Posting of workers from EU member states to Czechia

This article provides an overview of the simplified procedure for posting an employee from a business located in one EU Member State to another EU Member State (Czechia) to provide services for a temporary period. This procedure is based on Directive 96/71/EC, commonly known as ‚ The Posted Workers Directive'.

Reporting obligation

Business posting their employee to Czechia must inform the Labour Inspection Office (instead of the Labour Office) on the start date the latest.

The notification must be submitted via an interactive online form connected to a newly established electronic database of all posted workers in Czechia. Moreover, instead of having to keep the employment contract at the workplace, the employer will upload its electronic version (with translation into Czech language) as an attachment to the interactive online form.

In case the posting assignment is terminated on a different date than originally reported, the employer should inform the Labour Inspection Office about the new final date within 10 calendar days from termination at the latest.

Time limitation of posting

Posting a worker is considered as temporary and the worker is expected to return to the posting employer after completing his/her assignment, within 12 months at the latest (with possible extension).

Third-country nationals are limited to posting for max. 90 days within every 180 days (which is the maximum period for which a holder of a long-term residency permit or visa in one EU country can reside in another EU country without requiring any residency permit). Should the posting in Czechia last longer than 90 days, a residency permit or long-term visa needs to be obtained from the Czech Ministry of Interior.

Short business trips (such as participation in seminars, conferences, meetings, trade fairs, training sessions, and other business travel that does not involve the provision of services) are not considered postings within the meaning of EU regulations. Therefore, the notification obligation and the measures set out in Article 9 of Directive 2014/67/EU (Enforcement Directive) do not apply to such trips.

In the notification, a foreign employer is obliged to provide the following information:

• Company name
• State of establishment
• Registered office address of the employer
• Tax identification number, or if not assigned, the registration number in the Member State of establishment
• Full name of the posted worker
• Date of birth of the posted worker
• Type and number of the posted worker's identity document
• Nationality of the posted worker
• Specification of the basis on which the worker is posted
• Date of commencement of the posting
• Expected date of completion of the posting
• If applicable, a justified extension of the posting beyond 12 months
• Nature of the service provided or classification of the economic activity
• Name of the service recipient
• Indication of whether the recipient is a legal or natural person
• Registered office or residence address of the service recipient
• Tax identification number, or if not assigned, another identification number
• Workplace address of the posted worker, if different from the service recipient's registered office address
• A copy of documents proving the existence of the employment relationship of the posted worker; if these documents are in a language other than Czech or Slovak, a translation into Czech must also be provided.

Conditions of employment of posted workers

The business posting a worker to Czechia must ensure that the worker's employment conditions will be compliant with Czech law (such as maximum work periods, minimum rest periods, minimum paid annual leave, remuneration, non-discrimination, reimbursement of travel costs, etc.).

Non-compliance

A fine up to 100 000 CZK can be imposed for omitting the reporting obligation.