Změny v oblasti zaměstnávání cizinců v souvislosti s novelou zákona o zaměstnanosti

Changes in the area of employment of foreigners in connection with the amendment to the Employment Act

On 1 July 2024, an amendment to Act No. 435/2004 Coll., on Employment, comes into legal force andintroduces several important changes in the area of employment of foreigners.

Citizens of the following countries will gain free access to the Czech labour market: Australia, Canada, Israel, Japan,New Zealand, the Republic of Korea, Singapore, the United Kingdom of Great Britain and Northern Ireland and the United States of America. However, free access to the labour market does not allow employment on a visa-free basis. Therefore, it will still be necessary for these foreign nationals to secure a valid residence permit and apply for it in the standard way. Free access to the labour market will also allow foreigners to benefit from a simplified regime in connection with notification of a change of employer or job classification.

Another change concerns the length of the labour market test for job vacancies that can be filled by employee card holders. The labour market test may be completely waived as of 1 July 2024 in case of low unemployment rates. Vacancies will be published for a maximum of 6 months from the date of the announcement to the Labor office. After this period, the vacancy will be automatically removed from the register and the employer will have to notify the Labour Office again.

The last important change is the digitalisation of the employer's information obligation in connection with the employment of foreigners. Employers will now be obliged to deliver required information to the Labour Office only via data message to a data box designated by the Labour Office, by filling in a form on the website of the Ministry of Labour and Social Affairs or by using an information system that will connect the employer with the interface of the MLSA.

If you have any questions, please contact the authors of this article or the EY tax team with whom you regularly work.

Autorky:
Eva Babincová

Michaela Poláková