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Information for employers

Employing foreign nationals without a work permit or a valid residence permit 

 Česky
 

If you employ a foreign national without a work permit, despite the fact that according to a special legal regulation (pdf, 616 kB) [Act No. 435/2004 Coll., on Employment], he/she needs such a permit, or without a valid residence permit, you are, as the employer, required to cover the costs associated with his/her administrative expulsion.
 
You have the same obligation in the event that you have concluded an agreement with such a foreign national on the basis of which the foreign national has worked for you or, on the basis of your commercial contractual relations, you knew or should and could have known about employing a foreign national without a work permit or a valid residence permit.
 
The costs associated with administrative expulsion include costs for:
  • accommodation,  
  • board,
  • transportation and
  • other necessary financial costs.
As an employer, you are exempt from the obligation to cover the associated costs if:
  • a) you can prove you have met the obligations specified by the legal regulations concerning employment and residence of foreign nationals and you did not know that the work permit submitted by the foreign national was a forgery, or
  • b) when you entered into a contract with the foreign national you met the obligations specified by the legal regulations concerning employment and residence of foreign nationals and you did not know that the residence permit submitted by the foreign national was a forgery.
If the foreign national does not cover the costs associated with administrative expulsion within a specified period and they have not been covered from financial guarantees, the obligation to cover the costs is passed on to persons/entities in the following order:
  1. the person legally bound to cover the costs in the letter of invitation verified by the police,
    • if it concerns a research worker, it is the research organisation that is legally bound in writing; the research organisation covers the costs associated with administrative expulsion arising within 6 months of the expiry of the hosting agreement,
  2. the person that arranged employment without a work permit,
  3. the person that employed the foreign national and the employment was terminated for one of the reasons presented in § 52/a to /e of the Labour Code or by agreement due to the same reasons or by instant resignation in accordance with § 56 of the Labour Code before the expiry of the period for which the work permit, Green Card or Blue Card were issued to the foreign national, if this foreign national did not leave the country when the visa/residence permit for the purpose of employment was terminated. This does not apply if the foreign national did not leave the country and the person who employed him/her credibly proves that  he/she secured cover for the costs associated with the departure of the foreign national for the state where he/she has citizenship or the state where he/she legally resides,
  4. the person who arranged employment for the foreign national and the employment was terminated for one of the reasons presented in § 52/a to /e of the Labour Code or by agreement due to the same reasons or by instant resignation in accordance with § 56 of the Labour Code before the expiry of the period for which the work permit, Green Card or Blue Card were issued to the foreign national, if this foreign national did not leave the country when the visa/residence permit for the purpose of employment was terminated. This does not apply if the foreign national did not leave the country and the person who employed him/her credibly proves that he/she secured cover for the costs associated with the departure of the foreign national for the state where he/she has citizenship or the state where he/she legally resides,
  5. the transportation provider who did not meet the obligation in accordance with § 104 of the Act on the Residence of Foreign Nationals.
The police or the Ministry of Interior decide on the deadline for settlement, the amount to be settled and who is obliged to cover the costs, or the remaining amount, associated with administrative expulsion. There is no appeal against this decision.
 
All further information on your options and obligations as employers can be found at the integrated portal of the Ministry of Labour and Social Affairs.

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