Ministry of the interior of the Czech Republic  

Go

Modern Administration


Quick links: Sitemap Text version Česky Fulltext search


 

Main menu

 

 

Employee Card

 Česky

Change of Employer or Job or Taking up Employment in an Additional Job or with an Additional Employer

A change of employer or job by a holder of an employer card or the foreign national’s taking employment in an additional job or with an additional employer is subject to prior consent of the Ministry of the Interior, the Department for Asylum and Migration Policy.

Once again, this must be a job vacancy that appears in the central register of job vacancies that can be filled by holders of employee cards.

An application for the consent with the change of the employer or the job of a holder of an employee card or a foreign national’s taking up employment in an additional job position with present employer or with an additional employer can be filed at an office of the Ministry of the Interior by completing the form entitled "Application for an Employee Card".

A foreign national is required under the § 42g par. 7 of the Act on the Residence of Foreign Nationals on the Territory to attach to the application for the change of employer or job position the following:

  1. a contract of employment, an agreement on work activity (or at least a contract on a future contract, in which the parties agree to enter into a contract of employment or an agreement on work activity by an agreed deadline). The aforementioned documents must contain a stipulation which provides that regardless of the scope of work, the agreed monthly salary will not be lower than the basic monthly minimum wage and that the amount of weekly working hours will be at least 15 hours,

  2. documents proving the professional qualifications for performance of the requested job – this only applies if the document previously submitted to the MoI CR ceased to be valid (for example, if a certificate on acquisition of professional qualifications which the foreign national had attached to the application for an employee card for the original job, was limited in time and is already invalid at the time when the application for the consent is to be decided on) or different professional qualifications are necessary for performance of the requested job,

  3. document proving the employment for which the employee card was issued was not terminated at all or if terminated he/she must provide the document proving when it was terminated (for instance confirmation of the employer, agreement /notice on/of the termination of employment contract, eventually the last salary slip).
     

The application for consent with the change of the employer or work position must be submitted in 60days period following the termination of the employment at the latest, otherwise the employee card will cease. The reason of the termination of the employment is of no relevance in relation to cessation of the employee card.

A foreign national is required under the § 42g par. 8 of the Act on the Residence of Foreign Nationals on the Territory to attach to the application for consent with employment on additional job position the following:

  1. a contract of employment, an agreement on work activity (or at least a contract on a future contract, in which the parties agree to enter into a contract of employment or an agreement on work activity by an agreed deadline). The aforementioned documents must contain a stipulation which provides for the salary and working hours per week. Agreed monthly salary may be lower than the basic monthly minimum wage only if present job position still fulfils this condition. Similarly amount of weekly working hours may be less than 15 hours if this condition is still met in case of present job position.

  2. documents proving the professional qualifications for performance of the requested job – this only applies if the document previously submitted to the MoI CR ceased to be valid (for example, if a certificate on acquisition of professional qualifications which the foreign national had attached to the application for an employee card for the original job, was limited in time and is already invalid at the time when the application for the consent is to be decided on) or different professional qualifications are necessary for performance of the requested job.
     

If the application for the consent is granted, the MoI CR will deliver the administrative decision to the foreign national in writing, by which the consent will be granted, and the foreign national can start working in the job concerned from the date on which the decision will become legally effective. The date on which the decision will become legally effective can be brought forward if the foreign national waives his or her right to file an appeal after the decision is delivered. If the conditions for granting the consent have not been met, the MoI CR will deliver the foreign national an administrative decision in writing, by which the consent will not be granted. It is possible to file an appeal against the decision on the application for the consent and the decision is subsequently also reviewable by a court.

If the foreigner submits the application for consent in the period of 120 days before expiring the Employee card and if the employment of a foreigner exceeds the employee card validity, this application is considered as a application for extension the validity of an Employee card and the foreigner is obliged to prove requirements mentioned according to paragraph 44(9). This does not apply if the foreigner advise to the Ministry of Interior in written form, that he does not submit the extension of the validity of an Employee card. If the foreigner meets the condition to approval the permit and extension of the validity of an Employee card, The Ministry of an Interior extends the validity of an Employee card, decision to grant is not made in a written form.

The consent of the OAMP is not necessary in those cases where an employment permit was issued for the given job or in those cases where the foreign national has free access to the labour market.

In that case, the foreign national is obliged to report the change within 3 working days from the date, on which it occurred, and is obliged to do so using a form titled "Notice from a Foreign National with an Employee Card about Termination of Employment, Change of Job Position, Change of Employer or Employment in an Additional Job Position or with an Additional Employer".


Department for Asylum and Migration Policy, October 2nd, 2017

Print  E-mail