1/2012 Sb.
LAW
of 9 June. December 2011,
amending the Act No. 435/2004 Coll., on employment, as amended by
amended, and other related laws
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment to the Employment Act
Article. (I)
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. and Act No. 73/2010 Coll., shall be amended as follows:
1. in article 1, § 18 para. 2 and section 103, the words "European Community",
replaced by the words "European Union".
2. Footnote 1 is added:
"1) Council Directive 68/360/EEC of 15 October 1968. October 1968 on the abolition of restrictions on
movement and residence of workers of Member States and their family
members within the community. Council Directive 76/207/EEC of 9 October.
February 1976 on the implementation of the principle of equal treatment for men and women, if
in access to employment, vocational training and promotion
and working conditions.
Council Directive 89/48/EEC of 21 December 1988 December 1988 on a general system for the
recognition of higher education diplomas awarded on completion of at least a three-year
vocational education and training.
Council Directive 90/364/EEC of 28 June 1999. June 1990 on the right of residence.
Council Directive 90/365/EEC of 28 June 1999. June 1990 on the right of residence
employed persons and self-employed persons after the end of
their work activity.
Council Directive 92/51/EEC of 18 June 1992. June 1992 on a second general system
for the recognition of professional education and training to supplement
Directive 89/48/EEC.
Council Directive 93/96/EEC of 29 October October 1993 on the right of residence for
students.
Council Directive 94/33/EC of 22 December 2004. June 1994 on the protection of minors
workers.
Directive of the European Parliament and of the Council 95/46/EC of 24 July 2003. October 1995 on the
the protection of individuals with regard to the processing of personal data and on the
the free movement of such data.
European Parliament and Council Directive 96/71/EC of 16 December 2002. December 1996
the posting of workers in the framework of the provision of services.
Council Directive 2000/43/EC of 29 April 2004. June 2000 implementing the
the principle of equal treatment between persons irrespective of racial or
ethnic origin.
Council Directive 2000/78/EC of 27 June 2002. November 2000 establishing a
a general framework for equal treatment in employment and occupation.
European Parliament and Council Directive 2002/73/EC of 23 December 2003. September 2002,
amending Council Directive 76/207/EEC on the implementation of the principle of equal
treatment for men and women as regards access to employment, vocational
training and promotion, and working conditions.
European Parliament and Council directive 2009/52/EC of 18 June 2003. June 2009
on minimum standards on sanctions and measures against employers of
illegally staying third-country nationals ".
3. In paragraph 5 (b). e) point 2, the words "or without a green card, if the
This Act required "and the words" or without a blue card, if the
This Act required "are deleted.
4. In paragraph 5 (b). (e)), the following paragraph 3 is added:
"3. If the natural person-foreigner performs work for legal or
a natural person without a valid residence permit in the territory of the Czech Republic,
If, under the specific legislation required ^ 3), ".
5. In article 6 (1). 1, the following point (f)), the following new paragraph (g)), which read as follows:
"g) provides a way of allowing remote access to the authorities,
the decisive factor for the provision of public benefits, aid, grants, contribution
or entering a public contract, the data from the records of physical and
legal persons who have been fined for allowing
the performance of illegal employment pursuant to section 5 (b). e) point 3 ".
Letter g) is renumbered as paragraph (h)).
6. In article 6 (1). 1 (b). (h)), after the words "work and" following the word "on" and
at the end of the text, the words "and the registration of legal entities and natural
people who have been fined for allowing performance
illegal employment pursuant to section 5 (b). e) point 3 ".
7. In paragraph 6 of the dot at the end of paragraph 1 is replaced by a comma and the following
the letters i) and (j)) are added:
"i) assesses the risks associated with the performance of illegal work according to § 5
(a). e) point 3, and determines risk sectors of economic activities in
This illegal work is concentrated,
(j)) every year to 1. July the European Commission presented a report on the number of
the checks carried out in the preceding calendar year in each
risk sectors, about the outcome of these checks and their percentage
the proportion of the total number of legal entities and natural persons engaged in
individual risk sectors. ".
8. In section 6 (1). 2 the letter ' g) "shall be replaced with the letter" h ").
9. In paragraph 6, the following paragraph 3 is added:
"(3) the registration of legal entities and natural persons, which has been finally
fined for allowing
the performance of illegal employment pursuant to section 5 (b). point 3 (e)) contains
and) trade name or name of legal entity or first name, or
name and surname of the natural person
(b)) identification number of the legal or natural person,
(c) the amount of the fine imposed,)
(d)) date of acquisition of legal power decision imposing a fine.
The information in these records shall be retained for a period of time that are legal
or natural persons shall be excluded from participating in public benefits, aid,
subsidies, contributions, or obtaining public contracts. ".
10. In section 8a of the paragraph. 1 (b). l) after the word "and" following the word "on" and
the word "children" with the words "and the register of natural and legal
people who have been fined for allowing performance
illegal employment pursuant to section 5 (b). e) point 3 ".
11. In paragraph 75 at the end of paragraph 5, and section 76 at the end of paragraph 2, the following
the sentence "the contribution of the employer does not provide for a period of 3 years from the date of
the acquisition of a legal decision on the imposition of a fine for allowing the performance of
illegal employment pursuant to section 5 (b). e) point 3. ".
12. in section 75 para. 8 for the letter j) the following new subparagraph to), which read as follows:
"to return immediately to the employer) contribution in the event that it
was provided during the 12 months before the date of acquisition of legal power
decision imposing a fine for allowing the performance of illegal employment pursuant to section
5 (b). point 3 (e)), and the deadline for returning the contribution. "
To be repaced by) is referred to as the letter l).
13. in section 76 para. 6 the letter ' k) "is replaced by the letter" l ").
14. in paragraph 78, the following at the end of paragraph 4, the final part of the provisions of the
"The contribution of the employer does not provide for a period of 3 years from the date of acquisition
the decision imposing a fine for allowing the performance of illegal
the work pursuant to section 5 (b). e) point 3. ".
15. In paragraph 78, the dot at the end of paragraph 8 is replaced by a comma and the following
new subparagraph (f)), which read as follows:
"(f)) of non-contribution where the employer was fined for
to allow the performance of illegal employment pursuant to section 5 (b). e) point 3, and from the date of
the acquisition of the decision imposing the fines after 3
years. ".
16. in section 78 para. 10, the words "amount; failure to meet this obligation "
replaced by the words "amount; Similarly, the employer is obliged to return the
contribution in the event that he was provided during the 12 months before the date of
the acquisition of a legal decision on the imposition of a fine for allowing the performance of
illegal employment pursuant to section 5 (b). point 3 (e)). Failure to comply with these
obligations ".
17. in § 87 para. 1, the first sentence is replaced by the phrase "Takes to the
the citizen of the European Union, a job his family member (section 3 (2)),
a family member of a citizen of the United Kingdom referred to in § 3 (1). 3,
the alien referred to in section 98 (a). a) to (e)), and (j))-r), which is
does not require a work permit, or an alien, which requires
a work permit, the employer or the legal or natural
a person who has entered into a contract with a foreign employer on the
These persons were sent to the territory of the Czech Republic to carry out the tasks
under this agreement, shall in writing of this fact
inform the appropriate branch of the provincial Labour Office no later than
the date of commencement of such persons to perform work. ".
18. In paragraph 98 (a). p) and r), the words ' European Community ' shall be replaced by
the words "European Union".
19. in paragraph 102, paragraph 2, the following paragraph 3 is added:
"(3) the employer shall keep copies of the documents proving the
the legitimacy of the stay at ^ 3) foreigners on the territory of the Czech Republic, for a period of
duration of employment and the period of 3 years from the termination of the employment of this
foreigners. ".
The former paragraph 3 shall become paragraph 4.
20. in section 111 at the end of paragraph 5, the following sentence "the material support to
creation of new jobs or material support for retraining or
training new employees with employers fail to provide for a period of 3 years
of the effective date of the decision imposing fines for allowing
the performance of illegal employment pursuant to section 5 (b). e) point 3. ".
21. in § 111 paragraph. 6 for the letter h) the following new subparagraph (i)), which read as follows:
"even the employer's obligation to return without delay) material support if
He was granted in the period of 12 months before the date of acquisition of legal power
decision imposing a fine for allowing the performance of illegal employment pursuant to section
5 (b). point 3 (e)), and the time limit and conditions for return of material aid ".
The present letter i) is renumbered as paragraph (j)).
22. in § 111 paragraph. 7 for the letter j) the following new subparagraph to), which read as follows:
"to return immediately to the employer) material support if
He was granted in the period of 12 months before the date of acquisition of legal power
decision imposing a fine for allowing the performance of illegal employment pursuant to section
5 (b). point 3 (e)), and the time limit and conditions for return of material aid ".
To be repaced by) is referred to as the letter l).
23. in paragraph 118, the following paragraph 5 is added:
"(5) Posts under section 112 to 114, 116 or 117 with employers
do not provide for a period of 3 years from the date on which the decision of the
imposition of a fine for allowing the performance of illegal employment pursuant to section 5 (b). (e))
point 3. ".
24. in section 119 paragraph 1. 2, letter g) the following point (h)), which read as follows:
"(h) the employer shall immediately return) the obligation under section 112 to post
114, 116 or 117 in the case that he was provided with a period of 12 months
before the date of application of the decision imposing fines for allowing
the performance of illegal employment pursuant to section 5 (b). (e) point 3, a period), and the terms
return of contribution. "
Letter h) is referred to as the letter i).
25. In section 119a para. 8 (a). (b)), the number "2" is replaced by "3".
26. in § 120 paragraph 1. 1 the words "European Community" shall be replaced by
"The European Union".
27. section 136:
"§ 136
Legal or natural person is required to have in place a workplace a copy of the
documents proving the existence of an employment relationship and the documents
that is required to keep under section 102 paragraph. 3. ".
28. in § 139 paragraph 2. 1 (b). (d)), after the words "the work", the words "in accordance with
section 5 (b). e) point 1 or 2. "
29. in paragraph 139 at the end of paragraph 1, the following point (f)), which read as follows:
"(f)) allows the performance of illegal employment pursuant to section 5 (b). e) point 3. ".
30. In § 139 paragraph 2. 3 (b). (e)), after the words "(a). (d)) "the words" and
(f)) ".
31. in § 140 para. 1 at the end of subparagraph (c)), the words "in accordance with § 5
(a). e) point 1 or 2. "
32. In paragraph 140, at the end of paragraph 1, the following point (e)), which read as follows:
"e) will enable the performance of illegal employment pursuant to section 5 (b). e) point 3. ".
33. In § 140 para. 4 (b). (f)), after the words "(a). (c)) "the words" and
(e)) ".
34. In paragraph 141, at the end of paragraph 2 the following sentence "when determining the amount
the fine for the offense under § 139 paragraph 2. 1 (b). (f)) or for an administrative offence
According to § 140 para. 1 (b). (e)), shall take into account the amount of the sums
legal or natural person shall be required to pay under section 141b of paragraph 1. 1 (b).
b).“.
35. in paragraph 141, the following new section 141a and 141b, including title and
footnotes # 90 and 91 are added:
"The responsibility of the employer and the other legal or natural persons
section 141a
(1) for the payment of the fine imposed for the offense under § 139 paragraph 2. 1 (b). (f))
or an administrative offence under § 140 para. 1 (b). e) is guaranteed by the legal or
a natural person, legal or natural person who has allowed aliens
the performance of illegal employment pursuant to section 5 (b). e) point 3, in the framework of the
the business relation's performance as a subcontractor, directly or through
another person; the same guarantees and an intermediary. Liability arises only in the case
If about illegal work under section 5 (b). e) point 3 of these people knew
or when you take due care to know should and could be.
(2) whether liability referred to in paragraph 1 and who is the guarantor shall issue
The Labour Office of the decision. Administrative proceedings under the first sentence can be initiated
not later than 90 days from the date of the decision on the imposition of
the fine for the offense under § 139 paragraph 2. 1 (b). (f)) or for an administrative offence
According to § 140 para. 1 (b). (e)).
section 141b
(1) a legal person that has been fined for administrative
offence under § 140 para. 1 (b). (e)), or a natural person who has been
Finally imposed a fine for the offense under § 139 paragraph 2. 1 (b). (f)), it is
obliged to pay the
and aliens who had done) work under section 5 (b). e) point 3, due to the
reward,
(b)) the amount equal to the sum of the amounts corresponding to the
1. the premiums for general health insurance, including penalty ^ 90),
2. social security including the finance charge ^ 21), which would otherwise
was payable under other legislation, and
(c) the costs associated with the delivery of) the due remuneration referred to in subparagraph (a)), and it
even in the State of which the foreigner's nationality or, in the case that the person without
citizenship, in his last State of residence,
where appropriate, to another State in which he is allowed to stay.
(2) it shall be deemed that the remuneration due pursuant to paragraph 1. and) in
the amount of the basic monthly minimum wage rate ^ 91) for each month of duration
the performance of illegal employment pursuant to section 5 (b). point 3 (e)). It is considered that the
alien work 3 months.
(3) the obligation under paragraph 1 (b). and) and c) is guaranteed by the legal
or natural person, legal or natural person who has allowed
the performance of illegal aliens work pursuant to section 5 (b). e) point 3 provided in
the commercial relationship of performance as a subcontractor, directly or
through another person; the same guarantees and an intermediary. Liability arises
only in the case of the illegal work under section 5 (b). (e) point 3 of these)
the person knew, or when you take due care to know should and could be.
(4) as to whether the guarantee referred to in paragraph 3 was created and who is the guarantor shall issue
The Labour Office of the decision. Administrative proceedings under the first sentence can be initiated
not later than 90 days from the date of the decision on the imposition of
the fine for the offense under § 139 paragraph 2. 1 (b). (f)) or for an administrative offence
According to § 140 para. 1 (b). (e)).
90) Act No. 586/1992 Coll., on premiums for general health
insurance, as amended.
91) § 111 of the labour code ".
Article. (II)
Transitional provisions
1. the obligation to return the investment incentives provided under section 111 and
posts on the tools and measures of active employment policy in accordance with §
75 and 76, section 112 to 114, § 116 and 117, as well as the contribution under section 78 of the Act
No. 435/2004 Coll., in the version in force from the date of entry into force of this
the law does not apply in relation to the agreements for the provision of investment
incentives or contribution done before the date of entry into force of this
the law.
2. the obligations pursuant to § 87 para. 1, § 102 paragraph. 3 and section 136 of the Act No.
435/2004 Coll., in the version in force from the date of entry into force of this Act,
are legal and natural persons, which hired foreigners to the date on which the
the effectiveness of this law, shall meet within a period of 3 months from the date of
entry into force of this Act.
PART TWO
Amendment of the Act on public health insurance
Article. (III)
In section 2 (2). 5 of Act No. 48/1997 Coll., on public health insurance, and
amending and supplementing certain related laws, as amended by Act No.
424/2003 Coll., the words "exempt persons," the words "that the
the Czech Republic shall carry out illegal work under section 5 (b). (e))
section 3 of the Employment Act, and also of the person ".
PART THREE
Amendment of the Act on public procurement
Article. (IV)
Act No. 137/2006 Coll., on public procurement, as amended by Act No.
110/2007 Coll., Act No. 296/2007 Coll., Act No. 76/2008 Coll., Act No.
124/2008 Coll., Act No. 41/2009 Coll., Act No. 110/2009 Coll., Act No.
228/2009 Coll., Act No. 281/2009 Coll., Act No. 417/2009 Coll., Act No.
179/2010 Coll., Act No. 423/2010 Coll., Act No. 73/2007 Coll. and Act No.
258/2010 Coll., shall be amended as follows:
1. In § 53 para. 1, the following point (j)) the following new subparagraph to), including
footnote # 77:
"that was not in k) of the last 3 years been fined for
to allow the performance of illegal work under special legislation ^ 77),
77) § 5 (b). e) point 3 of Act No. 435/2004 Coll., on employment, in the
as amended. ".
Letters k) and (l)) are known as the letter l) and (m)).
2. In § 53 para. 3 (b). (d)), the words ' i) to l) "are replaced by the words" i) to
m) ".
PART FOUR
Amendment of the Act on health insurance
Article. In
In section 9 of Act No. 187/2006 Coll., on sickness insurance, the present
the text becomes paragraph 1 and the following paragraph 2 is added:
"(2) are excluded from the insurance of persons who are not citizens of the United
States or citizens of the European Union and are employed in the Czech Republic
without a valid residence permit in the territory of the United States under another
^ Law 6). ".
PART FIVE
The EFFECTIVENESS of the
Article. (VI)
This Act shall take effect on the date of its publication.
Němcová in r.
Klaus r.
Nečas in r.
