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Employee Card

 Česky

Unreliable employer

The Act on the Residence of Foreign Nationals excludes the issuance of an employee card or the granting of a consent with employment of a foreign national with a different employer, if this employer is unreliable. The concept of an unreliable employer is primarily designed to prevent concealed employment of foreign nationals by job agencies and to prevent those employers who systematically fail to comply with their obligations arising from other than industrial regulations (public medical insurance, social security) from employing foreign nationals.
 

Within the meaning of Section 178f of the Act on the Residence of Foreign Nationals, an employer is an unreliable employer in the following cases:

  1. The employer is not a party that is free of debt
    An employer that is free of debt is an employer for whom there are no arrears registered with the Tax Authority, customs administration, arrears in insurance premium for social security and in insurance premium for medical insurance. An arrear is not deemed to be an arrear if delay in the payment or the dividing of the payment into instalments was permitted.

  2. A fine for allowing performance of an illegal work was imposed on the employer
    An unreliable employer is an employer on whom a fine for allowing performance of an illegal work was imposed with a final effect during a period of 4 months preceding the filing of an application for an employee card.

  3. The employer does not carry out any economic activity
    An unreliable employer is also an employer who does not carry out any economic activity in their line of business or the Ministry of the Interior of the Czech Republic was unable to verify this fact.

  4. The employer failed to comply with the obligation to register a foreign national for insurance
    An unreliable employer is an employer who failed the obligation to register their employee for participation in social security insurance or public medical insurance during the period of the last year.

  5. The employer is in liquidation
    An unreliable employer is an employer who is in liquidation.

  6. The employer’s registered office is not real
    An unreliable employer is also an employer who is a legal entity and whose office registered in public registers is not real. An office that is deemed to be real is an office where crucial decisions concerning the business management of the employer are taken or a place where the meetings of the employer’s management are held.
     

If some of the conditions above is fulfilled, unreliable employer can also be legal person or natural person to which foreign national is temporarily allocated by job agency on the basis of agreement between job agency and user (it means employer to whom foreign national is allocated by job agency).

The fact that an employer is unreliable is a reason not to issue an employee card to a foreign national, referred to in Section 46(6)(d) of the Act on the Residence of Foreign Nationals, or a reason not to grant consent with a change of an employer, referred to in Section 42g(7) of the Act on the Residence of Foreign Nationals. However, unreliability of an employer in itself is not an obstacle for renewing an employee card.

  


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

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