101/2014 Sb.
LAW
of 23 December 2003. April 2014,
amending the Act No. 326/1999 SB. on residence of aliens in the territory of the United
Republic and amending certain laws, as amended,
Act No. 435/2004 Coll., on employment, as amended, and
other related laws
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on residence of aliens in the territory of the Czech Republic
Article. (I)
Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and
amendments to certain laws, as amended by Act No 140/2001 Coll., Act No.
151/2002 Coll., Act No. 218/2002 Coll., Act No. 222/2003 Coll., Act No.
436/2004 Coll., Act No. 501/2004 Coll., Act No. 539/2004 Coll., Act No.
559/2004 Coll., Act No. 428/2005 Coll., Act No 444/2005 Coll., Act No.
112/2006 Coll., Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No.
165/2006 Coll., Act No. 230/2006 Coll., Act No. 170/2007 Coll., Act No.
379/2007 Coll., Act No. 124/2008 Coll., Act No. 129/2008 Coll., Act No.
140/2008 Coll., Act No. 274/2008 Coll., Act No. 306/2008 Coll., Act No.
382/2008 Coll., Constitutional Court, declared under no 47/2009 Coll.,
Act No. 197/2009 Coll., Act No. 227/2009 Coll., Act No. 278/2009 Coll.,
Act No. 281/2009 Coll., Act No. 424/2010 Coll., Act No. 427/2010 Coll.,
Act No. 73/2007 Coll., Act No. 303/2007 Coll., Act No. 329/2007 Coll.
Act No. 341/2010 Coll., Act No. 375/2007 Coll., Act No. 458/2007 Coll.
Act No. 222/2009 Coll., Act No. 494/2012 Coll., Act No. 103/Sb.
Act No. 303/2013 Coll., Act No. 313/2013 Coll. and legal measures
The Senate no 344/2013 Coll., is amended as follows:
1. in section 30 is at the end of paragraph 1, the following sentence "Visa to stay above 90
days cannot be granted for employment purposes. ".
2. In article 31, paragraph 2 shall be deleted.
Paragraphs 3 to 8 shall be renumbered as paragraphs 2 to 7.
3. in § 31 para. 2 (a). (d)), the number "5" shall be replaced by the number "4".
4. In § 31 para. 6 the third sentence, the words "an advanced electronic
a signature that is based upon a qualified certificate issued by the
an accredited certification service provider (hereinafter referred to as "the acclaimed
electronic signature ") ' shall be replaced by" recognized electronic
signature ".
5. In section 35 para. 2 the first sentence and the second, § 42 para. 3 the second sentence of section 42b
paragraph. 4, § 42 c of paragraph 1. 3 (b). (e)), section 42 c of paragraph 1. 4 and 6, second sentence, section 42d
paragraph. 2 (a). (d)), section 42f of paragraph 1. 3 (b). (d)) and in section paragraph 42j 1 (b). (e))
the words "§ 31 para. 5 "shall be replaced by the words" § 31 para. 4. "
6. In section 35 para. 2, the second sentence shall be deleted.
7. In article 42a, paragraph 2 shall be deleted.
Paragraphs 3 to 8 shall be renumbered as paragraphs 2 to 7.
8. In section 42a para. 6 (a). (b)), the words "paragraph. 3 (b). a), or
at least 1 year and is the holder of a permit issued pursuant to § 42 para. 3
(a). (b)) "shall be deleted.
9. In article 42 c of paragraph 1. 4, the first sentence is replaced by the phrase "the request for extradition
long-term residence permit for the purpose of employment, the applicant is required to
submit employment contract, agreement on work-related activities, the agreement on the
work or the preliminary contract in which the parties
agreed period of time close to the base and the employment relationship,
the formalities referred to in § 31 para. 1 (b). a), d) and (e)). ".
10. section 42 and 42 h, including headings and footnotes # 49:
"§ 42 g
Employee card
(1) an employee card means a long-term residence permit
authorizing the temporary residence permit of the alien in the territory for more than 3 months
and to the employment position to which the employee
card is issued, or on the position that the consent was granted
the Ministry referred to in paragraph 7. The alien, which is under the law on
employment required a work permit or that is listed in §
98 the Employment Act, entitles the employee to stay tab
the territory for employment purposes ^ 49).
(2) the request for the issue of an employee card is entitled to a stranger,
If
and the purpose of their stay) is on the territory of employment in one of the working
the positions referred to in the Central Register vacancies
obsaditelných the holder of an employee card,
(b)) has entered into an employment contract, an agreement on the employment or contract of
a future in which the parties undertake to conclude within the time agreed in the
an employment contract or agreement containing provisions on work activity,
from which it follows that, regardless of the scope of work monthly wage, salary
or remuneration of the alien will not be lower than the standard rate, monthly minimum
wages; weekly working time in any basic employment relationship
must be at least 15 hours and
(c)) has the competence for the performance of the required work, and this
the condition arises from the nature of the employment, or provided for by the international
Treaty, in particular
1. has the required education; in justified cases, in particular in the case of
reasonable doubt, whether the alien has the required education or whether this
education corresponds to the nature of employment, at the request of the Ministry of
required to prove that his foreign education was recognised by the competent
authority of the Czech Republic,
2. has the required professional qualifications, if it is under a special
^ law 35) required, and
3. meets the conditions for the exercise of a regulated profession, in the case of such
the profession.
(3) the request for the issue of an employee card is further entitled to a stranger,
which was released on the job work permit,
If, under the law on employment, and the alien meets the required
the condition referred to in paragraph 2 (a). b). An alien in a position
Associate, Member of the Board or other authority business
company or in a position of team member or a statutory
authority or other authority of the cooperative for the legal person performs tasks
resulting from its object, is entitled to submit an application for the issue of
employee card, if it has been granted a work permit.
(4) a foreign national referred to in section 98 of the Act on employment is entitled to request
the release of an employee card, if it satisfies the condition set out in
paragraph 2 (a). (b)).
(5) the request for the issue of employee cards are served on a representative
the Office. During the stay in the territory on a visa to stay over 90 days or at
long term residence permit issued for other purposes can a foreigner
the request for the release of an employee card to submit to the Ministry.
(6) the Ministry of employment issues the card, if foreigners found
conditions referred to in paragraph 2 (a). (b)), and (c)) and the Bureau of labor
United States-regional branch or affiliate for the city of Prague
issued a binding opinion that further employment of foreigners can be due to the
the labour market situation allow, in the case of an alien who is not listed in the
paragraph 3 or 4, and
and he is staying) on the territory on the basis of a visa for a stay over 90 days,
(b)) is already on the territory of the employed and he was granted a permit for these purposes to the
employment, although the release of an employee card is not in accordance with the law on
employment is required, and
(c)) applies for the issue of the employment of an employee card with the same
employer and job position you already performs.
(7) change of employer or job title of the holder
employee cards or employment of the alien for the next job
or another employer is subject to prior consent of the
of the Ministry. The Ministry grants at the request of the holder of the employee cards
with the change of consent, provided that the conditions referred to in paragraph 2 and
in the absence of the grounds referred to in section 56, with the exception of that referred to in § 56
paragraph. 1 (b). (f)). The request for the granting of consent to the change of sentence
the first is an alien shall submit the requirement under § 42 h of paragraph 1. 1 (b).
(c)) and the requirement under section 42 h of paragraph 1. 1 (b). (d)), if it is to exercise
desired employment needed another vocational qualification, or if
the document, which has demonstrated competence in the issue of employee
card expired.
(8) paragraph 7 shall not apply in the case of an alien as referred to in § 98
the employment act or the alien who has been issued a new
working position of the work permit, if, under the law on
employment required; the alien is in the case of a change of employer
or a job title or a job to the next position or
another of the employer shall be obliged to notify the fact
the Ministry within 3 working days from the date on which it occurred.
§ 42 h
The elements of the request for the release of an employee card
(1) an application for the release of an employee card, an alien is obliged to submit
and if the requirements pursuant to § 31), para. 1 (b). a), d) and (e)),
(b) the requirements laid upon request) § 31 para. 4,
(c)), the agreement on contract work or a contract on the contract
future meeting the conditions referred to in § 42 para. 2 (a). (b)),
d) documents to demonstrate competence for the performance of the required
employment pursuant to § 42 para. 2 (a). (c)), in the case of a request pursuant to § 42 g
paragraph. 2 or an alien as referred to in § 42 para. 6,
e) work permit, in the case of a request pursuant to § 42 para. 3, and
f) document proving that this is an alien as referred to in section 98 of the Act on
employment, in the case of a request pursuant to § 42 para. 4.
(2) before designating a visa for a stay over 90 days for the purpose of taking
employee card, an alien is obliged to submit proof of travel
health insurance, which corresponds to the conditions specified in § 180j,
for stays of from the date of entry into the territory, until he will be
insurance cover under a special legal regulation ^ 33), and on the
demand proof of payment of the insurance stated on the travel document
health insurance; This does not apply with respect to the cases referred to in § 180j
paragraph. 4.
49) directive of the European Parliament and of the Council of 2011/98/EU of 13 July.
December 2011 on the single procedure, processing of applications for uniform
a permit to stay and work in the territory of a Member State to State
third-country nationals and on a common set of rights for workers
of third countries legally resident in a Member State. '.
Footnote # 9 l is deleted.
11. In paragraph 44, at the end of paragraph 1, the following sentence "a foreigner who has submitted an
an application for a long-term residence permit in the territory of the Ministry and
meets the conditions for the issue of long-term residence permit, is required to
the challenge personally attend to process the data needed for the issue of
licence for a residence permit, including acquisition of biometric data
his signature, which is designed to further the digital
processing; the signature of the Pact, if the aliens in its implementation prevents
It's hard to jump an obstacle. ".
12. in section 44 para. 2 and in section 106 paragraph. 1 (b). (b)), the word "green"
replaced by the word "employee".
13. in section 44 para. 4, point e) repealed.
Subparagraph (f))) to (i) shall become point (e)) to (h)).
14. In article 44 paragraph 6 is added:
"(6) the Employment card shall be issued for a period that has been closed
the contract or agreement on work activity, but no longer than for a period of
2 years; in the case of an alien as referred to in § 42 para. 3 the employee
card issued for the period corresponding to the period stated in the permit to
employment. ".
15. In § 44a para. 1 (b). (b)), the words "e) to (i))" shall be replaced by "e) to
(h)) ".
16. in § 44a para. 1, point (e)) repealed.
Subparagraph (f)) is renumbered as paragraph (e)).
17. in § 44a para. 3 the second sentence, the words "paragraph. 3, 7 and 8 "are replaced by
the words "paragraph. 3 and 7, "and at the end of the paragraph, the following sentence" the provisions of §
paragraph 47. 2 does not apply to an authorization to pursue the occupation of the work
the position at which the employment card issued. ".
18. in § 44a para. 5 in the second sentence, the words "or an 8" and in the third sentence of
the words "in cases where, under a special legal regulation
does not require a work permit, ^ m), "including the footnote # 9 m
shall be deleted.
19. in § 44a of paragraphs 9 and 10 are added:
"(9) the validity of an employee card can be used when the conditions referred to in
§ 42 para. 2 (a). (b)), and (c)), § 42 para. 3 or 4 repeatedly to extend the
at the time, which was concluded a contract of employment or an agreement of
work activities, but always for a maximum period of 2 years; in the case of foreigners,
which the employee card was issued according to § 42 para. 3,
the validity of the employee cards will extend the period corresponding to the time of
referred to in the decision on the extension of a work permit. The request for
the extension of the employee cards shall be submitted to the Ministry. To
the application is an alien shall submit the
and if the requirements pursuant to § 31), para. 1 (b). a) and (d)),
(b) a contract or an agreement) for work that meets the conditions
referred to in § 42 para. 2 (a). (b)) for the period, for which he requests an extension
the validity of the employee cards,
c) decision on the extension of a work permit, in the case of foreigners,
which the employee card was issued according to § 42 para. 3,
d) documents to demonstrate competence for the performance of the required
employment pursuant to § 42 para. 2 (a). (c)), in the case of foreigners, which was
employee card issued pursuant to § 42 para. 2 If the document, which
the stranger has demonstrated its competence in Ministry release
employee card, expired,
e) on request, the particulars according to § 31 para. 4 and
(f) in the case of photos) change of form.
(10) the Ministry of the validity of the employee card will not,
If the alien does not satisfy the conditions laid down in § 42 para. 2 (a). (b)), and (c)), §
42 g of paragraph 1. 3 or 4 or if the reason for the initiation of proceedings for cancellation of
the validity of the employee card (§ 46e), and Furthermore, if the Labour Office
United States-regional branch or affiliate for the city of Prague
issued a binding opinion that further employment of foreigners cannot be given
the situation on the labour market to enable. ".
20. In § 44a is at the end of paragraph 12 be supplemented by "aliens who submitted the
application for renewal of an employee card, after the Ministry
acquisition of biometric data issues a certificate of compliance with the conditions for
the extension of the employee cards. ".
21. In article 45, paragraph 3 shall be deleted.
Paragraphs 4 to 8 shall be renumbered as paragraphs 3 to 7.
22. in § 45 para. 5 of the introductory part of the provisions of § 45 para. 5 (b). (b)) and in section
paragraph 45. 6, the words "paragraphs 4 or 5" are replaced by the words "paragraph 3
or 4 ".
23. § 46 para. 1 the first sentence, the words "and 4 ' shall be deleted.
24. In § 46 paragraph 6 is added:
"(6) for the employment card shall apply mutatis mutandis to § 55 para. 1, § 58 para. 3
and § 62 para. 1 related to a long-stay visa. The Ministry of
employee card issued
and) for the reasons referred to in section 56, with the exception of that referred to in § 56 para.
1 (b). (f)),
(b) If an alien) does not satisfy the condition laid down in § 42 para. 2, 3 or 4,
or
c) in the case of an extradition request lodged by an alien employee card
referred to in § 42 para. 6 Bureau of labor the United States-regional branch
or a branch for the city of Prague has issued a binding opinion that further
the employment of foreigners cannot be given the situation on the labour market to enable. ".
25. In article 46, paragraph 8 shall be deleted.
The former paragraph 9, renumbered 8.
26. in section 46a para. 2 at the end of the letter k) following the word "or", and
the letter l) is repealed.
Letter m) is referred to as the letter l).
27. in section 46b of paragraph 1. 2 (a). (d)), the words "paragraph. 9 "shall be replaced by" paragraph.
8. "
28. section 46e including title:
"§ 46e
Termination of the employee cards
(1) the Ministry shall invalidate the reasons given employee card
in § 37 and, if
foreigners not recognised) professional qualification by the appropriate certification
authority ^ 35),
(b) the employment of a foreigner) finished; in case of termination
the ratio of foreigners by serving a notice for any of the reasons mentioned in section 52 (a). and)
to (e)) of the labour code or agreement for the same reasons, or instant
cancellation under section 56 of the labour code, the employment card cancels,
If the duration of unemployment of foreigners has exceeded the 3 consecutive
the Moon and the stranger in this period did not ask the Ministry to grant consent
According to § 42 para. 7 or that consent was not granted to him,
(c)) the agreement on work activities ended; in case of cancellation of the agreement on
work activities the employer will notice an employee card
If the duration of unemployment of foreigners has exceeded the 1 month and
stranger in this period did not ask the Ministry to grant consent under section
42 g of paragraph 1. 7, or that consent was not granted, or
(d)) to lapse into force employment permits foreigners or strangers
work permit withdrawn; in the event of termination of employment
foreigners notice for any of the reasons mentioned in section 52 (a). a) to (e))
the labour code or agreement for the same reasons, or immediate termination
pursuant to section 56 of the labour code, the employment card cancels, unless
foreigners in the period of 3 months from the day following the date of
of employment issued new employment permit or an alien in this
the time limit requested the Ministry to grant consent pursuant to § 42 para. 7
or that consent was not granted to him.
(2) the Ministry of the decision to revoke the employee
card, setting a deadline for the departure from the territory and grant foreigners outreach
the command; the foreigner is obliged within a specified period from the territory to travel. "
29. in § 53 para. 1 sentence of the second paragraph and section 169. 13 the first sentence, the words
"(b). (f)) "shall be replaced by" subparagraph (a). (e)) ".
30. In § 56 para. 1 letter f) is added:
"(f)) the alien has submitted an application to grant a long-stay visa for the purpose of
employment; the Ministry in a written information on the reasons for the refusal
long-stay visa in accordance with paragraph 4 shall instruct that a foreigner is entitled to
ask for the release of an employee card, ".
31. in § 62 para. 2, after the word "worker" shall be replaced by ",
employee card, blue card ".
32. section 93a, including the title.
33. In § 104 paragraph. 1 and 2, after the word "not" words "from the territory of the
a State which is not a Contracting State ".
34. In article 106 paragraph. 1, letter a) is repealed.
Subparagraph (b)), and (c)) shall become letters and) and (b)).
35. In article 106 paragraph. 1 (b). (b)), § 107 para. 8 and in § 123 paragraph. 4 (b). (c))
and (d)), the word "green" is replaced by "employment".
36. In article 106 paragraph. 5, the word "green" is replaced by the word "employment",
the words "Ministry of industry and trade" shall be deleted and the word "green"
replaced by the word "employee".
37. In article 106 paragraph. 6 and § 107 para. 9, after the word "holder" shall be inserted after
the words "or employee card".
38. In paragraph 106, the following paragraph 9 is added:
"(9) the State Labour Inspection Office and the regional labour inspectorates
shall immediately notify the Ministry of employment of foreigners without permission
to stay without a work permit, if, under the law on employment
required, or in violation of the employment card or blue card;
shall notify the State Labour Inspection Office and the regional
labour inspectorates also foreign police department immediately to the regional
Police competent according to the place of employment of a foreigner. ".
39. In section 117a para. 3 (b). and section 5), the words "§ 42 para. 8 "are replaced by
the words "section 117b of paragraph 1. 4. "
40. In section 117b, the following paragraph 4 is added:
"(4) the Ministry shall indicate on the certificate about residence permits the indication of
access to the labour market; This does not apply if the holder of a blue card,
long-term residence permit of a resident of another Member State
The European Union or a permanent residence permit. ".
41. In paragraph 127 paragraph. 1 (b). (b)), the words "and the police will not issue new decisions
within 3 days from the judgment "shall be deleted.
42. In § 157 paragraph. 7, letter a) is repealed.
Subparagraph (b)), and (c)) shall become letters and) and (b)).
43. In section 157a of paragraph 1. 2, the second sentence shall be deleted.
44. In section 158 paragraph 2. 1 (b). (b)), the following point 15 is added:
"15. the employer, the classification and place of employment of the holder
an employee card or blue card ".
45. In section 158 paragraph 2. 9 for the letter x) y) the following point is added:
"y) about the employer, the classification and place of employment of the holder
an employee card or blue card ".
46. In section 158a of paragraph 1. 8 of the introductory part of the provisions of the "termination"
the words "the employee card or the", the words "obsaditelných
the holder of the "words" and "and the employee card in (a)), and
(e)), after the words "programmable holder" the words "employee
card or ".
47. In section 160 paragraph. 3 at the end of subparagraph (c)), the word "or" is deleted and
the following new subparagraph (d)), which read as follows:
"d) 3 years following the year during which it was to the creation of the fact
subject to registration in the case of the data stored on the city
the Office, with the exception of case applications for short-stay visas, when
Embassy was decided on the short-stay visa refusal,
nullity or cancellation of its validity, or ".
Subparagraph (d)) is renumbered as paragraph (e)).
48. In § 163 para. 2 (a). (c)) and § 164 of paragraph 1. 1 (b). k), the words "and
recover their remuneration "shall be deleted.
49. In § 165 (c). e), the words "and enforced their remuneration" shall be deleted.
50. in paragraph 165 n) is:
"n) decides on the issue of employee cards and the blue card, an extension
or cancellation of its validity and gives consent to the change of employer
or employment status of the holder of an employee card or blue
the cards ".
51. In paragraph 165 p) is added:
"p) is entitled in the Central Register vacancies
obsaditelných the holder of an employee card to complement data on pending
the extradition of the employee cards and in the Central Register free
jobs obsaditelných the holder of a blue card to complement the data on
the request for the issue of a blue card ".
52. In paragraph 168, ' 42, ' shall be deleted.
53. In paragraph 169, the dot at the end of paragraph 1 is replaced by a comma and the following
letter h) is added:
"h) within 60 days from the date of submission of the application for the issue of employee
the card; within 90 days from the date of submission of the application for the issue of employee
in particularly complex cases, the card or if the Ministry asked to
issue binding opinions referred to in paragraph 3. '.
54. In paragraph 169 of paragraph 1. 8 letter a) is added:
"and lodged an application for) that the issue of long-term residence permit or
extension of its validity, within the time limit or to challenge under section 44 para.
1 or § 44a para. 12 does not appear at the Ministry to process the data
necessary for the issue of a certificate for a residence permit or within the time limit under section
44 para. 3 or § 44a para. 13 does not take the card for a residence permit,
If within that period he has indicated that in this Act prevents the reasons independent
in his will, ".
55. In paragraph 169, the following paragraph 3 is added:
(15) in the context of the decision on the application for renewal of an
employee cards, the Ministry will seek the binding opinion of Labour Office
United States-regional branches or offices for the city of Prague,
whether for more employment of foreigners can be given the situation on the labour market
enable; This does not apply in the case of foreigners, who asked for an extension of
employee card, issued to him pursuant to § 42 para. 3 or 4.
Binding opinion of the Ministry further requests in the context of deciding on the
the request for the release of an employee card brought a stranger referred to in § 42 g
paragraph. 6. the work of the Office of the United States-regional branch or affiliate for
the city of Prague a binding opinion on the employment of the alien will deliver
the Ministry within 15 working days from the date of receipt of the request for a binding
opinion; If he fails to do so within that period, it shall be deemed that the
the employment of foreigners agree. ".
56. In paragraph 170, paragraph 7 shall be deleted.
Paragraphs 8 and 9 shall be renumbered as paragraphs 7 and 8.
57. In paragraph 171, at the end of subparagraph (d)), a comma is replaced by a dot and the letter e)
is hereby repealed.
58. In paragraph § 178b 1 the first sentence of paragraph 2 and in paragraph 178b. 2 the first sentence, the word
"green" is replaced by the word "employee".
59. In paragraph 4, the following paragraph 178b, including footnotes.
50:
"(4) in employment for the purposes of this Act, shall not be considered if the
foreigners posted their foreign employer for the purpose of increasing the
skills and qualifications on the basis of a contract with the Czech legal entity or
by a natural person for the performance of his work for this foreign
the employer outside the territory of the Czech Republic. The Government will decide when it can be
stranger posted into the Czech legal or natural persons for the purpose of according to
the first sentence. The total period of stay of foreigners in the first sentence shall not
exceed 6 months ^ 50).
50) section 98a of Act No. 435/2004 Coll., as amended. ".
60. in paragraph § 180e 6, the first sentence is replaced by the phrases "the Ministry
Foreign Affairs to assess the consistency of the reasons for the lack of short-term visas,
invalidation of the short-stay visa or a short-stay visa statement
annulment, decided on by the Embassy, with the reasons set out
directly applicable legislation of the European Union. The Ministry of
Foreign Affairs to further assess the consistency of the reasons for cancellation of the
short-term visas issued to foreigners that the territory enjoys relevant
the privileges and immunities, of the reasons laid down a directly applicable legal
Regulation of the European Union, and in the case of a family member of a citizen
The European Union, with the reasons set out in section 20 (2). 5. ".
61. In section 182 paragraph. 1, point (e)) repealed.
Subparagraph (f)) to (h)) are known as the letters e) to (g)).
Article. (II)
Transitional provisions
1. proceedings pursuant to Act No. 326/1999 Coll., which began before the date of the acquisition of
the effectiveness of this law, and to this day, completes and hedge contingent exposures rights
and duties related thereto shall be assessed pursuant to Act No. 326/1999
Coll., in the version in force before the date of entry into force of this Act.
2. An alien staying in the territory of the Czech Republic on the basis of a visa-free stay
over 90 days for the purpose of employment granted in accordance with the Act No. 326/1999 Coll.
in the version in force before the date of entry into force of this Act, not after
entry into force of this Act shall be entitled to apply for a residence permit
long stay under section 42 of the Act No. 326/1999 Coll., as amended effective
from the date of entry into force of this law, is, however, eligible to apply for
release of employee cards pursuant to Act No. 326/1999 Coll., as amended by
effective from the date of entry into force of this Act.
3. the green card issued pursuant to Act No. 326/1999 Coll., as amended effective
before the date of entry into force of this Act, shall remain in force for a period of
It referred to and from the date of entry into force of this Act shall be deemed to
employee card.
PART TWO
Amendment to the Employment Act
Article. (III)
Act No. 435/2004 Coll., on employment, as amended by law No 168/2005
Coll., Act No. 202/2005 Coll., Act No. 251/2005 Coll., Act No. 350/2005
Coll., Act No. 382/2005 Coll., Act No. 413/2005 Coll., Act No. 428/2005
Coll., Act No 444/2005 Coll., Act No. 495/2005 Coll., Act No. 109/2006
Coll., Act No. 112/2006 Coll., Act No. 115/2006 Coll., Act No. 161/2006
Coll., Act No. 165/2006 Coll., Act No. 216/2006 Coll., Act No. 264/2006
Coll., Act No. 160/2007 Coll., Act No. 181/2007 Coll., Act No. 213/2007
Coll., Act No. 261/2007 Coll., Act No. 362/2007 Coll., Act No. 379/2007
Coll., Act No. 57/2008 Coll., Act No. 124/2008 Coll., Act No. 129/2008
Coll., Act No. 306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008
Coll., Act No. 158/2009 Coll., Act No. 223/2009 Coll., Act No. 227/2009
Coll., Act No. 281/2009 Coll., Act No. 326/2009 Coll., Act No. 362/2009
Coll., Act No. 149/2010 Coll., Act No. 347/2010 Coll., Act No. 427/2010
Coll., Act No. 73/2011 Coll., Act No. 364/2007 Coll., Act No. 365/2011
Coll., Act No. 367/2007 Coll., Act No. 375/2007 Coll., Act No. 420/2011
Coll., Act No. 458/2011 Coll., Act No. 470/2011 Coll., Act No. 1/2012
Coll., Act No. 401/2009 Coll., Constitutional Court, declared under no.
437/2009 Coll., Act No. 505/2012 Coll., Act No. 303/2013 Coll. and act
No 306/2013 Coll., is amended as follows:
1. In paragraph 5 (b). (e)), point 2, the words "with a long-term residency permit for
the purpose of employment in special cases (hereinafter referred to as "green card")
issued under a special legal regulation ^ 9a) "shall be replaced by the words" to
employee card issued pursuant to the Act on residence of aliens in the territory of
The United States ".
Footnote No. 9a is repealed.
2. In article 6 (1). 1 (b). h) and section 102 paragraph. 1 the first sentence, the word
"green" is replaced by the word "employee".
3. § 37a including footnotes # 93 and 94 reads:
"§ 37a
(1) the Central Register vacancies obsaditelných holder
employee cards and Central Register vacancies
obsaditelných the holder of a blue card, held by the Ministry, include
the information referred to in section 37.
(2) a vacancy obsaditelným hold employee cards
means a job that has not been filled within 30 days of its
notification of the regional branch of the Office of work, with the exception of jobs
officials of territorial self-governing units ^ 93) and jobs
employees in administrative authorities exercising State administration ^ 94).
With the inclusion of the work place to the central register job vacancies
places obsaditelných hold employee cards, the employer shall
to give consent.
(3) vacancy obsaditelným blue card holder
means a job that has not been filled within 30 days of its notification
the regional branch office of work, with the exception of posts of officials
territorial self-governing units ^ 93) and the jobs of employees who
in the administrative offices shall exercise State administration ^ 94), and at the same time it is a
job, for whose performance requires high qualification according to
of the Aliens Act on the territory of the Czech Republic. With the inclusion of
to the central register of job vacancies
obsaditelných the holder of a blue card, the employer shall give consent.
(4) the Embassy of the United States be indicated in the central register
job vacancies obsaditelných hold employee cards
submission of the application for the issue of employee cards and any withdrawal of this
of the application and in the Central Register vacancies obsaditelných
blue card holders applying for the issue of a blue card and any
the withdrawal of this request. The Interior Ministry indicated on the Central
registration of application for the release of an employee card or blue card,
where appropriate, the withdrawal of the request if it was made in the territory of the United
Republic day, when it was decided on the request for confirmation of the day
compliance with the conditions for the issue of an employee card or a blue card and the day
the release of an employee card or blue card or the date when the proceedings for
the request for the release of an employee card or blue card stopped. In
the case of a change of employer or job title with the previous
the approval of the Ministry of the Interior shall mark the Interior Ministry in Central
the registration of vacancies obsaditelných holders of employee
card or in the Central Register vacancies obsaditelných
blue card holders applying for consent to a change of employer,
the work place for which it is required, and the date of consent.
(5) the Ministry of the Interior shall notify without delay after the issue of the certificate of compliance with the
the conditions for the issue of an employee card or blue card electronically
the Ministry of foreigners identification data, which will be released
employment card or blue card, and data on the site.,
that will be released; as well as communicate to the Ministry of information about
renewal date of their revocation or expiry of the period
their validity.
(6) the Ministry to the Central Register vacancies
obsaditelných the holder of an employee card or to the central register
job vacancies will not save the blue card holder obsaditelných
or from the registration excludes the vacancy with the employer if
and employers in the period) for the past 12 months has been finally stored
the fine for allowing the performance of illegal work, or
(b)) job vacancy can be with regard to the required qualifications or
enough free labour force to occupy otherwise.
93) of the Act No. 312/2002 Coll., on officials of territorial self-governing units 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 employees and other employees in the
administrative offices (business law), as amended. ".
Footnote # 32e 32f and are deleted, including links to
the footnote.
4. § 37b is deleted.
5. in the third sentence of paragraph 66 and section 88 para. 1 introductory part of the provisions, the word
"green" is replaced by "employment".
6. section 86 shall read:
"§ 86
The employer who wishes to employ the vacancy
foreigners on the basis of a work permit, an employee card or
the blue card, is obliged to notify such vacancy, the
which the alien may be employed, the regional branch of the Labour Office, in
the territorial jurisdiction is to be exercised in the employment, including
the basic characteristics of the work place (§ 37). ".
7. In § 87 para. 1 the first sentence, after the words "requests permission to
employment, "the words" employment card or blue card ".
8. In § 87 para. 1 the second sentence, the word "green" is replaced by
"employee" and the words "work permit" shall be inserted after
the words "employment card or blue card".
9. in section 88 para. 1 (b). (b)), the word "permit" shall be deleted and the word
"released" with the words "work permit, employment card
or blue card ".
10. In section 88 para. 2 the first sentence, the word "green" is replaced by
"employment", the words "which has been granted his application for the issue of green
card or "shall be deleted and the words" for the release of "are the words
"an employee card or".
11. section 89:
"§ 89
(1) a foreign national may be admitted to employment and is being employed, if
hold a valid employee card or blue card, if this
the law provides otherwise.
(2) an alien may also be accepted for employment and is being employed to
a valid work permit issued by the Regional Office of the Labour Office and
a valid residence permit in the territory of the Czech Republic issued pursuant to the Act on
the stay of aliens in the territory of the Czech Republic. For employment for these
the purpose of the fulfilment of the tasks deriving from the action item
legal persons provided by a partner, the statutory body or
a member of the statutory or other authority of a commercial company for the
a commercial company or a team member or a statutory or
another body of a cooperative for the cooperative.
(3) an alien who has been issued a certificate of compliance with the conditions for
the release of an employee card or blue cards, may be admitted to the
employment and is being employed from the date of issue of that certificate to the date of
termination of the proceedings on its application for the release of an employee card or blue
card. An alien who has been issued a certificate of compliance with the conditions for
the extension of the employee cards, can be employed from the date
issue of that certificate to the date of termination of his application for
the extension of the employee card.
(4) a work permit cannot be issued or renewed in the case that
the stranger is the holder of a blue card employee card, or holds a
long term residence permit for purposes other than employment, issued by the
under the Act on residence of aliens in the territory of the Czech Republic; This does not apply,
in the case of the holder of the long-term residence permit for the purpose of business,
foreigners, who can be recruited and employed under the
paragraph 2, or of an alien as referred to in § 95 to 97. ".
12. In article 92, paragraph 1 reads:
"(1) the regional branch office will issue work permits for
conditions, that this is a
and) the notified vacancy (article 86) and
(b)) the vacancy cannot, having regard to the qualifications required or
the lack of free labour force to occupy otherwise; This condition
is not required when issuing a work permit under section 95 and 97. ".
13. in section 94 para. 1 the first sentence, the words "Office work" shall be replaced by
"regional branch Bureau of labor" and the words "taking into account the market situation, the
the work "shall be deleted and the end of the paragraph, the following sentence" with the extension of
the validity of a work permit under section 96 shall take into account regional branch
The Labour Office to the situation on the labour market. ".
14. in section 94 para. 2 the first sentence, "91", the words "paragraph.
1. "
15. In paragraph 94, the following paragraph 4 is added:
"(4) the condition for the release of an employee card pursuant to § 42 para. 6
of the Aliens Act on the territory of the United States aliens who
the holder of a long-term visa, issued pursuant to the Act on residence of aliens on the
the territory of the Czech Republic, or for the extension of the employee
the card is a favourable opinion of the regional branch office of the binding work,
issued at the request of the Ministry of the Interior. Regional Branch Office
work when you issue a binding opinion takes into account the market situation, the
work. ".
16. in the introductory part of the provisions of section 97 is: "a work permit are further
requires even if foreigners ".
17. in section 97 (a). a), the words "one year" is replaced by "6 months".
18. In paragraph 97 (c)) shall be deleted.
Subparagraph (d)) to (f)) shall become points (c) to (e)).)
19. in the introductory part of paragraph 98 of the provisions read as follows: "work permit,
employment card or blue card under this Act does not require
to employment of the alien ".
20. In paragraph 98, the l at the end of the text), the words "or with the
an alien who is staying in the territory of the United Kingdom on the basis of a valid
long-term residence permit ".
Footnote # 52a shall be deleted, and that including a link to the note
below the line.
21. in paragraph 98 (a). m), the words "for the purpose of employment, if
This permits more than 12 months "shall be deleted.
22. in paragraph 98 of the letters p and r)) are added:
"p) who resides in the territory of the United Kingdom on the basis of the authorisation to
long stay in order to protect the territory according to the residence Act
foreigners in the territory of the Czech Republic, or
r) which is the spiritual Church, registered in the Czech Republic, or
religious communities registered in the Czech Republic. ".
23. in paragraph 98, the following new section 98a, including footnote No. 95
added:
"section 98a
Work permit, employment card or blue card, according to the
This Act does not require, even if it is a stranger posted to the territory
United Kingdom my foreign employer on the basis of a contract with the
the Czech legal entity or natural person, exclusively for the purpose of increasing the
skills and qualifications required for the performance of his work
This foreign employer outside the territory of the Czech Republic.
Information about the posting of a foreigner in the first sentence will provide Czech legal
or a natural person, the competent regional Branch Office work ^ 95).
95) § 178b para. 4 Act No. 326/1999 Coll., as amended
regulations. ".
24. in section 102 paragraph. 2 the third sentence, after the words "work permit"
the words "employment card or blue card".
25. In paragraph 126 of paragraph 1. 4 the first sentence, the word "green" is replaced by
"an employee".
26. section 145 reads as follows:
"§ 145
In the event that the alien is to be employed in multiple places of work,
Regional Branch Office will discuss his work with the County employment
branch office job, which is to be designated for employment also
exercised and shall decide on a work permit for more places of performance
work. ".
27. in paragraph 147c paragraph. 4 at the end of the text of the letter h), the words ",
an employee card or blue card ".
28. in paragraph 147c paragraph. 4 the letter t) is added:
"t) data on employers, the classification and place of work
the holder of an employee card or blue card. "
Article. (IV)
Transitional provisions
1. the procedure for the issue of a work permit or extension of the
the validity of the work permit, which been terminated before the
the effective date of this Act, shall be completed and the rights and obligations with
related are assessed under the Act No. 435/2004 Coll., as amended by
effective before the date of entry into force of this Act.
2. An alien who has been issued a green card under the Act No. 326/1999
Coll. on the stay of foreigners on the territory of the Czech Republic and amending certain
law, in the version in force before the date of entry into force of this Act,
can be employed until the expiry of this card.
3. Information obligation of the employer under section 88 of the Act No. 435/2004
Coll. also applies to aliens who are from the date of entry into force of
This Act continue to be employed on the basis of the green card.
PART THREE
Amendment of the Act on State social support
Article. In
In section 3, paragraph 3. 2 of the Act No. 117/1995 Coll., on State social support, in
amended by law No 379/2007 Coll., Act No. 427/2010 Coll. and Act No.
366/2006, after point (h)) the following new point) to)
including the footnotes # 66 to 68:
"i) aliens who have been issued employment card under a special
Law ^ 66),
j) Aliens employed on the territory of the United States or aliens who
have already been employed in the territory of the Czech Republic for at least 6 months and
are in the register of job seekers ^ 4) if they have been issued
long-term residence permit in the territory of the Czech Republic according to the
special legal regulation ^ 67),
k) family ^ 68) of aliens referred to in subparagraphs (a) (f)), h), (i)) and
(j)), if they have been issued with a long-term residence permit in the territory of the United
Republic according to special legal regulation ^ 67),
66) section 42 of the Act No. 326/1999 Coll., as amended.
67) section 42 of the Act No. 326/1999 Coll., as amended.
68) § 42 para. 1 of the Act No. 326/1999 Coll., as amended
regulations. ".
PART FOUR
Amendment of the Act on asylum
Article. (VI)
Act No. 325/1999 Coll., on asylum, as amended by Act No. 2/2002 Coll., Act
No 217/2002 Coll., Act No. 320/2002 Coll., Act No. 519/2002 Coll., Act
No. 222/2003 Coll., Act No. 501/2004 Coll., Act No. 539/2004 Coll., Act
No 57/2005 Coll., Act No. 350/2005 Coll., Act No. 444/2005 Coll., Act
No 112/2006 Coll., Act No. 137/2006 Coll., Act No. 165/2006 Coll., Act
No 170/2007 Coll., Act No. 343/2007 Coll., Act No. 379/2007 Coll., Act
No 129/2008 Coll., Act No. 140/2008 Coll., Act No. 274/2008 Coll., Act
No 41/2009 Coll., Act No. 197/2009 Coll., Act No. 227/2009 Coll., Act
No 281/2009 Coll., Constitutional Court, declared under no. 9/2010 Coll.,
Act No. 427/2010 Coll., Act No. 303/2007 Coll., Act No. 341/2011 Sb.
Law No 375/2007 Coll., Act No. 103/2013 Coll. and Act No. 105/2013
Coll., is amended as follows:
1. in paragraph 2 of section 46a. 6 shall be replaced by the sentence "the eleventh sentence if the Court decides
about the annulment of the contested decision, the applicant for the granting of Ministry
international protection without undue delay will allow to leave the reception
Centre. ".
2. In § 73 para. 5 shall be replaced by the sentence "the eleventh sentence if the Court decides on the
annulment of the contested decision, the Ministry of foreigners without undue
the postponement will allow entry to the territory and transported him to the asylum facility on
territory. ".
PART FIVE
Amendment of the Act on the recognition of professional qualifications
Article. (VII)
In section 1 (1). Law No 18/2004 Coll., on the recognition of professional qualifications and
eligibility of nationals of other Member States of the European Union and
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended by Act No. 189/2008 Coll. and act
No 52/2009 Coll., the letter j) including the footnotes # 20 and 21:
"(j)) of the applicant for the issue of a European Union blue card ^ 20) or the holder of that
card, the applicant for the issue of an employee card ^ 21) or of the holder of the
card or holder of a residency permit in the Czech
States issued for the purpose other than employment, which is on the territory of the
employed,
20) Article. 14. 1 (b). (d)) and article. 14. 4 Council directive 2009/50/EC
of 25 June 2002. in May 2009 on the conditions of entry and residence of State
third-country nationals for the purpose of employment
high qualification.
§ 42i Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic
and amending certain laws, as amended.
21) Article. 12 paragraph 1. 1 (b). (d)) directive of the European Parliament and of the Council
2011/98/EU of 13 July. December 2011 on the single procedure
application for a single permit to stay and work in the territory of a Member State
for nationals of third countries and on a common set of rights
of third-country workers legally residing in a Member
State.
section 42 of the Act No. 326/1999 Coll., as amended. ".
PART SIX
Amendment of the Act on administrative fees
Article. (VIII)
Item 162 of the annex to the Act No 634/2004 Coll., on administrative fees,
as amended by Act No. 382/2008 Coll. and Act No. 427/2010 Coll., shall read:
"Item 162
Acceptance of the application
and extradition) residence permit-$ 500
(b)) for the issue of an employee card or the authorisation of Eur 1 000
for a long-term stay for the purpose of
highly qualified employment
(blue card)
(c)) on the issue of extract from the criminal register-$ 200
Exemption
1. the fee referred to in subparagraph (a)) this item is exempt the citizen
the Member State of the European Union, which is bound by the Treaty on the European
economic area, and a citizen of a State which is bound by the international
agreement with the European Union, and members of his family, and it
regardless of their nationality.
2. the fee referred to in subparagraph (a)) this item is exempt receipt
applications for long-term residence permit, issued by this
enable the Ministry of Foreign Affairs. "
PART SEVEN
Amendment of the Act on social services
Article. (IX)
In section 4, paragraph 4. 1 of Act No. 108/2006 Coll., on social services, as amended by
Act No. 313/2013 Coll., the letter j) the following points (k)) to
m), including the footnotes # 59 to 62 shall be added:
"to which the) alien employment card issued under a special
^ law 59),
l) an alien who is employed, or has already been employed in the territory of the United
the Republic for at least 6 months and is in the register of job applicants
job ^ 60), when he was granted a residency permit on
the territory of the Czech Republic according to special legal regulation ^ 61),
m) ^ 62) member of the family of persons referred to in subparagraphs (a) (f)), h), k) and (l)),
If he was granted a residency permit in the Czech
Republic according to special legal regulation ^ 61),
59) section 42 of the Act No. 326/1999 Coll., as amended.
60) Act No. 435/2004 Coll., on employment, as amended
regulations.
61) section 42 of the Act No. 326/1999 Coll., as amended.
62) § 42 para. 1 of the Act No. 326/1999 Coll., as amended
regulations. ".
PART EIGHT
Amendment of the labour code
Article. X
In § 48 para. 3 of Act No. 262/2006 SB., labour code, as amended by law
No 427/2010 Coll., letter c) is added:
"(c)) date of expiry of the period for which it has been issued a work permit ^ 20),
employee card or a long-term residence permit for the purpose of
the performance of highly qualified employment. ".
Footnote No. 20a shall be deleted.
Article. XI
Transitional provision
Termination of employment of a foreigner or a natural person without the State
nationality who have been granted long-term residence permit for the purpose of
employment in special cases pursuant to section 42 of the Act No. 326/1999 Coll.
in the version in force before the date of entry into force of this Act, if there were no
to him, already in a different way, is governed by § 48 para. 3 (b). (c)) Law No.
262/2006 SB., in the version in force before the date of entry into force of this
the law.
PART NINE
Amendment of the Act on the civil registry, the name and surname
Article. (XII)
In § 35 para. 2 the first sentence of the Act No. 301/2000 Coll., on the civil registry, the name and
last name and amending certain related laws, as amended by Act No.
578/2002 Coll., Act No. 239/2008 Coll. and Act No. 313/2013 Coll., the words
"The Ministry of the Interior" shall be replaced by "the police of the Czech Republic."
PART TEN
REGULATION (EEC)
Article. XIII
Decree No. 29/2013 Coll., on the establishment of the list of countries whose state
Members are entitled to apply for a green card, is hereby repealed.
PART ELEVEN
The EFFECTIVENESS of the
Article. XIV
This Act shall take effect on the 15th day following its publication.
in from Arvind v. r..
Zeman in r.
Sobotka in r.
