Posting of workers from EU member states to Czechia
This article provides an overview of the simplified procedure for posting an employee from a business located in one EU Member State to another EU Member State (Czechia) to provide services for a temporary period. This procedure is based on Directive 96/71/EC, commonly known as‚ The Posted Workers Directive‘.
Reporting obligation
Business posting their employee to Czechia must inform the respective branch of the Labour office on the start date the latest, on a respective notification form.
Exception applies to international transport workers, whose posting does not need to be reported.
In case the posting assignment is terminated on a different date than originally reported, the employer should inform the Labour office about the new final date within 10 calendar days from termination at the latest.
Time limitation of posting
Posting a worker is considered as temporary and the worker is expected to return to the posting employer after completing his/her assignment, within 12 months at the latest (with possible extension).
Third-country nationals are limited to posting for max. 90 days within every 180 days (which is the maximum period for which a holder of a long-term residency permit or visa in one EU country can reside in another EU country without requiring any residency permit). Should the posting in Czechia last longer than 90 days, a residency permit or long-term visa needs to be obtained from the Czech Ministry of Interior.
Keeping documents for inspection at the workplace
The employer should keep following information at the workplace:
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We recommend keeping a copy of the notification form sent to the Labour office since it contains all the abovementioned information.
Also, the document proving the existing employment relationship between the posting employer and the posted employee in the Czech language should be kept at the workplace.
Conditions of employment of posted workers
The business posting a worker to Czechia must ensure that the worker‘s employment conditions will be compliant with Czech law (such as maximum work periods, minimum rest periods, minimum paid annual leave, remuneration, non-discrimination, reimbursement of travel costs, etc.).
Non-compliance
A fine up to 100 000 CZK can be imposed for omitting the reporting obligation.
Not having the employment contract translated into Czech language at the workplace may result in a fine up to 500 000 CZK.
Upcoming changes in 2024
From July 2024 the employers will report the posting of their workers to the State Labour Inspection Office (instead of the Labour Office), via an interactive online form connected to a newly established electronic database of all posted workers in Czechia. Moreover, instead of having to keep the employment contract at the workplace, the employer will upload its electronic version as an attachment to the interactive online form.
Nikola Marečková |
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