Posting of Workers

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.

 

Important notice: CHANGES TO POSTING COMMUNICATIONS

As of 1 July 2024, new rules apply to the obligation to communicate the posting of workers to the Czech Republic in the context of the transnational provision of services.

 

Communications concerning postings after 30 June 2024

Postings of workers to the Czech Republic starting after 30 June 2024 can only be communicated via the registration portal available on this website.

As of 1 July, if the posting employer communicates the commencement of the posting only to the relevant regional branch of the Employment Office of the Czech Republic, the notification obligation will be deemed not to have been fulfilled. Only communications submitted via the new registration portal will be valid.

After 1 July 2024, the online form for commencing/terminating a posting will no longer be available on the Ministry of Labour and Social Affairs (MLSA) portal.

The PDF form for communicating the commencement of a posting will also be withdrawn from the MLSA portal.

 

Postings which were communicated to the Employment Office of the Czech Republic by 30 June 2024 – termination, extension or changes

As of 1 July, only communications regarding the termination, extension or change to the posting of a worker initiated before 30 June 2024 can be made to the Employment Office of the Czech Republic.

There are two ways to terminate and change a posting communication:

  • via the new registration portal (however, with this method, the communication of the commencement of the posting must be added retrospectively);
  • sending a completed form in writing to the relevant branch of the Employment Office (only in PDF format) to terminate or change a posting already communicated to the Employment Office of the Czech Republic. Any communications regarding the termination of or change to a posting can be made until 31 December 2024, with any extension of the date to be specified in due course.
The PDF form for communicating a termination of or change to a posting is available at Notification of posting worker by undertaking established in EU (mpsv.cz).

 

Information about work and wage conditions of employees posted according to Directive 96/71/EC in the Czech Republic

The EU directives governing the posting of workers to another Member State:

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. Notification obligation of a foreign employer when posting workers to the Czech Republic

The Employment Act (§ 101a)) provides that: if an employee posted as part of the transnational provision of services by an employer established in another EU Member State starts performing work in the territory of the Czech Republic, the foreign employer is obliged to notify the State Labour Inspection Authority of this fact through the information system no later than on the day on which the posted employee starts working, in accordance with the specification, format and structure published by the State Labour Inspection Authority.

The State Labour Inspection Authority must keep records for the purpose of fulfilling the notification obligation.

The foreign employer is obliged to communicated the change in information no later than 10 calendar days from the date on which the change occurred or when it became aware of it.

The employer is also obliged to communicate the end of the employee’s posting in the territory of the Czech Republic within 10 calendar days at the latest; this obligation does not apply if the employee’s posting in the territory of the Czech Republic ended on the date originally communicated by the employer.

Link to the Registration Portal 

Information on Posting Form - available here

Branches of the Labour Office of the Czech Republic - contact addresses available here

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.

Last updated: 28.6.2024

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:

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.


Special regulation of liability for wages, salaries and remuneration from agreements in the construction industry

As of 1 January 2024, legislative changes were made to the Labour Code repealing Section 319(3) on the liability of the service recipient for payment of remuneration of the assigned worker, which was replaced with a new Section 324a. More information is available here (107,26 kB).

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.

Regulation for Road Transport Sector

The transposition of the so-called "lex specialis" on the application of rules for posting workers in the transport sector changes the rules in the road transport sector. For more information see here.

Last updated: 18.1.2024

Posting of Workers - How to claim your rights?

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

Informing employees posted to another EU Member State

The information that the employer is obliged to inform the employee in writing if the employee is posted to the territory of another state is set out in Section 37a of Act No. 262/2006 Coll., as amended and effective from 1 October 2023.

If the following information is not included in the employment contract, the employer is obliged to inform the employee about it. It includes:

  • the country in which the work is to be performed
  • the expected duration of the posting to the territory of the other state
  • the currency in which the wages or salary will be paid
  • the monetary or material consideration to be provided by the employer in connection with the performance of the work
  • whether and under what conditions the return of the employee is assured

Where an employee is posted to perform work in another EU Member State in the context of the transnational provision of services, the employer must inform the employee in writing of:

  • the remuneration for the work to which the employee is entitled under the legislation of the host state
  • the conditions for the provision of travel allowances in connection with the performance of the work and other benefits provided by the employer in connection with the secondment
  • a link to the official national Internet address established by the host Member State

Where the period of posting does not exceed 4 consecutive weeks, the employer is not obliged to communicate the above information in writing to the employee.

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

  1. the place of employment of the posted worker in another Member State of the European Union,
  2. the work tasks to be carried out by the posted worker,
  3. the date the posted employee's work commences,
  4. the expected time of posting of the employee; and
  5. 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

Income tax

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?

Contact the HelpDesk of the Ministry of Labour and Social Affairs

FAQs on posting of workers

Last updated: 28.6.2024

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