Notice about international workers in the EU: New laws will come into force in the Czech Republic in July
29.05.2024
29.05.2024
The obligations for notifying a foreign worker or EU citizen are changing. You can now submit such notifications only in XML format. Additionally, it introduces three different reporting methods, as well as entirely new concepts.
Starting in July 2024, the Czech Republic will require electronic communication to meet businesses’ information responsibilities when employing international workers.
Although the changes will take effect in the middle of the year, employers can begin using the new approach right away. Testing made this possible.
As an employer, you can consult with 360WEDO specialists on how to correctly submit employee information in your case.
How will electronic notification of the employment of foreigners be carried out?
Following Article 87(4) of the Employment Law, the Ministry of Labor and Social Affairs has issued a new rule (No. 117/2024) requiring businesses to meet information responsibilities when hiring foreign workers through electronic communication. This is due to the introduction of automated processing and information interchange to reduce manual labor by Czech Employment Office personnel and employers. This task will be completely digitalized in the future.
Until June 30, 2024, employers can use the existing notification form to inform them of the hiring of a foreigner or employee who is a citizen of another EU state (or a foreigner with an exception under § 98 of the Hiring Act). You can accomplish this by either submitting a paper form or completing one on the Ministry of Labor and Social Affairs website (employment section). These forms must then be manually transcribed by a job center staff and entered into a central database. However, beginning July 1, 2024, the procedure will change substantially.
Employers in the Czech Republic will be able to send information via one of three digital channels:
- by filling out the form on the website,
- by sending an XML file from your software to the email data box of the Employment Office of the Czech Republic
- by directly integrating its information system with the MLSA interface, a direct calling service based on the GovTalk standard.
It is necessary to adapt sufficiently to the new submission methods, which is why the Ministry of Labor and Social Affairs has already made it possible to submit reports using these methods. This happens via the department’s website (Informační karty a sdělení při zaměstnávání cizinců).
How GovTalk works
According to the GovTalk standard, one of the digital channels is a direct call. Employers who send reports via email will not need this service.
GovTalk will only be used by employers who are registered with the District Social Security Office to submit an electronic return for employers (submitted with a recognized electronic signature via VREP/APEP). The Czech Social Security Administration’s website provides more detailed information about this method of filing a declaration.
The Employment Office of the Czech Republic transmits information to its regional office via the direct call service, adhering to the GovTalk standard (as per the Regulation).
a) Authentication and electronic signature of data for the service are carried out exclusively with the help of a qualified certificate registered with the Czech Social Security Administration.
b) You must enclose the data in a GovTalk format envelope for submission through the Direct Call service.
c) The data proposal must be in XML format.
d) It is imperative to follow the envelope structure, which is published and explained on the Ministry of Labor and Social Affairs website.
Notification Requirements
Employers are required to notify the relevant regional office of the Czech Employment Office no later than the commencement date when hiring:
- Citizens of the European Union
- Family members of EU citizens
- Foreign nationals specified in sections 98(a)-(e), (j), and (l)-(s), as well as section 98a of the Employment Act, who do not require a work permit
- Foreign nationals who do require a work permit
Furthermore, employers must notify the authorities within ten calendar days if, during employment, a foreign worker no longer requires a work permit, employee card, or blue card.
Notifications and Information Card – New Concepts
The principle of notification for employment will be based not only on new reporting methods but also on new concepts. This is the Information Card (Informační karta) and Notification(Sdělení).
The Information Card is used to report the employment, changes, and termination of employment of EU/EEA and Swiss citizens, their family members, as well as foreigners who have free access to the labor market, i.e., do not need a work permit (for example, citizens of Ukraine with temporary protection, foreigners with permanent residence, etc.).
Foreigners who require a work permit, as well as holders of a labor card, blue card, or work permit, use notifications to inform them about the entry, change, and termination of employment.
Simplification for Information Cards and Notifications
An EU/EEA and Swiss citizen or a member of their family, as well as a foreigner who does not require a work permit (for example, a Ukrainian citizen with temporary protection), will report their employment on the Information Card. For the information card agenda, only one form is used, which reports both the entry and exit of the employee. If the employer provides the date of dismissal upon entry (for instance, in a fixed-term contract), they eliminate the need for another card.
On the other hand, for foreigners, the employer sends a Notice of Entry to a foreign work permit holder for employment, secondment, or intra-corporate transfer. Upon dismissal, the employer sends a notice of termination of employment, business trip, or intra-corporate transfer of a foreign citizen with a work permit.
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