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Working permit. Who is NOT required to obtain working permit?. EU national and her family member Permanent resident Beneficiary of subsidiary protection and asylum in the Czech Republic
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Who is NOT required to obtain working permit? • EU national and her family member • Permanent resident • Beneficiary of subsidiary protection and asylum in the Czech Republic • Temporary resident with the purpose of reunification with spouse who is permanent resident, or who is protected by subsidiary or asylum protection • Person who studied or is still studying at accredited (approved) high school, college or university in the Czech Republic
Who can obtain working permit regardless of job market situation? • subsidiary protection applicants after 365 days after submission of their application • Tolerance visa holder according to Alien Act Working permit must be assigned rregardless of the job market situation; job offer is not required to be published for 30 days at the Labour bureau (úřad práce)
Employer’s steps in order to employ foreigner (labour market tested) • Evidence job offer at the Labour bureau • Declare and discuss their intentions to employ foreigner with Labour bureau (Roháčova 13, Praha 3), pay 2000 CZK administration fee • If the job offer is not taken by EU national after 30 days, employer is entitled to employ 3rd country national • Employer needs to fill out special form and hand it in at Labour bureau (Domažlická 11, Praha 3)
Foreigner’s steps in order to get employed (labour market tested) • Applies to all other residence holders except those mentioned at the beginning • Foreigner must hold residence permit for reasons of employment • Foreigner must submit written application at the Labour bureau • Working permit is assigned by Labour bureau in Domažlická, Prague 3 • Administration fee = 500 CZK, passport photo required • Working permit is applicable only for concrete job offer, concrete working contract and concrete employee if any of those conditions change, working permit ceases to apply
Employer’s steps in order to register job offer (not labour market tested) • Employer needs to register job offer at local Labour bureau (local Labour bureau is localized according to the registered business address) • Employer needs to provide officially certified copy of his business (doklad potvrzující oprávnění k podnikání); submit form called “VYJÁDŘENÍ ZAMĚSTNAVATELE” to the local Labour bureau • Employer can be represented by another person (foreigner) according to power of attorney
Foreigner’s steps to employment (not market tested) • Submit form called “ŽÁDOST CIZINCE o povolení k zaměstnání”to Labour bureau (Domažlická 11, Praha 3) • Pay administration fee 500 CZK • Can be represented by employer according to power of attorney
Green card • Green card is temporary residence permit for reasons of employment A N D working permit • Only from nationals of Australia, Montenegro, Croatia, Japan, Canada, Bosnia and Herzegovina, Macedonia, USA, Serbia, Ukraine • Application is submitted at consulates/embassies or at Czech Ministry of Interior • Documents needed: passport, 2 passport photos, diplomas and qualification certificates, health insurance covering period between application and employment • Could be required: criminal register record; health report • Administration fee 1000 CZK
Blue card • Green card is temporary residence permit for reasons of employment A N D working permit • For all 3rd country nationals with university education • Valid for max 2 years • Employment contract needs to be concluded before applying for blue card • Gross monthly salary min. 1.5 x average monthly salary (36 479 CZK) • Application is submitted at consulates/embassies or at Ministry of Interior in the Czech republic • Documents needed: passport, 2 photos, accommodation contract, employment contract, education certificates • Administration fee 1000 CZK
Labour bureau registration • If you register as unemployed seeking job, you are entitled to health insurance, unemployment benefits, support with re-qualification and further education • You can also register as someone merely interested, not unemployed in such case you are not entitled to unemployment benefits • Registration is for free and must be done at your local labour bureau according to registered address of residence • Officers will be in touch with you once or twice a week if registered as unemployed
Ministry of Labour and Social Affairs declaration on reducing number of working permits to unskilled workers • The Ministry of Labour and Social Affairs stopped issuing working permits to unskilled workers (i.e. those with no or low qualification and without high school diploma) as of 1st July 2012 • Already issued working permits have been prolonged only for 6 months • According to the Declaration, Labour bureau newly demands officially approved diplomas and certificates of qualification, which goes beyond the scope of labour law and labour code • Exceptions from providing approved diplomas and certificates of qualification are possible BUT the final decision is left fully in the competence of Labour bureau, hence it is arbitrary • The Ministry of Labour and Social affairs is naively expecting that those low unskilled positions will be taken by Czech nationals and the number of unskilled 3nd nationals will decrease • This is unrealistic, it is not happening and as it leads to illegal employment and law circumvention
Requalification • Acquiring new qualification or improving/increasing current qualification • Labour bureau can subside the costs but it does not have to • Once can freely choose where and when to re-qualify with limits max 50 000CZK in 3 years • Requalification courses must be accredited (approved and official) • http://www.eu-dat.cz/