Act No. 101 / 2014 Coll.
Act amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, Act No. 435 / 2004 Coll., on Employment, as amended, and other related laws
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Effective from 24.06.2014
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101
THE LAW
of 23 April 2014
amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, Act No. 435 / 2004 Coll., on Employment, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the residence of foreigners in the Czech Republic
Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended by Act No. 140 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 217 / 2002 Coll., Act No. 428 / 2003 Coll., Act No. 436 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 136 / 2006 Coll., Act No. 161 / 2006 Coll., Act No. 165 / 2006 Coll.
1. In Article 30, at the end of paragraph 1, the sentence "A visa for stay over 90 days may not be granted for employment purposes' is added.
2. Paragraph 31 (2) is deleted.
Paragraphs 3 to 8 shall be renumbered paragraphs 2 to 7.
3. In Paragraph 31 (2) (d), "5 'is replaced by" 4'.
4. In the third sentence of Article 31 (6), the words "guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider (" recognised electronic signature ')' are replaced by "recognised electronic signature '.
5. in § 35 (2), first and second sentences, § 42 (3), second sentences, § 42b (4), § 42c (3) (e), § 42c (4) and (6), second sentences, § 42d (2) (d), § 42f (3) (d) and in § 42j (1) (e), the words "§ 31 (5)" shall be replaced by "§ 31 (4)."
6. In Paragraph 35 (2), the second sentence is deleted.
7. Paragraph 42a (2) is deleted.
Paragraphs 3 to 8 shall be renumbered paragraphs 2 to 7.
8. in Paragraph 42a (6) (b), the words "paragraph 3 (a), or for at least 1 year and holding an authorisation issued under Paragraph 42g (3) (b)" shall be deleted;
9. In Article 42c (4), the first sentence is replaced by the following: "The applicant shall be obliged to submit a contract of employment, employment agreement, work agreement or future contract in which the parties undertake to conclude a basic employment relationship within the agreed period and the formalities referred to in Article 31 (1) (a), (d) and (e)."
10. Sections 42g and 42h, including the headings and footnotes No 49, read:
Employee Card
(1) An employee card means a long-term residence permit enabling a stranger to stay temporarily in a territory of more than 3 months and to work in the employment position for which the employee card was issued or in a post for which the Ministry's approval has been granted pursuant to paragraph 7. An alien who is required to be employed under the Employment Act or who is referred to in Section 98 of the Employment Act authorises an employment card to reside in the territory for the purpose of employment 49).
(2) An application for an employee card may be made by an alien if:
(a) the purpose of his stay in the territory of employment is to one of the posts listed in the central register of vacant posts for the holders of an employee card;
(b) conclude a contract of employment, a contract of employment or a contract of future contract in which the parties undertake to conclude, within the agreed time limit, a contract of employment or an agreement of employment containing a provision indicating that, irrespective of the extent of the work, the monthly salary, salary or remuneration of the alien shall not be less than the basic rate of the monthly minimum wage; the weekly working hours in each basic employment relationship must be at least 15 hours; and
(c) has the competence to pursue the required employment and this condition arises from the nature of the employment or is laid down in an international contract, in particular:
1. has the required education; in justified cases, in particular where there is reasonable doubt as to whether the alien has the required education or whether the training corresponds to the nature of the employment, he is obliged to prove, at the request of the Ministry, that his foreign education has been recognised by the competent authority of the Czech Republic,
2. has the required professional qualifications, if required under special legislation35), and
3. meets the conditions for the pursuit of a regulated profession, if applicable.
(3) In addition, an application for the issue of an employee card shall be authorised by a stranger to whom an employment permit is issued at the given employment position, if required under the Employment Act, and the alien fulfils the condition set out in paragraph 2 (b). A stranger who, in his capacity as a partner, a member of a statutory body or another commercial body, or as a member of a cooperative or a member of a statutory body or another body of a cooperative, carries out for that legal person the tasks arising from the subject of his activity, is entitled to apply for an employment card if he has been authorised to work.
(4) The alien referred to in Section 98 of the Employment Act is entitled to apply for an employment card if he fulfils the condition set out in paragraph 2 (b).
(5) An application for an employment card shall be lodged at the representative office. During the stay in the territory on a visa for a stay of more than 90 days or on a long-stay permit issued for other purposes, the alien may apply for the issue of an employee card to the Ministry.
(6) The Ministry shall issue an employee card to a stranger if the conditions set out in paragraph 2 (b) are found to be fulfilled. (b) and (c) and the Labour Office of the Czech Republic - a regional branch or a branch for the capital city of Prague has issued a binding opinion that further employment of a stranger may be permitted because of the situation in the labour market, if it is a stranger not mentioned in paragraph 3 or 4; and
(a) stay in the territory on the basis of a visa for stay over 90 days;
(b) is already employed in the territory and has been granted a permit for employment for these purposes, although no employment card is required under the Employment Act; and
(c) apply for the issue of an employment card with the same employer and for the same job position as it already carries out.
(7) The change of employer or employment of the holder of the employee card or the employment of a stranger to another job or to another employer shall be subject to prior approval by the Ministry. The Ministry shall, at the request of the holder of the employee card, give consent to the change if the conditions set out in paragraph 2 are met and if there are no grounds set out in Paragraph 56, except for the reason set out in Paragraph 56 (1) (f). The application for consent to the amendment according to the first sentence shall be subject to the requirement of Article 42h (1) (c) and to the requirement of Article 42h (1) (d) where another competence is required for the performance of the required employment or where the evidence to which he has demonstrated competence in issuing the employee card has expired.
(8) Paragraph 7 shall not apply where a foreigner referred to in Paragraph 98 of the Employment Act or a foreigner to whom a new employment permit is issued under the Employment Act is required; the alien is obliged to notify the Ministry of this fact within 3 working days of the date on which it took place in the event of a change of employer or job assignment or employment in another job or another employer.
Forms of application for an employee card
(1) An alien is obliged to submit an application for an employee card
(a) the particulars referred to in Article 31 (1) (a), (d) and (e);
(b) upon request, the particulars referred to in Article 31 (4),
(c) a contract of employment, a contract of employment or a contract of future contract satisfying the conditions set out in Paragraph 42g (2) (b);
(d) evidence of professional competence for the performance of the required employment as referred to in § 42g (2) (c) if the application is made pursuant to § 42g (2) or the stranger referred to in § 42g (6);
(e) a permit for employment if the application is made pursuant to Paragraph 42g (3); and
(f) a document proving that it is a foreigner referred to in Section 98 of the Employment Act, if the application is made pursuant to Section 42g (4).
(2) Before issuing a visa for a stay of more than 90 days for the purpose of taking over an employment card, the alien shall be required to submit a travel sickness insurance document which complies with the conditions set out in Paragraph 180j, for the period of stay from the date of entry into the territory until it is covered by insurance under the special legislature33) and, on request, proof of payment of the insurance referred to in the travel sickness insurance document; This does not apply if the cases referred to in Paragraph 180j (4) are concerned.
49) Directive 2011 / 98 / EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single residence and work permit in the territory of a Member State for third-country nationals and on a common set of rights of workers from third countries legally residing in a Member State. ';
footnote 9 is deleted.
11. In Article 44, at the end of paragraph 1, the sentence "A foreigner who has applied for a long-term residence permit in the Ministry's territory and fulfils the conditions for the issue of a long-term residence permit shall be required to appear at the request to process the data necessary for the issue of a residence permit, including the acquisition of biometric data by a stranger and his signature, which is intended for his further digital processing; the signature shall not be issued if the aliens are prevented from performing it by a difficult obstacle. ';
12. in Article 44 (2) and in Article 106 (1) (b), the word "green" shall be replaced by "employee."
13. in Article 44 (4), point (e) is deleted;
Points (f) to (i) shall be renumbered as points (e) to (h).
14. in Paragraph 44 (6):
"(6) The employment card shall be issued for a period for which the employment contract or employment agreement has been concluded but for a maximum period of 2 years; in the case of a stranger referred to in § 42g (3), the employee card shall be issued for the period of validity corresponding to the period specified in the employment permit. ';
15. in Paragraph 44a (1) (b), "(e) to (i)" is replaced by "(e) to (h)."
16. in Article 44a (1), point (e) is deleted;
Point (f) shall be renumbered as point (e).
17. in the second sentence of Paragraph 44a (3), the words "paragraphs 3, 7 and 8" shall be replaced by the words "paragraphs 3 and 7" and at the end of the paragraph the sentence "Paragraph 47 (2) shall not apply to the entitlement to work at the post for which the card was issued."
18. in Paragraph 44a (5), in the sentence, the second words "or 8" and in the sentence, the third words "in cases where no employment permit is required under a specific legislation" shall be deleted, including footnote 9m;
19. in Article 44a (9) and (10):
"(9) The validity of an employee card may be renewed, subject to the conditions set out in Sections 42g (2) (b) and (c), Article 42g (3) or (4), for a period for which an employment contract or employment agreement has been concluded, but for a maximum period of two years; in the case of a stranger to whom an employment card has been issued pursuant to Paragraph 42g (3), the validity of the employee card shall be extended for a period corresponding to the period specified in the decision to extend the employment permit. An application for renewal of the employee card shall be submitted to the Ministry. The alien is obliged to submit the application
(a) the particulars referred to in Article 31 (1) (a) and (d);
(b) a contract of employment or a contract of employment meeting the conditions set out in Paragraph 42g (2) (b) for the period for which it applies for the renewal of the card;
(c) the decision to extend the employment permit if it is a stranger to whom an employment card has been issued pursuant to § 42g (3);
(d) evidence of professional competence for the performance of the required employment as referred to in Article 42g (2) (c), if it is a foreigner to whom an employment card has been issued pursuant to Article 42g (2), if the document by which the alien has demonstrated his competence to the Ministry in issuing the employee card has expired,
(e) upon request, the particulars referred to in Article 31 (4); and
(f) photographs in case of change of appearance.
(10) The Ministry will not extend the validity of the employee card if the alien does not fulfil the conditions set out in § 42g (2) (b) and (c), § 42g (3) or (4), or if there is a reason to initiate the procedure for the revocation of the employee card (§ 46e), and if the Office of Labour of the Czech Republic - Regional Branch or Branch for the City of Prague has given a binding opinion that further employment of a stranger cannot be authorised due to the situation on the labour market. "
20. In Paragraph 44a, the sentence "The foreign person who has applied for the renewal of the employee card shall be added at the end of paragraph 12, the Ministry shall, after obtaining biometric data, issue a certificate of compliance with the conditions for the renewal of the employee card. '.
21. in Paragraph 45, paragraph 3 shall be deleted;
Paragraphs 4 to 8 shall be renumbered paragraphs 3 to 7.
22. in Article 45 (5) of the introductory part of the provision, Article 45 (5) (b) and Article 45 (6), the words "paragraphs 4 or 5" are replaced by "paragraphs 3 or 4."
23. In the first sentence of Paragraph 46 (1), the words "and 4 'are deleted.
24. in Paragraph 46 (6):
"(6) Paragraphs 55 (1), 58 (3) and 62 (1) relating to long-term visas shall apply mutatis mutandis to the employee card. The Ministry will not issue an employee card
(a) for the reasons set out in § 56, except for the reasons set out in § 56 (1) (f);
(b) if the alien does not fulfil the condition set out in § 42g (2), (3) or (4); or
(c) where the application for the issue of an employee card is made by a stranger referred to in § 42g (6) and the Labour Office of the Czech Republic - the regional branch or branch for the capital of Prague has given a binding opinion that further employment of a stranger cannot be authorised due to the labour market situation. "
25. in Paragraph 46, paragraph 8 is deleted;
Paragraph 9 shall become paragraph 8.
26. in Article 46a (2), the word "or" and (l) shall be added at the end of point (k);
Point (m) shall be renumbered as point (l).
27. in Paragraph 46b (2) (d), "paragraph 9" is replaced by "paragraph 8."
28.
Cancellation of the employee card
(1) The Ministry shall cancel the validity of the employee card for the reasons set out in Paragraph 37 below and if:
(a) foreigners have not been recognised as a competent recognition authority (35);
(b) the employment of a stranger is terminated; in the event of the termination of employment of a foreigner, he shall give notice for one of the reasons set out in paragraphs 52 (a) to (e) of the Labour Code or by agreement for the same reasons or by immediate cancellation pursuant to Paragraph 56 of the Labour Code, the employee card shall be cancelled if the duration of the unemployment of a foreigner exceeds 3 consecutive months and the alien has not, within that period, requested the Ministry to grant consent pursuant to Paragraph 42g (7) or has not been granted that consent;
(c) the employment agreement is terminated; in the event of termination of the employment agreement by the employer, the employee card shall be cancelled if the duration of the unemployment period of the stranger has exceeded 1 month and the alien has not, within that period, requested the Ministry to grant consent under Paragraph 42g (7) or has not been given consent; or
(d) the employment permit has expired or the permit for employment has been withdrawn; in the event of termination of employment by a stranger, he shall give notice for one of the reasons set out in paragraphs 52 (a) to (e) of the Labour Code or by agreement for the same reasons or by immediate cancellation pursuant to Paragraph 56 of the Labour Code, the employee card shall be cancelled if, within three months of the day following the date of termination of the employment, the stranger has not requested or has not been given a new permit to work within that period by the Ministry to grant consent under Paragraph 42g (7).
(2) The Ministry, in its decision to revoke the employee card, shall set a time limit for leaving the territory and shall issue a travel order to the alien; the alien is obliged to leave the territory within the prescribed time limit. ';
29. in the second sentence of Paragraph 53 (1) and in the first sentence of Paragraph 169 (13), "(f)" shall be replaced by "(e)."
30. in Article 56 (1) (f):
"(f) the alien has applied for a long-stay visa for employment purposes; In writing, the Ministry shall instruct the alien, in accordance with paragraph 4, that he is entitled to apply for the issuance of an employee card, in the grounds for not granting a long-stay visa. ';
31. in Article 62 (2), the words ", employee cards, blue cards" shall be inserted after the word "worker."
32. Paragraph 93a shall be deleted, including the title.
33. in Article 104 (1) and (2), the words "from the territory of a State which is not a Contracting State" shall be inserted after the words "may not";
34. in Paragraph 106 (1), point (a) is deleted;
Points (b) and (c) shall become points (a) and (b).
35. in Articles 106 (1) (b), 107 (8) and 123 (4) (c) and (d), the word "green" shall be replaced by "employee."
36. In Paragraph 106 (5), the word "green 'is replaced by" employee', the word "Ministry of Industry and Trade 'is deleted and the word" green' is replaced by the word "employee '.
37. in Article 106 (6) and Article 107 (9), the words "employee cards" shall be inserted after the words "holder."
38. In Paragraph 106, the following paragraph 9 is added:
"(9) The State Labour Inspection Office and Regional Labour Inspectors shall immediately notify the Ministry of Employment in writing of a stranger without a residence permit, without a permit for employment, if required under the Employment Act, or in contravention of an employee card or a blue card; the State Labour Inspection Office and the Regional Labour Inspectorate shall immediately notify the Foreign Police Department of the Regional Police Directorate responsible for the place of employment of the alien. ';
39. in § 117a (3) (a) (5), "§ 42g (8)" is replaced by "§ 117b (4)";
40. In Article 117b, the following paragraph 4 is added:
"(4) The Ministry shall indicate in the residence permit licence an indication of access to the labour market; This shall not apply if the holder of the Blue Card is a resident of another Member State of the European Union or a permanent residence permit. ';
41. In Paragraph 127 (1) (b), the words "and the police shall not take a new decision within 3 days of the legal power of the judgment" shall be deleted.
42. in Article 157 (7), point (a) shall be deleted;
Points (b) and (c) shall become points (a) and (b).
43.In Article 157a (2), the second sentence is deleted.
44. in Paragraph 158 (1) (b), the following point 15 is added:
"15. Employers, place of employment and place of work of the holder of the employee card or blue card, ';
45. in Paragraph 158 (9), the following point (y) is inserted after point (x):
"(y) the employer, the place of employment and the place of work of the holder of the employee card or blue card,";
46. In Article 158a (8) of the Introductory Part of the provision, the words "employee cards' and" employee cards' and (a) and (e) are inserted after the words "staff cards';
47. in Article 160 (3), the word "or" shall be deleted at the end of point (c) and the following point (d) shall be added:
"(d) 3 years after the year in which the matter subject to registration was established in the case of data retained at the representative office, with the exception of file files of applications for short-stay visas, when the representative office decided not to grant the short-stay visa, its declaration of invalidity or its revocation, or ';
Point (d) shall be renumbered as point (e).
48. in Articles 163 (2) (c) and 164 (1) (k), the words "and enforce payment," shall be deleted;
49. in Article 165 (e), the words "and enforce their payment" shall be deleted;
50. in Paragraph 165 (n):
"(n) decide on the issue of an employee card and a blue card, extend or revoke the card and agree to a change of employer or to the employment assignment of the employee card holder or blue card,";
51.In Paragraph 165 (p):
"(p) is entitled to complete data on the processing of an application for an employee card and to add data on the processing of a blue card application in the central register of vacancies for blue card holders."
52. in Paragraph 168, the words "42g," shall be deleted;
53. In Paragraph 169, the dot is replaced by a comma at the end of paragraph 1 and the following point (h) is added:
"(h) within 60 days of the date on which the application for an employment card was lodged; within 90 days of the date on which the application for an employment card was made in particularly difficult cases or where the Ministry requested a binding opinion pursuant to paragraph 15. ';
54. in Article 169 (8) (a):
"(a) who has submitted an application for a long-term residence permit or an extension of a long-term residence permit, shall not, within a period or at the request of Article 44 (1) or Article 44a (12), appear at the Ministry for the processing of the data necessary for the issue of a residence permit or within a period of time referred to in Article 44 (3) or Article 44a (13), unless he has informed within that period that he is prevented from doing so by reasons independent of his will.";
55. In Article 169, the following paragraph 15 is added:
"(15) In deciding on the application for renewal of the employee card, the Ministry will request a binding opinion from the Labour Office of the Czech Republic - regional branch or branch for the capital city of Prague, whether further employment of a stranger can be permitted due to the situation on the labour market; This does not apply if it is a foreigner who has requested an extension of the employee card issued to him pursuant to § 42g (3) or 4. In addition, a binding opinion will be sought by the Ministry when deciding on a request for an employee card lodged by a stranger referred to in § 42g (6). The Office of Labour of the Czech Republic - Regional Branch or Branch for the City of Prague will deliver a binding opinion on the employment of foreigners to the Ministry within 15 working days of receipt of the application for a binding opinion; If they do not do so within this period, they shall be deemed to agree to the employment of a stranger. '.
56. Paragraph 170 (7) is deleted.
Paragraphs 8 and 9 shall be renumbered paragraphs 7 and 8.
57. in Article 171, at the end of point (d), the comma is replaced by a dot and point (e) is deleted;
58. in Article 178b (1), first sentence and in Article 178b (2), first sentence, the word "green" shall be replaced by "employee."
59. In Article 178b, the following paragraph 4 is added:
"(4) For the purposes of this Act it shall not be regarded as a job if it is a stranger sent by his foreign employer to increase skills and qualifications under contract with a Czech legal or natural person to perform his work with this foreign employer outside the Czech Republic. The government will decide when an alien may be sent to a Czech legal or natural person for the purpose of the first sentence. The total period of stay of a stranger under the first sentence may not exceed 6 months50).
50) § 98a of Act No. 435 / 2004 Coll., as amended. '
60. In Paragraph 180e (6), the first sentence is replaced by the following: "The Ministry of Foreign Affairs shall assess the consistency of the reasons for not granting a short-stay visa, the revocation of a short-stay visa or the declaration of invalidity made by the representative office with the reasons laid down in the directly applicable European Union legislation. In addition, the Ministry of Foreign Affairs shall assess the compliance of the grounds for the revocation of a short-stay visa granted by a foreigner enjoying the privileges and immunities in question on the territory with the grounds laid down in the directly applicable European Union legislation and, if it is a member of the family of a European Union citizen, with the grounds set out in Section 20 (5). ';
61. in Paragraph 182 (1), point (e) shall be deleted;
Points (f) to (h) shall be renumbered as points (e) to (g).
Transitional provisions
1. Proceedings under Act No. 326 / 1999 Coll., initiated before and until the date of entry into force of this Act, shall be completed and the rights and obligations relating thereto shall be assessed under Act No. 326 / 1999 Coll., as effective before the date of entry into force of this Act.
2. A stranger residing on the territory of the Czech Republic on the basis of a visa to stay for more than 90 days for the purpose of employment granted under Act No. 326 / 1999 Coll., as effective before the date of entry into force of this Act, is not entitled to apply for a long-term residence permit under § 42 of Act No. 326 / 1999 Coll., as effective from the date of entry into force of the Act, but is entitled to apply for the issue of an employee card under Act No. 326 / 1999 Coll., as effective from the date of entry into force of the Act.
3. The green card issued pursuant to Act No. 326 / 1999 Coll., as effective before the date of entry into force of this Act, remains valid for the period mentioned therein and is considered to be an employee card from the date of entry into force of this Act.
Amendment to the Employment Act
Act No. 20 / 2009, Act No. 13 / 2005 Coll., Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011 / 2011, Act No. 20 / 2011 / 2011, Act No. 20 / 2011, Act.
1. in Article 5 (e) (2), the words "with a long-term residence permit for employment in special cases (hereinafter" green card ") issued under special legislation 9a)" shall be replaced by the words "with an employee card issued under the Act on the residence of foreigners in the Czech Republic."
footnote 9a is deleted.
2. in Article 6 (1) (h) and in Article 102 (1), first sentence, the word "green" shall be replaced by "employee."
(3) Paragraph 37a, including footnotes 93 and 94, reads:
(1) The central register of vacancies available to holders of an employee card and the central register of vacancies available to holders of a blue card, managed by the Ministry, contain the data referred to in Section 37.
(2) A vacancy for a staff member shall mean a post which has not been filled within 30 days of its notification to the Regional Branch of the Office of Labour, with the exception of the posts of officials of the local self-governing bodies (93) and of staff employed in the administrative offices of the State administration (94). With the inclusion of a post in the central register of vacant posts for holders of an employee card, the employer must give his consent.
(3) The vacancy of the Blue Card holder shall mean a post which has not been filled within 30 days of its notification to the Regional Branch of the Labour Office, with the exception of the posts of officials of the Territorial Authority (93) and of staff employed in the administrative offices of the State Administration (94), and at the same time a post for which a high qualification is required under the Act on the residence of foreigners in the Czech Republic. With the inclusion of a job in the central register of vacancies for blue card holders, the employer must give his consent.
(4) The Czech office of attorney shall indicate in the central register of vacancies available to holders of the employee card the submission of an application for the issue of an employee card and, if necessary, the withdrawal of the application and the central register of vacancies available to holders of a blue card the submission of an application for the issue of a blue card and the withdrawal of the application if necessary. The Ministry of the Interior shall indicate in the central register the application for the issue of an employee card or a blue card or, where applicable, the withdrawal of the application if it has been made on the territory of the Czech Republic, the date on which the application was made, the date of receipt of the confirmation of compliance with the conditions for the issue of an employee card or a blue card and the date on which the application for an employee card or a blue card was stopped. In the event of a change of employer or a job assignment with the prior approval of the Ministry of Interior, the Ministry of Interior shall indicate in the central register of vacancies available to holders of the employee card or in the central register of vacancies available to holders of the Blue Card the application for consent to the change of employer, the job for which consent is required and the date of consent.
(5) The Ministry of the Interior shall, without delay after issuing a certificate of compliance for the issue of an employee card or a blue card, electronically communicate to the Ministry the identification data of the alien to whom an employee card or a blue card will be issued and the job details for which it will be issued; It shall also communicate to the Ministry information on the extension, revocation or expiry of their validity.
(6) The Ministry shall not include in the central register of vacancies for holders of an employee card or in the central register of vacancies for holders of a blue card or exclude from the register the vacancy for employers if:
(a) a fine has been imposed by the employer in force during the last 12 months to allow the performance of illegal work; or
(b) the vacancy may be otherwise filled, taking into account the required qualifications or sufficient available labour.
93) Act No. 312 / 2002 Coll., on civil servants of local authorities and amending certain laws, as amended.
94) Act No. 218 / 2002 Coll., on the service of civil servants in administrative offices and on the remuneration of such staff and other servants in administrative offices (Staff Act), as amended. '
footnotes 32e and 32f are deleted, including the footnotes.
4. Article 37b is deleted.
5. In the third sentence of Section 66 and in the introductory part of Section 88 (1) of the provision, the word "green 'is replaced by" employee'.
6.
The employer who intends to employ foreigners on the vacancy on the basis of a permit to work, an employment card or a blue card is required to notify such a vacancy where the stranger may be employed, to the regional branch of the Labour Office in whose territory the employment is to be carried out, including the basic characteristics of the post (§ 37). '
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Regulation Information
| Citation | Act No. 101 / 2014 Coll., amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, Act No. 435 / 2004 Coll., on Employment, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.06.2014 |
|---|---|
| Effective from | 24.06.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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