New rules for notification of employment of foreign citizens

Effective July 1, 2024, all employers in the Czech Republic hiring foreign workers must submit their reports electronically, as paper-based submissions will no longer be accepted. This requirement applies to companies of all sizes and industries.

The Ministry of Labor and Social Affairs has introduced this change to streamline the hiring process and ensure compliance with the amended Section 87 of the Employment Act. Employers who fail to submit electronic reports or information cards will be deemed in violation of the law.

Three Reporting Methods

Employers must submit information exclusively via one of these three digital channels:

1. Online Form

Employers can fill out an online form on the Ministry of Labor and Social Affairs website. To access the form, employers must log in using an electronic data box.

2. XML File Submission

Employers can send an XML file generated from their payroll program to a designated data box of the Czech Labour Office: 2akmgv5. Only one XML file can be included per message.

To create the XML file, employers can use the provided XML editor. This tool allows generating the necessary XML file format for submission to the Czech Labour Office.

3. Direct Integration

Employers can integrate their information system directly with the Ministry of Labor and Social Affairs interface. This is done by making a direct call to the service based on the GovTalk standard.

Authentication and electronic signing of data for the service must be performed using a qualified certificate registered with the Czech Social Security Administration (VREP/APEP). When sending data via a direct service call, the XML data sentence is inserted into a GovTalk format envelope.

Employers must adhere to the published envelope structure guidelines available on the Ministry of Labor and Social Affairs website.

Arrival Notification and Information Card

The arrival notification process is based on new notification methods and concepts, specifically the information card and the notification itself.

The information card is used to report the start, change, and termination of employment for EU/EEA and Swiss citizens, their family members, as well as foreigners who have unrestricted access to the labor market and do not require a work permit. This includes, for example, Ukrainian citizens granted temporary protection and foreigners with permanent residency.

On the other hand, the notification is used to report the start, change, and termination of employment for foreigners who do require a work permit.

Foreigners from the “White List”

As of July 1, 2024, citizens from Australia, Japan, Canada, the Republic of Korea, New Zealand, Singapore, the United Kingdom, the United States, and Israel will no longer need a work permit, employment card, or blue card to work in the Czech Republic.

Previously, workers from these countries primarily utilized blue cards, as they typically held specialized jobs requiring higher education or university degrees. With this change, they will not need a work permit. However, a unique situation has arisen: while these foreign workers are exempt from needing a work permit, employers are currently not required to report their employment (unlike other foreigners listed in the exceptions under Section 98 of the Employment Act).

During the transitional period from July 1 to December 31, 2024, there is no obligation to report these workers, and failure to do so will not be considered an offense. Starting in 2025, employers will be required to submit information cards for these employees in accordance with Section 98 of the Employment Act.

Currently, employers can voluntarily fulfill their reporting obligations for foreign workers from the aforementioned countries until December 31, 2024, using an information card. Beginning January 1, 2025, reporting for these workers will become mandatory via the information card.

The Czech Ministry of Labor and Social Affairs recommends this procedure on its website, where it addresses various questions from employers regarding the new method for registering foreign workers.

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Source: https://www.podnikatel.cz/clanky/pro-zahranicni-zamestnance-nove-pouze-informacni-karta-nebo-sdeleni/