WHAT AM I ENTITLED TO AS AN ILLEGAL EMPLOYEE?
Can I refuse the required work due to poor working conditions, high work demands etc.?
Yes. No one can be forced to inhuman treatment. All foreigners enjoy basic human rights in the Czech Republic, which are protected by the state through laws.
What if my employer takes me "for a test" before concluding the contract?
The Czech legal system does not recognize the term “work for a test”, for this purpose the institute of probationary period serves, which can be agreed, for example, in the employment contract; you are entitled to a salary for probationary period.
How can I collect the agreed and unpaid remuneration?
In such a situation, the procedure would first be to prepare a call for payment to the employer, to point out the high penalties for illegal employment and other consequences (the obligation to pay supplements to state budgets etc.). If the employer is subsequently legally fined for illegal employment, he is obliged to pay you the outstanding remuneration in a certain amount.
An employer who has been legally fined is obliged to pay outstanding remuneration, outstanding general health insurance premiums, including penalties, outstanding social security premiums, including penalties, and costs related to the delivery of outstanding remuneration, including to your home state.
You can contact the employment office in case of insolvency of the employer (link to the web: https://www.uradprace.cz/web/cz/krajske-pobocky).
How can I terminate my employment if I have / I do not have a contract?
If you have an employment contract with your employer, you can only terminate your employment by agreement, termination, immediate termination, expiration or probationary termination. All methods must be in the form of a written document. More information, for example, here: http://www.jobmanual.cz/cs/pracovni-pravo
If you and your employer have an agreement to complete a job or an agreement to perform work, the manner of termination of the relationship can be agreed in this agreement, otherwise this relationship may end with an agreement, notice or immediate termination. Termination of ACJ or APW can be given, unlike termination of employment, for any reason or without reason.
If you do not have an employment contract or other agreement with your employer and if your employment relationship ends overnight, it is more difficult for you to effectively invoke legal protection from your position as an employee performing illegal work that is prohibited in the Czech Republic.
Am I entitled to a period of notice?
Notice period is an institute protecting employees in the regime of the Labour Code. Without a valid employment contract, an agreement to complete a job or an agreement to perform work, it is more difficult to effectively invoke the legal protection provided by the Labour Code to employees in the area of notice.
Where can I turn for help in an emergency?
If you need advice in connection with your stay in the Czech Republic, e.g. regarding health care, the labour market, or you need the help of a lawyer, you can use professional social or legal advice offered by organizations dealing with foreigners - an overview is here: http: // www.pracevceskerepublice.cz/index.php/pruvodce-2-2/. For the territory of the capital city of Prague, there is a portal https://icpraha.com/, which provides legal advice services for foreigners, as well as other services. For foreigners from third countries, the services are usually free.
If you believe that an employer is violating your rights, contact the State Labour Inspection Authority (web link: http://www.suip.cz/). You can also submit an initiative to inspect the employer (prior consultation with experts from the State Office of Labour Inspection, integration centers or non-governmental non-profit organizations /hereinafter referred to as "NGOs"/ is recommended).
If you are in a crisis situation where your rights are seriously violated by your employer, please contact the following NGOs: La Strada (link to the web: https://www.strada.cz/cz/o-nas), Archdiocesan Charity Prague (link to the web: https://praha.charita.cz/), Diakonie ČCE (link to the web: https://www.diakonie.cz/) or to specialized workplaces of the Ministry of the Interior (link to the web: https: //www.mvcr.cz/clanek/potrebujete-pomoci-nebo-poradit-jste-v-nouzi-nevite-jak-vyresit-svou-situaci.aspx).