Employing foreigners from Ukraine, Philippines and Mongolia step by step

Procedure for employing foreigners

1. Announcing a vacancy

Before an employer can hire a foreigner, he must declare the vacancy to the regional branch of the Labour Office of the Czech Republic. This obligation applies to any position where the employer wants to employ a foreigner who does not have free access to the labour market, i.e. needs a work permit or an employment card or blue card.

‍

When reporting a vacancy, the characteristics of the position - type of work, place of work, qualifications required, salary conditions, whether it is for a fixed term (including duration) or indefinite, etc. according to the employer's procedure and obligations. If the foreigner is to be employed on an employment card, the employer must give consent for the position to be listed in the central register of jobs for employment card holders and keep it in the records of the Office for at least 30 days from the date of reporting. This serves as a labour market test - it verifies that the position cannot be filled with domestic labour.

2. Selection of a suitable candidate

The employer either has already selected a candidate from abroad or is looking for a candidate. They can use the ÚP database or their own recruitment. For economic migration programmes (see below), it is assumed that the employer knows the specific candidate and asks for his/her placement. The position must meet the conditions of the programme (e.g. certain occupations according to the CZ-ISCO classification for some programmes - see section 3).

3. Conclusion of the contract or future contract

Before a foreigner applies for a visa/stay, it is necessary to prepare employment documents. The law requires that the foreigner has a written employment contract (or employment agreement) for the period of time during which the employment will be performed, or at least a written contract of employment with a commitment that the parties will conclude an employment contract within a certain period of time. These documents must specify the duration of the employment relationship, the amount of the wage/remuneration, the weekly working hours and the holidays (this is mandatory, especially if the foreigner applies for a work permit, or is similarly required by law for employment cards).

‍

For less-skilled HPP positions, this will usually be a fixed-term contract (usually 2 years maximum due to the validity of the card - see below). It is necessary to offer a salary at least equal to the Czech minimum wage (or equivalent to the level of the guaranteed wage for a given job group) and working conditions comparable to those for Czech citizens.

‍

Employee card holders must work a minimum of 15 hours per week and must not be paid less than the basic rate of the minimum wage, regardless of hours worked. For blue cards, a higher salary minimum of 1.5 times the average wage applies(Employer Procedures and Obligations). The Blue Card applies to highly skilled, not regular manual positions.

4. Application for a residence and work permit

The selected foreign applicant must obtain a residence permit for employment purposes. For positions longer than 3 months, the standard procedure is an employment cardwhich is a combined long-term residence and employment permit. The foreigner applies for an employment card at the Czech embassy/consulate in the home country or another designated country. The application must be accompanied by the following documents: a contract of employment (or promise of contract) from the employer, proof of accommodation in the Czech Republic, passport, photograph and, if applicable, proof of education or professional qualifications for the job. In some cases, an extract from the criminal record of the country of origin may be requested (according to the current requirements of the Ministry of the Interior).

‍

If the employer is involved in a government programme (e.g. Ukraine scheme etc.), the applicant will be given a priority date to apply at the embassy - see section 3 for more on this.

‍

For short-term employment of up to 90 days, you would need a work permit and a short-term visa instead of an employment card, but for temporary employment (more than 3 months) it is the employment card that is used. The exception to this is for seasonal work up to 6 months, where there is a special long term visa for seasonal employment, again with a permit from the Employment Service.

5. Approval and issue of permits

The authorities in the Czech Republic (Ministry of the Interior - Department of Asylum and Migration Policy) assess applications for an employment card. The regional branch of the ÚP of the Czech Republic confirms that the position has been duly declared and can be filled by a foreigner (this is part of the process of the so-called labour market test). Once all the requirements have been met, the Ministry of the Interior of the Czech Republic issues a decision on granting long-term residence - an employment card. The processing time is usually 60 days (in the case of economic migration programmes, the application deadline is often faster, but the procedure itself still takes several weeks).

‍

Once the application is approved, the applicant will receive a visa for a stay of over 90 days to take up the employee card (called an entry visa). Upon arrival in the Czech Republic, the foreigner must visit a Ministry of Interior office to provide biometric data and receive the plastic card.

6. Entry into employment

On the day the foreigner starts work, the employer will conclude an employment contract with the foreigner (if only a future contract has existed so far) and acquaint the foreigner with the obligations of occupational health and safety, etc., as with any other employee. No later than the day of commencement, the employer must write inform the regional office of the Labour Office that the foreigner has taken up the job. This is done by means of a "Notification of Entry" form, which can be submitted by data mail or electronically. This reporting obligation is provided for in Section 87 of the Employment Act.

7. Registration with the CSSA and health insurance company

The employer must register the new employee for social insurance with the locally competent District Social Security Administration (ČSSZ) and the health insurance company with which the employee is insured within 8 calendar days of the employee's commencement of employment. Foreigners with long-term residence for employment purposes are covered by public health insurance in the same way as Czech employees - from the first day of employment. Therefore, the employer registers the new employee with his/her health insurance company (if the foreigner does not have a preference, usually with VZP) and starts paying the insurance premiums for him/her. Similarly, participation in social insurance (sickness and pension insurance) arises - the employer fills in and submits a notice of employment to the Social Security Office. These steps are the same for both nationals and foreigners.

‍

In case the foreigner works on a small scale or DPP up to 10 thousand. The reporting obligation to the Social Security Institution and the Social Insurance Institution is then governed by special rules. However, insurance always arises in the case of an HPP with a regular salary.

8. Other reporting obligations to the Planning Authority

If the foreigner does not start work at all (e.g. did not get the visa in time or changed his mind), the employer is obliged to report this to the Labour Office. For holders of an employee card or a blue card, the reporting is done within 45 days from the date on which the conditions for the issuance of the card were met (typically within about 45 days of the planned start date). For a foreigner with a work permit (independent), within 10 days of the date he/she was scheduled to start.

If a foreigner terminates employment prematurely (before the expiry of the permit/card) or if the employment relationship is terminated by termination of employment or by agreement for statutory reasons, or by immediate termination, the employer must report this fact to the Office of the Public Prosecutor within 10 days and state the reason for the termination. This information is used both for statistical and control purposes and to ensure that the Office knows that the vacancy can be offered again or cancelled in the register. The foreigner also reports the termination of employment to the Ministry of Interior, and has 60 days to find a new job if the card is to remain - but this is the foreigner's obligation, not the employer's.

9. Essentials after and during employment

The employer must keep records of the foreigners employed. The register shall record the foreigner's identification data, nationality, passport number, permanent address abroad and address for delivery, type of work, place of work, duration of employment and data on the issued permit (number and duration of validity of the employment card or employment permit).

The employer is obliged to keep copies of the documents proving the right to stay and work (i.e. copies of the employee card, visa, permit) for the entire period of employment and for 3 years after its termination. In addition, the employer must fulfil the usual obligations as for any employee - keep payroll records, make advance payments of employment income tax on behalf of the employee, allow the employee to take leave, provide occupational health and safety training or an occupational medical examination, etc.

‍

Apart from obtaining a permit and informing the authorities, employing a foreigner on HPP is administratively similar to employing a domestic employee.

Specialized programs for employment of foreigners (Regimes Ukraine, Mongolia, Philippines)

The Czech government has introduced several targeted economic migration programsthat facilitate and accelerate the recruitment of workers from selected countries. Since 2019, there is a framework of the Skilled Worker Programme, which has unified the previous individual schemes (the so-called Ukraine Scheme, the Other Countries Scheme - Mongolia, Philippines, Serbia, the Farmer Scheme, etc.). Below we outline how the schemes relating to Ukraine, Mongolia and the Philippines in particular work and what conditions an employer must meet.

Ukraine regime

In the context of the war in Ukraine, the number of Ukrainian employees in the Czech Republic will increase significantly in 2022. However, already in 2016, the Ukraine Scheme was launched as a pilot project for faster recruitment of skilled and unskilled workers from Ukraine. The programme has been gradually expanded and is now part of the Skilled Employee Programme. This programme sets an annual quota for the number of applications for employee cards submitted by Ukrainians - currently up to around 11,000 per year. Applicants enrolled in the programme receive a priority deadline to apply at the consulate in Kiev or Lviv, eliminating the long wait.

Conditions for employers

Only direct employers (not agencies) operating for at least 2 years, with no debts to the state (taxes, insurance premiums) and employing at least 6 tribal employees are eligible for the programme. The employer submits an application for inclusion to the so-called programme guarantor in the Czech Republic - these are, for example, the Confederation of Industry and Transport, the Chamber of Commerce, the Confederation of Employers' Unions or the Association of Small and Medium Enterprises (depending on the sector or region). The guarantor assesses compliance with the criteria and forwards the application to the Ministry of Industry and Trade (programme guarantor) for approval.

Conditions for jobs

The Ukraine (now Skilled Worker) programme targets positions falling under the CZ-ISCO 4-8 classification, i.e. medium and low-skilled jobs - typically craftsmen, repairers, machine operators, service workers, agricultural workers, etc. It is not intended for the highly skilled (for these there is a separate Highly Skilled Employee Program). The wage offered in the Ukraine programme must be at least 1.2 times the guaranteed wage for the job group, thus ensuring that foreigners are not undervalued relative to locals. The programme allows workers to be employed on standard employment cards (for up to 2 years, with the possibility of extension). A major advantage is the reduction in waiting times - companies often report that the Ukraine scheme has reduced processing times from many months to a few weeks or a few months.

Other Countries Mode - Mongolia and Philippines

In response to labour shortages, programmes have also been introduced for other countries, notably Mongolia and the Philippines (from 2018/2019). These have also been merged under the Skilled Worker Programme. They work similarly to Ukraine: they set quotas and guarantee a faster process. For example, for the Philippines there is an annual limit of 5,300 employee cards from 2024, and for Mongolia a quota of 3,170 cards per year.

‍

Applications from Filipinos are handled by the Czech consulate in Manila, while applications from Mongolians are handled by the embassy in Ulaanbaatar. The conditions for employers are the same - at least 2 years of company existence, 6 employees, no debts, direct employer. Again, the jobs must be classified at CZ-ISCO level 4-8 (i.e. skilled workers, machine operators, services, agriculture, etc.) and with an appropriate wage (min. 1.2 times the guaranteed wage).

‍

Employers proceed by applying through the sponsor for inclusion in the Mongolia/Philippines programme and, once approved, receive a deadline for their candidates to apply for a visa. The practical experience for the Philippines is that the workers are often in manufacturing, logistics, electronics or even service jobs (e.g. cooks, butchers, etc.), while for Mongolia they are often blue-collar workers in construction or industry. Thanks to the programmes, companies shorten the period of time that a job is vacant - from application to entry can be about 3-4 months, whereas outside the programme it could take more than half a year.

Other programmes

In addition to the above-mentioned Skilled Employee Programme (for medium and low skilled), there is also the Highly Skilled Employee Programme (for university graduates and experts, replacing the earlier Ukraine-India pilot project) and the Key and Scientific Personnel Programme (for managers, scientists, start-ups, etc.).

‍

Worth mentioning is the Emergency Work Visa Program under the Ministry of Agriculture, which targets seasonal/manual workers in the agriculture, forestry and food sector (formerly known as "Project Zemedelec"). For example, for Ukrainians in the agricultural sector, the Extraordinary Work Visa was available for 1 year, non-renewable, with a quota of 1,500 persons per year in 2019-2022. Since 2023, this program is modified by the NV No. 437/2023 and extended to other countries (Georgia, Moldova, etc.). This is a way for agricultural employers to attract, for example, seasonal workers outside the standard employment cards.

In general, participation in a government programme is not compulsory, but it greatly simplifies the process. Employers who meet the criteria get priority processing - in practice, a faster embassy appointment and often coordination of the process. For foreigners, this means a shorter wait for a visa. These programmes respond to the demand of Czech companies for labour from specific countries, and at the same time provide a framework to ensure that employment is legal and coordinated. Up-to-date information on the programmes and procedures can be found on the website of the Ministry of Labour and Social Affairs in the section Economic Migration Projects and on the website of the Ministry of Industry and Trade, which is the programme manager.

Further administrative steps and employer obligations

In addition to the actual processing of the permit and the foreigner's entry to work, the employer has to fulfil a number of normal administrative obligations as for other employees, plus some special obligations concerning foreigners:

• Social insurance (CSSA): the employer is obliged to register the employee (if he/she is covered by insurance - which HPP always is) with the CSSA. As a standard, a "Notice of Employment" form is filed within 8 days of commencement of employment. Thereafter, they must pay monthly social security contributions (pension + sickness insurance) - part paid by the employee from the wages (6.5% pension, 0% sickness insurance, as from 2019 employees do not pay sickness insurance), part by the employer (24.8% of gross wages). These contributions and obligations are governed by the SZ Insurance Act. If this is the first employee in the company, the employer must register with the Social Security Institution as a payer. There is no exception for foreigners - even a foreign worker with an employment relationship in the Czech Republic is subject to Czech social insurance (unless there is an exception under an interstate treaty or EU regulation, which may apply to e.g. pendlers, but does not apply to classic long-term employment).
  
  
• Health insurance: you also need to register with the employee's health insurance company (most foreigners choose VZP, but they can also have another of the 7 insurance companies). The notification of the start is again done within 8 days. The employer is obliged to pay the public health insurance - 13.5% of the gross wages (employee 4.5%, employer 9%). For a foreigner with a long-term stay for employment purposes, participation in the public health insurance is not required. insurance is compulsory from by law - Foreigners with a different status, e.g. students or self-employed persons, could fall outside the public insurance and would have to have commercial insurance - but this is not the case for employee cards. After the end of employment, the employer will deregister the worker from the insurance within 8 days.
  
  
• Income tax and obligations to the tax office: The employer pays advance income tax on the employee's earned income (15% or 23% of gross wages, depending on the amount). Prior to joining, the employee should choose so-called tax resident vs. non-resident for tax purposes: if he/she is a permanent resident or stays in the Czech Republic for >183 days, he/she will become a tax resident and can claim taxpayer's rebates, children etc.; if not, he/she will be taxed as a non-resident (limited rebates). The employer should have the employee sign a taxpayer declaration(pink form) to claim basic rate tax relief. Companies must be registered with the Tax Office as payers of employment tax - if they already employ Czech employees, they have it sorted; if the first employee is a foreigner, they must register. They then file monthly tax statements and make an annual tax settlement or issue a certificate to the employee for the tax return. Again, these obligations are the same as for other employees; no special taxes are paid for foreigners. You just need to correctly take into account whether the employee is claiming tax credits (which he can if he is resident or at least from the EU - the Philippines/Mongolia are not in the EU, where a non-resident cannot claim e.g. the taxpayer rebate; for Ukraine as a non-resident, neither can he, unless he becomes a resident of the Czech Republic).
  
  
• Immigration authorities and obligations: upon arrival of a foreigner to the Czech Republic on a visa for the purpose of receiving the card, the foreigner is obliged to register within 3 working days with the foreign police (unless he/she is staying in a hotel that will do it for him/her). This registration is often combined when the first visit to the OAMP (Ministry of Interior) for biometrics. The employer should instruct the employee on this obligation. Furthermore, during employment: if a foreigner wants to change positions with the same employer or move to another employer in the first 6 months of the validity of the employee card, he/she must ask the Ministry of the Interior for prior approval. After 6 months, it is sufficient to report the change to the MoI (the employer should know about these steps and cooperate, e.g. give a new contract for the application). Extension of stay: the employee card can be extended repeatedly. If the employer wants to continue to employ the foreigner after the end of a certain period, he/she should conclude an amendment/extension of the contract in time and the foreigner must submit an application for extension to the MoI about 3 months before the expiry of the card. The employer can help by providing the necessary documents (new employment contract). Employee's departure: in addition to reporting to the Labour Office (see above), the employer should issue the foreigner with a Certificate of Employment (credit card) like any other employee and deregister him/her from the insurance. The foreigner himself or herself then handles the next stay (e.g., leaving or looking for a new job within the statutory 60-day period).
  
  
• Other obligations and recommendations: the employer must allow for possible inspection by the Labour Inspectorate or the Labour Office - inspectors can check whether foreigners are working legally (i.e. have a valid permit, employment contract, are not employed "underground"). It is therefore important to have all documents in order - employment contract, copy of employment card, attendance records, etc. Management Foreigners' records (see above) is a legal obligation and non-compliance may be fined. It is also important to keep track of the validity of the employee's residence permit - if it is about to expire and the employee has not renewed, the employer should bring this to the employee's attention (or wonder if they have applied). Last but not least, the employer must guarantee the foreigner equal treatment and a wage no lower than the usual for a similar position. Discrimination against foreigners in remuneration is prohibited by law; on the contrary, it is expected that the working and wage conditions will be normal as for Czech citizens in the position.
  
  

Legal context of employment of foreigners

Employment Act (No. 435/2004 Coll.) - the basic legal framework governing the employment of foreigners. It determines which foreigners have free access to the labour market (e.g. EU citizens and their family members, foreigners with permanent residence, graduates of Czech schools, etc.) and which ones need a work permit. It also imposes obligations on employers: e.g., to notify vacancies (§86), to inform the Office of Employment of Foreigners of the commencement and termination of employment ( §87, 88) and to keep a register of foreigners (§102). Violation of these obligations may be sanctioned as an offence or administrative offence. The Employment Act also defines the concept of illegal work of a foreigner and the penalties for allowing it (fines of up to hundreds of thousands of CZK or prohibition of activity for the employer).

‍

Act on the Residence of Foreigners (No. 326/1999 Coll.) - regulates visas and residence permits. It has introduced the institution of an employment card (§42g et seq.), which functions as a dual permit - it entitles to both residence and employment in a certain position. Thus, when employing a foreigner on an employment card, no special permission from the Office of the Public Prosecutor is required (this is part of the card process), unless it is a non-dual card (the exception is cases where the foreigner is in the Czech Republic for another purpose and needs a separate employment permit from the Office of the Public Prosecutor - e.g. holders of a visa for the purpose of toleration, seasonal workers, asylum seekers after 6 months, etc. The Residency Act also contains requirements on the details of the application for residency, the procedure of the Ministry of the Interior in issuing employment cards, the conditions for changing employers (the need to report and seek approval for a change of job in the first 6 months of the card's validity, etc.), and the obligation of the foreigner to report his/her address to the police within 3 days after arrival. Specific government regulations set annual quotas for the number of applications for employment cards submitted to individual embassies (e.g. Government Regulation No. 220/2019 and subsequent regulations set quotas for economic migration from selected countries).

‍

Labour Code (No. 262/2006 Coll.) - the employment relationship with a foreigner is fully subject to the provisions of the Labour Code as for any other employee. The foreigner has the same rights and obligations (working hours, wages, additional payments, safety at work, termination of the relationship, etc.). The limitation of a certain period of time (maximum 3 years and max. three times repeated, unless there is a legal exception) must be respected also for a foreigner - it is not possible to negotiate an endless series of short-time jobs just to extend the visa. The difference is that the employment relationship of a foreigner can effectively end even if the visa/permit is revoked - if the foreigner loses the right of residence and thus the right to work, he/she cannot continue to work. In such a case, the employer would have to terminate the employment relationship (typically by agreement or by termination due to an impediment on the part of the employee). There is no restriction as to the type of contract - a foreigner can be employed on a full-time or part-time basis, for a fixed or indefinite period (subject to the validity of the permit), or even under a non-employment agreement (FTE/STP), provided that he/she has the necessary work permit. However, as noted above, for an employee card, the law requires a minimum hourly work and income. Should the foreigner work on a FTE/PPP, the requirement to have an employment card or permit still applies - the only exception is those with free access to the labour market, who can work without restrictions just like Czech citizens.

‍

Other relevant regulations include decrees of the Ministry of the Interior on the implementation of the Act on the Residence of Foreigners (e.g. Decree No. 429/2010 Coll. on specimen documents - sets out the form of the employee card), government regulations on setting uniform procedures for economic migration programmes (e.g. NV No. 291/2019 Coll. introduced an extraordinary work visa for Ukrainians in agriculture, NV No. 220/2019 Coll. set quotas for programmes, etc.), and methodologies of the authorities (the MoLSA issues guidelines for Labour Offices, the MoI issues methodologies for OAMP).

‍

In the area of social security and health insurance, the key acts are Act No.48/1997 Coll. on Public Health Insurance (participation of foreigners with long-term residence in public insurance) and Act No.187/2006 Coll. on Sickness Insurance + 155/1995 Coll. on Pension Insurance (defining the establishment of insurance upon employment). From the employer's point of view, these laws do not provide any differences for foreigners - the main thing is to fulfil the reporting obligations and pay the insurance premiums in the same way as for Czech employees.

‍

The process of employing foreigners from Ukraine, the Philippines or Mongolia on a permanent basis requires careful preparation and cooperation with the authorities. The key is to secure the necessary employment and residence permits (typically an employment card) for the foreigner and to meet the reporting obligations to the Labour Office. If all steps and legal requirements are followed, the employer can successfully recruit labour from abroad and the foreigner can legally work with full rights as an employee. Further information is provided, for example, by the Ministry of Labour and Social Affairs on its website in the section Employment of Foreigners and the Integration Portal of the Ministry of Labour and Social Affairs, where the necessary forms and obligation summaries are also available for download. Keeping up-to-date with the latest changes (e.g. programme quotas, minimum wage levels, amendments to laws) is recommended as legislation in the field of migration and employment may evolve.

‍

This article draws on publicly available information and data as of February 2025. The information provided is for general guidance only and should not be considered legal advice.

‍

Useful links: 

• Employer's procedures and obligations when employing foreigners who do not have free access to the labour market 
• Skilled Employee Programme
• Economic migration programmes 
• Employment of refugees

‍

Keep track of your work documents with Advanto People.