As an expat living and working in the Czech Republic, you are obligated to report the change of the employer as well as when changing a job title and employment. This process might be tricky as there are several documents to submit, conditions under which you can apply and deadlines to meet. In this article, we will bring you a summary of all these aspects so you can better orientate in the process of changing the employer.
If you are a non-EU citizen living in the Czech Republic, you are obliged to notify the Department of Asylum and Migration Policy (OAMP) of the Ministry of the Interior (MOI) about the change of the employer, change of the job or if you want to be employed on additional job position at the same employer or additional employer. You can do so personally at the MOI office, by post, via a data box with a guaranteed electronic signature or by email with a guaranteed electronic signature.
What is the process like?
There are two variants of the process:
- The first one includes those employees who have free access to the labour market, then the process is very simple: all you have to do is fill out a notification and send it to the MOI.
- The second variant is that the employee does not have free access to the labour market. In this case, it is necessary to report the change of the employer and submit various documents as well as meet certain deadlines.
Why is it complicated?
The process can become problematic for various reasons. Firstly, the change of the employer has to be announced before it occurs, 30 days at the latest. At the same time, you have to report the change of the employer at the latest 60 days from your work contract’s expiration, otherwise, the employee card will automatically expire (counting from the last day of the previous employment contract).
Therefore, ideally, you must deal with the replacement of the employer before you quit the last job.
What will you need to report the change of the employer?
- form of the change of the employer
- termination contract – the document confirming the termination of the current employment contract with the exact date (both for the future termination of the contract or already terminated contract)
- number of the new job position from the Central register of vacancies for holders of employee cards
- a written statement of the future employer stating that the expat is capable to do the job
Which conditions need to be fulfilled?
- you have to be a holder of a valid employee card for at least 6 months
- change must be notified at the latest 30 days before it happens
- it is not possible to notify the change of employer if the new employer is a job agency
- the change of employer must be reported within 60 days of the end of the previous employment
The decision of MOI about the fulfilment of the conditions will be made within 30 days and both the future employer and the employee will be notified. This will be done by the ‘notification of compliance’ and the foreign national can start working from the date of change mentioned in the notification.
As part of our services, we offer assistance with the change of the employer. The process might become difficult for you if you are unsure what to include with the notification. If there is any mistake in the application, you will not get the chance to correct it. On the contrary, you will be asked to submit the notification again, however, the time for its submission will count from the first attempt.
What else you need to notice?
As stated by the MOI office, ‘if you do not submit any of these mentioned annexes above, the notification will be considered as unsubmitted. It could lead to the termination of the validity of your employee card. If the facts mentioned in these annexes are not clearly proven, the notification will be considered as unsubmitted too’. Your new employer will be evaluated as well – if they are considered unreliable (“nespolehlivý zaměstnavatel” in Czech ) by the Ministry of the Interior, the employee card, and/or the consent with employment with a new employer, may be rejected as well. Moreover, meeting the deadlines might be confusing as well.
In the case of Blue Cards, the process is a bit different. If you change your employer within the first two years, you apply for the change yourself. On the other hand, if you change the employer after the first two years, you only have to submit a notice of the change. As a Blue-Card holder, you also won’t be able to take up employment with an additional employer.
Sources of the information: mvcr.cz
Source of the image: unsplash.com