Posting of Workers
(This is the single official national website for posted workers according to Article 5 of Directive 2014/67/EU)
The information below relates to the posting of employees only. If you are looking for information on posting self-employed persons, please contact the Ministry of Industry and Trade.
Please note the changes with effect from 30 July 2020 in Part II.
What is the posting of workers under EU Directive 96/71?
- More information can be found here.
The EU directives governing the posting of workers to another Member State:
- Council and EP Directive 96/71/EC on the posting of workers in the framework of the provision of services;
- Council and EP Directive 2014/67/EU on the enforcement of Directive No. 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No. 1024/2012 on administrative cooperation through the Internal Market Information System (“IMI Regulation”);
- Council and EP Directive 2018/957/EU amending the Directive on the posting of workers in the framework of the provision of services No. 96/71/EC.
Information about work and wage conditions of employees posted according to Directive 96/71/EC in the Czech Republic
According to the legal regulations of the Czech Republic the posting of employees according to the Directive 96/71/ES is regulated mainly by Act No 262/2006 Coll., Labour Code, as amended (hereinafter the ‘Labour Code’), and Act No 435/2004 Coll., on employment, as amended (hereinafter the ‘Employment Act’). General applicable collective agreements pursuant to Article 3(8) of the Directive 96/71/EC, which were applicable for posted employees, do not exist in the Czech Republic at present.
I. Administrative obligations related to posting of workers to the Czech Republic
a) Information (reporting) obligation (Section 87 of the Employment Act)
Initiation of posting: An employer posting an employee to the Czech Republic must inform in writing the respective regional branch of the Labour Office no later than on the day when this worker starts to work.
The information obligation must be fulfilled irrespective of the length of the posting. The only exception applies to international transport workers whose posting to the Czech Republic need not be reported.
The posting employer shall fulfil the information obligation by sending the relevant form by post, data box or e-mail to the office of the relevant regional branch of the Labour Office according to the place of work (place of posting) of the foreign worker. The form is available here: download form. Contact details of the Czech Labour Office branches are available here: branches of the Labour Office of the Czech Republic.
Notification of long-term posting: Within 12 months from the moment a worker has been posted to the Czech Republic to provide services, the employer may submit a written notice to the regional branch of the Labour Office of the Czech Republic stating the reasons why the period of providing services in the Czech Republic needs to exceed 12 months (the form is available here). In a situation when the employer replaces one posted worker with another one to carry out the same tasks at the same place, the period of posting of both employees will be added together and must not exceed the total time limit of 12 months.
Termination of the posting (on another than originally reported date): At the end of the posting, the employer must inform the relevant regional branch of the Labour Office of the termination of the work of the posted worker to the Czech Republic within 10 calendar days at the latest. The employer does not need to do this if the posting in the Czech Republic ended on the day originally notified by the employer. The form is available here: form to download.
If an agency worker is posted by his user (double-posting), the labour agency has this obligation (i.e. the employer of the posted worker): An employee who has been posted by his employer who is entitled under the legislation of another Member State to take up employment to work for a user established in that or another Member State and who has been posted within a transnational provision of services in the Czech Republic is considered to have been posted to the Czech Republic by his employer, with whom he has entered into an employment relationship.
Attention: Short business visits (e.g. participation in seminars, conferences, meetings, trade fairs, training courses and other business trips not involving the provision of services) are not considered a posting within the meaning of Union laws. Therefore, such trips are not subject to the notification obligation and the measures set out in Article 9 of Directive 2014/67/EU.
A fine of up to CZK 100,000 may be imposed for non-compliance with the information obligation (Sections 139 and 140) of the Employment Act. More information on offences and penalties can be found here.
b) Registration obligation (Section 102(3) of the Employment Act)
A foreign employer posting workers to the Czech Republic must have a register of these persons at the place of work, containing the following data: identification data of the worker; the address in the country of residence and the address for delivery of consignments; the number of the travel document and the name of the issuing authority; the type of work, the place of the work and the period for which the employment lasts; the sex of these natural persons, the date of commencing and ending the work or posting to the Czech Republic.
c) Obligation to have a copy of the labour contract translated into Czech at the workplace (Section 136(2) of the Employment Act)
An employer sending an employee to the Czech Republic must have copies of the documents proving the existence of an employment relationship at the workplace, and the documents must be translated into Czech (an official translation is not required, but the translation must correspond to the original; documents in Slovak are also accepted).
Failure to comply with this obligation may result in a fine of up to CZK 500,000 (Sections 139 and 140 of the Employment Act).
d) Administrative obligations of a foreign labour agency posting workers to the Czech Republic
Natural or corporate subjects established for job placement in another EU Member State in accordance with its legal regulations can provide employment services in the Czech Republic temporarily and intermittently. These persons must notify the Labour Office in writing of the following information no later than on the day of commencing this activity in the Czech Republic (Section 61(1) or (3) of the Employment Act):
- identification data of the corporate body / natural person;
- subject of business (for a corporate body also the place of business);
- form of mediation of employment for which the permit is required;
- type of work for which the permit for the mediation of employment is required;
- for a corporate body identification data of the responsible representative.
- period during which this activity will be executed
Foreign labour agencies, as well as employers of posted workers have the above-mentioned information (reporting) obligation (Section 87 of the Employment Act).
II. Working conditions
If a worker from another EU Member State is posted to work within the transnational provision of services in the Czech Republic, the worker is subject to the Czech legislation under Section 319 of the Labour Code, provided that it is more advantageous for him in terms of:
a) maximum working time and minimum rest time,
b) the minimum length of leave per calendar year or a proportional part of it,
c) the minimum wage, the lowest guaranteed wage, the components of wages set out in Sections 114 to 118 (overtime pay; holiday pay; night work allowance; hard work allowance; Saturday and Sunday work allowance) or salary components set out in Section 123 to 130 and Section 132, 133 and 135,
Particularities of remuneration of salaried employees (only for ‘public employees’):
d) safety and health at work,
e) working conditions for pregnant workers and workers who are breastfeeding and for workers up to the end of the ninth month after childbirth and adolescent workers,
f) equal treatment of employees and non-discrimination,
g) working conditions in agency work
h) conditions of accommodation, if provided by the employer to the employee,
i) reimbursement of travel expenses for work, if the usual place of work in the Czech Republic is considered a regular workplace
Particularities of travel allowances for paid employees (relevant only for ‘public employees’)
The advantageousness is assessed for each right arising from the employment relationship separately. The provisions on the minimum length of leave per calendar year or its proportional part and the minimum wage, the minimum level of the guaranteed wage and mandatory components of wages or salary will not apply if the period of posting an employee to work in the Czech Republic does not exceed a total of 30 days in the calendar year. This does not apply if the employee is posted to work through a transnational provision of services by an employment agency.
Main changes compared to the legislation effective until 29 July 2020:
The transposition of Directive (EU) 957/2018, which amends Directive 95/71/EC on posting workers, was carried out by Act No 285/2020 Coll., Amending Act No 262/2006 Coll., The Labour Code, as amended. , and some other related laws
The employer's obligations to provide remuneration for work are extended to all compulsory wage components (wage or compensatory leave for overtime work; wage, compensatory leave or holiday pay; night work wage; wage and allowance for work in a difficult working environment; work on Saturdays and Sundays) or salary components (salary tariff; management bonus; night work premium; Saturday and Sunday work premium; salary or compensatory leave for overtime work; work in a difficult working environment; special premium; premium for a divided shift; premium for direct teaching activities beyond the specified scope; specialisation premium for a teacher; salary or compensatory leave for work on a public holiday). Furthermore, the obligation of the employer to provide the employee with reimbursement of travel expenses for trips for work or in connection with it in the sense of Section 152 of the Labour Code is extended.
Liability of the recipient of the service for paying the remuneration of the posted worker (Section 319(3) of the Labour Code)
A person to whom an employee has been posted by an employer established in another Member State of the European Union to work as part of a transnational provision of services in the Czech Republic is liable for payment of wages or salaries up to the minimum wage, the relevant minimum guaranteed wage and mandatory bonuses, if the following three cumulative conditions are fulfilled:
- remuneration for work up to this amount has not been paid by the posting employee posted by this posting employer
- at the same time, a fine was imposed on the posting employer in accordance with the relevant provision of Act No 251/2005 Coll., on Labour Inspection
- it was possible to attribute to person to whom the employee was posted knowledge about not payment of remuneration with due care.
Long-term posted workers and their working conditions (Section 319a of the Labour Code)
If the posting of an employee exceeds 12 months (long-term posting), in addition to the above conditions (points a) to i), he is subject to further regulation of employment in accordance with the Labour Code, with the exception of changes and termination of employment, provided that it is more advantageous for him. Here, the advantage is assessed for each right arising from the employment relationship separately.
The time limit for the beginning of the long-term posting is extended to 18 months if the posting employer notifies, in accordance with Section 87(2) of the Employment Act, before the expiry of the long-term posting period that the employee is posted.
The posting of an employee can continue even after 12 months, resp. after 18 months, provided that the posted worker becomes subject to all rights under the law of the host State (namely, all employment conditions with the exception of the procedures, formalities and conditions for concluding employment contracts and their termination, including competition clauses, and with the exception of participation in occupational pension schemes in the country of posting), in this case, the Czech Labour Code, in those cases where the application of the Labour Code is more favourable to the posted worker than the law of the posting State (see Section 319 of the Labour Code).
Where an employer sends another employee to replace a posted worker, all periods of secondment of those workers, if they have carried out or are carrying out the same duties at the same place, will be added together for assessing the time referred to in paragraph 1 or paragraph 2. Carrying out the same task at the same place will be assessed with regard to the nature of the work, the nature of the service provided and the place.
A transitional arrangement for calculating the duration of a long-term posting: postings started before 30 July 2020 will be deemed to have begun on 30 July 2020 for calculating the above-mentioned 12-month (or 18-month) period.
Transitional provisions for road transport
Until the date of entry into force of the law transposing the expected lex specialis directive on the application of the rules on posting workers in the transport sector, the original provisions transposing Directive 96/71/EC - i.e. as amended before 30/07/2020 – available here.
III. How to claim your rights?
If the employer or user does not comply with the obligations imposed on him by law, an initiative may be submitted to the State Labour Inspection Authority to carry out an inspection. (web-based form)
If the employer has not paid the posted employee a wage or salary, this employee may, in addition to a private procedure calling on the employer to pay the wage or salary due subsequently file a lawsuit with a court in the home state, use the option enshrined in Section 319(3) of the Labour Code according to which wage or salary up to the minimum wage, the relevant lowest level of guaranteed wage and overtime pay, the posted employee is guaranteed by the person (recipient of the service) to whom he was sent on the basis of a concluded contract to carry out tasks arising from this contract under the conditions set out below of the Labour Code, which are:
- the fact that remuneration for work up to the minimum wage, the relevant lowest level of guaranteed wage and overtime pay has not been paid by the employer,
- a fine was imposed on the multinational employer for a misdemeanour pursuant to Section 13(b) or Section 26(1)(b) of Act No 251/2005 Coll., on labour inspection, as amended,
- this person knew or should have known that the reward had not been provided, and should have known and should have exercised due care.
If the actual length of work is not proven, the posted employee is considered to have been working for 3 months.
Where there has been discrimination or a violation of the rights and obligations arising from the right to equal treatment, the person concerned will have the right to seek judicial review to abolish discrimination and to eliminate the consequences of discriminatory interference and to provide him with reasonable redress. The regional labour inspectorate can also be contacted.
IV. Posting third-country citizens by companies established in the EU
Third-country citizens who are legally employed in another EU Member State and are posted to the Czech Republic by their EU-based employer under Directive 96/71/EC do not need any public authorisation to work as part of posting, i.e. a work permit, employment or blue card or any other residence permit (visa or residence permit).
However, the duration of this posting (i.e. without any public authority) is limited to a maximum of 90 days during each 180 days. The restriction results from the maximum length of temporary stay in the Czech Republic on the basis of a visa or residence permit issued by another EU Member State.
For a stay exceeding 90 days, a third-country national must always obtain a valid residence permit issued by the Ministry of the Interior – a visa for a stay exceeding 90 days or a residence permit – in accordance with the Act on the Residence of Foreigners. Link here.
Posting third-country nationals to the Czech Republic is only admissible if it is an actual posting within the meaning of Directive 96/71/EC, i.e. in particular that:
- A third-country citizen is posted from the Member State of the European Union where he usually works. Before posting, he must therefore reside and work in the Member State of the European Union which issued him the visa or residence permit. After the posting is over, he returns to his employer.
- The worker's activity consists of providing a service according to the contract concluded between his employer and the Czech entrepreneur or company to which the worker is posted. If a posted worker carries out dependent work for a Czech entrepreneur or company, such as his own employees, and in a similar position as them, it is not a service.
- The third-country citizen has an employment relationship with the posting employer for the entire period of posting, who is responsible for him throughout the posting. At the same time, a third-country citizen does not have an employment relationship with a Czech entrepreneur or the company to which he is posted.
- A third-country citizen works only for the entrepreneur or company to which he was posted, not for another Czech entrepreneur or company.
- The employer of a third-country citizen systematically carries out in the Member State of the European Union from where the third-country national is posted to the Czech Republic a real business activity, which is authorise by the competent authorities of this state.
If the above conditions are not met, it is probably an illegal circumvention of the law, where the posting is only purposefully invented so that the third-country citizen can avoid the Czech authorities having to allow him to work. In practice, each case is assessed individually, taking into account the specific circumstances.
The laws of the Czech Republic punish such conduct with a fine for illegal work and also expulsion of the third-country citizen. A third-country citizen can be deported with a ban on entering the entire European Union for up to 5 years.
Details are available here (334.91 kB).
V. Information for Czech employers posting workers to another EU Member State
Information obligation of users to the employment agency which temporarily assigned employees to work (Section 309a of the Labour Code).
The user has an information obligation to the employment agency, which has temporarily assigned employees to work (Section 309a of the Labour Code).
The user must inform the employment agency that has temporarily assigned an employee to work in good time that he will send this employee to work as part of a transnational provision of services in another Member State of the European Union; the information must include at least information on
- the place of employment of the posted worker in another Member State of the European Union,
- the work tasks to be carried out by the posted worker,
- the date the posted employee's work commences,
- the expected time of posting of the employee; and
- whether the posted employee replaces another employee whose period of posting is attributed to him in accordance with Section 319a(3).
Holidays and foreign holiday cash registers
With the effective date from 1.1. 2021 employees who have been posted to work in a transnational provision of services to another Member State of the European Union will not be entitled to compensation of wages or holiday pay to the extent that he is entitled to holiday pay under the legislation of the Member State to which he was posted.
VI. Other related information
Obligations related to the stay
Posted workers whose length of stay in the Czech Republic exceeds 30 days must report to the relevant department of the Foreign Police. Details are here: Foreign Police
Social security coordination
Posted workers usually remain insured in their home country, but it depends on them and the agreement with the employer. If the worker wishes to keep his/her medical and social security in your home state, you must apply for an A1 form. If the Czech Republic is the home country, the application should be addressed to the Czech Social Security Administration. An A1 form may be issued to a worker if the period of posting is less than 24 months and the other conditions laid down in Regulation (EC) No 883/2004 are met. Details on the possibility of maintaining social and health insurance in the home state during posting can be found here possibly on the European Commission website: here
Details about health insurance are here: Health Insurance
Tax issues are resolved in double taxation treaties. Their lists are available here: list of treaties
Information on broadcasting in the territory of the EU member states can be found on the official website Your Europe.
Guides and publications on posting workers:
VII. Do you have other questions?
Ministry of Labour and Social Affairs
Na Poříčním právu 1/376,
128 01 Praha 2
Contact person in charge of handling requests for information:
phone No.: (+420) 221 923 349
FAQs on posting of workers