HOW TO KNOW IF I AM OR I AM NOT A LEGAL EMPLOYEE?
If my work in the Czech Republic is arranged by an employment agency, does this mean that it automatically handles all the necessary permits and authorizations for me? What will the agency arrange for me?
No. The agency can help you find a job, arrange a residence permit, work permit, health insurance, accommodation and other services, but you are responsible for this.
What does it mean that I can only perform work within the scope of the issued authorization?
If you do not have free access to the labour market, the issued authorization is linked to a specific type of work activity, a certain wage and place of work. If you want to change this data (perform a different type of work than the one for which the permit is issued, or elsewhere, under significantly different salary conditions), you must apply for approval from the Ministry of the Interior or issue a new work permit at the regional branch of the Labour Office.
What effect does it have on my job if I reside in the Czech Republic on the basis of a short-stay visa permit on the basis of visa-free travel?
If you are a third-country citizen from a country which is exempted from the visa requirement for short-stays, you can stay in the Schengen area for a maximum of 90 days in any 180-day period. The exemption from the visa requirement for short-term stays does not apply to third-country citizens who want to be gainfully employed in the Czech Republic.
An exception of when a gainful activity can be carried out are cases of:
a performer, pedagogical worker, academic worker of a university, scientific, research or development worker who is a participant in a scientific meeting, pupil or student under 26 years of age, athlete or person who provides supplies or services in the Czech Republic or who supplies these goods or performs assembly on the basis of a commercial contract, or performs warranty and repair work. However, the performance of gainful activity in the territory of the Czech Republic may not at the same time exceed 7 consecutive calendar days or a total of 30 days in a calendar year;
a member of a rescue team providing assistance under an intergovernmental agreement on mutual assistance in dealing with the consequences of accidents and natural disasters, and in cases of humanitarian aid;
an employee in international transport, if thez are sent to perform work in the Czech Republic by their foreign employer;
persons accredited in the field of media;
military or civilian personnel of the armed forces of the sending state;
a clergyman of a church and a religious society registered in the Czech Republic;
a foreigner who is sent to the territory of the Czech Republic by their foreign employer on the basis of a contract with a Czech legal or natural person, exclusively for the purpose of deepening this foreigner’s skills and qualifications needed to perform work with this foreign employer outside the Czech Republic;
persons travelling exclusively for the purpose of business dealings in the territory of the Czech Republic.
Do I pay taxes / levies myself or does my employer pay them for me?
Taxes should be paid by the employer on your behalf, from the day of starting work. Income tax, social security contributions and health insurance premiums are paid from the salary. If your employer deducts these payments from your salary, it is a signal that you are probably a legal employee, but you cannot rely on it.
Do I have to tax the money I earn in my home country subsequently?
The Czech Republic has an agreement about avoidance of double taxation with the following countries: https://www.mfcr.cz/cs/legislativa/dvoji-zdaneni/prehled-platnych-smluv. If your state is among them, your earnings are taxed only in the state that is the source of income.
How do I know that the employment agency in the Czech Republic that employs me is an illegal agency?
You can find a list of legal employment agencies here: https://www.uradprace.cz/web/cz/agentury-prace. If anyone else offers you these services in the Czech Republic, it will not be a legal employment agency. The employment agency cannot charge you any fees (for job placement, deductions from wages, etc.).
If I am an employee of a company that is based in another EU member state and that pays social and health insurance for me, can I also work in the Czech Republic?
If your employer sends you to the Czech Republic to provide services, you may work in the Czech Republic without additional authorization.
Who is responsible for hiring an illegal worker, or more precisely for performing illegal work?
The responsibility lies with both employers and employees. The employer may receive a fine of up to CZK 10,000,000; fines and other risks for illegal employees can be found in the section “Risks of illegal employment.
If I obtain a long-term residence permit in the Czech Republic, what does this permit allow me in relation to other states in the Schengen area?
The right to long-term residence in the Czech Republic also entitles you to movement and short-term non-profit residence (for a maximum of 90 days in any 180-day period) in other Schengen states.