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Employee Card

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Options concerning the temporary assignment of a holder of an employee card by a job agency to a different employer (user) to perform work

Act No. 206/2017 Coll., amending Act No. 435/2004 Coll., on Employment, as amended, and other related Acts, removed the prohibition of temporary assignment of holders of employee cards by a job agency to perform work for a user with effect as of July 29th, 2017.

Employee card can be issued or prolonged, if employer of foreign national is job agency which temporarily provides work of foreign national to user. But it is not possible that foreign national (employee card holder) changes the employer or works on next position at the other employer and this future employer is job agency. It does not matter, if it is employee allocated to work to user or if it is prime employee of job agency.

If foreign national works at the job agency, he/she can change job position (place of work, kind of work) or he/she can be employed to the next job position at the same job agency.

Attention should be also paid to the Government Regulation No 64/2009 Coll. setting out the occupations the job agency cannot temporarily assign, according to later regulations. In accordance with this § 64 of the Emloyment Act the Regulation provides that the job agency allowed to assign temporarily a foreign national only when the job requires full secondary education. This does not apply only in the case of occupations explicitly stated by the Regulation.

Employees of job agency, which are allocated to work to user, are obliged to submit extra document to their application. In this document there must be their name, surname, nationality, birthdate and birthplace, place of residence, kind of work, place of work at the user and name of the employer and employer´s registered office.

You can find form of this document here.

  


Department for Asylum and Migration Policy, July 31st, 2019

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