Who has free access to Czech labor market?
Czech Labor Market
What does it mean to have free access to the Czech Labor Market?
To put it simply, it means you can be legally employed here in the Czech Republic without any job permit or an employee card.
Who has free access to the Czech Labor Market and can work in the Czech Republic?
Basically, everyone can work in the Czech Republic, but of course, there are different conditions for every person, depending on their residency status, visa, nationality, occupation, etc. Let’s see the most common examples below.
If you are an EU citizen, then you have completely free access to the Czech Labor Market.
You just have to make sure that your employer reports it to the Employment Department before the day you start working on. The law says that you do not need any type of job permit if you are EU family member.
EU family members
If you are a citizen of a third country, but you have a residency of an EU family member, then you are considered as an EU citizen, when it comes to the employment process.
The Law About Employment | The Law No. 435/2004 Coll. + paragraph§ 3 par. 2 and 3) says that
(2) Citizen of another EU state and his family member have the same legal status in the legal relations regulated by this Act as the citizen of the Czech Republic
(3) The family members of a Czech Republic citizen, who are not even a citizen of another EU state, have the same legal status in the legal relations regulated by this Act as the citizen of the Czech Republic.
Most common cases:
The same rules as for the EU citizens to apply here.
If you are a student from a NON-EU country and want to work during your studies, it is possible if your visa purpose of staying in the Czech Republic is “study”. However, working here cannot be the main purpose of your stay here and it should not limit your studies. Your employer is also obliged to report your employment to the Employment Department. If you are a student, but your purpose of staying is “others”, then your employment is illegal.
Czech diploma holders
If you graduated here in the Czech Republic then you also have free access, but you need to remember that at the moment you graduate, your visa with the purpose of “study” will expire. To avoid this, it is necessary to apply for a residency permit and an employee card before you graduate.
Family reunification purpose
If you stay in the Czech Republic with the purpose of family reunification, then you have to make sure that your permit is “family reunification” (code 95), and not just “family” (code 17).
And what is the difference between these 2 types? According to the law, there is no difference, but the Ministry of Interior set these 2 types as different.
Due to the employment, you can work on both types, because the Employment Department doesn’t see a difference in these 2 types, but keep in mind some employers may see a problem with this.
Ukrainian Citizens with refuge status
All Ukrainian citizens who moved to the Czech Republic after late February 2022 have free access to the Czech Labor market.
The law also specifies some other cases:
The Law About Employment | Law no. 435/2004 Coll. + paragraph § 98
- a permanent residency holder
- a family member of a member of a diplomatic mission, consular authority, or a family member of an employee of an international government institution with a residency in the Czech Republic
- the one who is a refugee or received an additional/temporary protection
- sportsperson, artist, an employee of the university or a teacher, a student of accredited programme, …
- the one who is stated in the proclaimed international agreement
- a member of the emergency unit and helps due to an international agreement about mutual help
- employee in the international logistic or transport branch who has been officially sent to the Czech Republic by his foreign employer
- accredited journalist
- a soldier or a civil employee of defensive forces
- the one who prepares himself for future employment in the Czech Republic (§ 5),
- the one who was sent to the Czech Republic with the purpose of providing the services to a company with a residency in another EU country
- the one with a long-term residency permit with the purpose of family reunification
- the one who has a long-term residency permit of another EU country
- the one who carries out a continuous study of accredited programme or a scientific activity in the Czech Republic
- the one who got a high school or a college degree in the Czech Republic on accredited programme
- the one who has a long-term residency permit with the purpose of protection in the Czech Republic
- the one who is a clergyman of a church registered in the Czech Republic
- a holder of a residence permit for an intra-corporate transferee who was sent by another EU state
- the one whose work in the Czech Republic is of interest to the Czech Republic
“Fikce” of a temporary residency as a family member of the Czech Republic
If you applied for this type of permit, but you want to start working immediately and you do not want to wait for a day you can collect your residency certificate, then here is an option of the Ministry of the Interior giving your application a “fikce”, which means you can get employed in the same way as if your application was already approved. BUT! Your “fikce” is active only in the time period you are waiting for the results of your application. For this, you will only need to show your passport during the application for this type of residency permit.
If nothing above-mentioned applies to me?