-border compliance, contact us at office@arws.cz.

Don't want to deal with this problem yourself? More than 2,000 clients trust us, and we have been named Law Firm of the Year 2024. Take a look HERE at our references.