In 2022, foreign nationals made up approximately 11% of all employed persons in the Czech Republic, with citizens of Ukraine, Mongolia, and the Philippines forming a significant part of that group. Employing citizens of so-called third countries (outside the EU/EEA/Switzerland) in the Czech Republic is subject to special rules. Below we give a step-by-step guide to employing foreign nationals from Ukraine, the Philippines, and Mongolia, the legal conditions, information on government programs, and a list of administrative steps for employers.
Procedure for employing foreign nationals
1. Reporting a vacant position
Before an employer can hire a foreign national, it must report the vacant position to the regional branch of the Labour Office of the Czech Republic. This obligation applies to every position for which the employer wants to hire a foreign national who does not have free access to the labour market, i.e. who needs a work permit, an employee card, or a blue card.
When reporting a vacant position, the employer must state the characteristics of the position – the type of work, place of performance, required qualifications, wage conditions, whether it is for a fixed term (including its length) or indefinite, etc., in line with the applicable procedures and obligations of employers. If the foreign national is to be employed under an employee card, the employer must give its consent to listing the position in the central register of positions for employee card holders and keep it in the Labour Office register for at least 30 days from the date it was reported. This serves as a labour market test – verifying that the position cannot be filled by domestic labour.
2. Selecting a suitable candidate
The employer either already has a candidate selected from abroad, or is looking for applicants. It can use the Labour Office database or carry out its own recruitment. For economic migration programs (see below), it is assumed that the employer already knows the specific candidate and is applying for their inclusion. The position must meet the conditions of the program (e.g. certain occupations under the CZ-ISCO classification for some programs – see section 3).
3. Concluding an employment contract or a contract for a future contract
Before the foreign national applies for a visa/residence permit, the employment documents must be prepared. The law requires that the foreign national have a written employment contract (or an agreement to perform work) for the period during which the employment will be carried out, or at least a written contract for a future contract committing the parties to conclude an employment contract within a specified period. These documents must state the duration of the employment relationship, the amount of the wage/remuneration, the stipulated weekly working hours, and leave entitlement (this is mandatory in particular if the foreign national is applying for a work permit, and the law requires the equivalent for employee cards).
For less qualified full-time positions, this will usually be a fixed-term employment contract (the maximum length is typically 2 years, given the card’s validity – see below). The wage offered must be at least the Czech minimum wage (or the corresponding level of the guaranteed wage for the relevant category of work), and the working conditions must be comparable to the conditions for Czech citizens.
Employee card holders must be contracted for at least 15 hours a week, and their wage may not be lower than the basic minimum wage rate regardless of the extent of employment. Blue cards are subject to a higher pay minimum, 1.5 times the average wage (Employer procedures and obligations). The blue card applies to highly qualified positions, not ordinary manual work.
4. The foreign national’s application for a residence and work permit
The selected candidate from abroad must obtain authorization to reside for the purpose of employment. For positions longer than 3 months, the employee card is normally used, a combined permit for long-term residence and employment. The foreign national submits the employee card application at the Czech diplomatic mission (embassy/consulate) in their home country or another designated country. The application must be accompanied by documents: the employment contract (or a promise of a contract) from the employer, proof of secured accommodation in the Czech Republic, a passport, a photograph, and, where applicable, proof of education or professional qualification for the given position. In some cases, an extract from the criminal record of the country of origin may be requested (depending on the current requirements of the Ministry of the Interior).
If the employer takes part in a government program (e.g. the Ukraine Regime, etc.), the candidate receives a priority appointment for submitting the application at the embassy – more on this in section 3.
For short-term employment of up to 90 days, a work permit and a short-term visa would be required instead of an employee card, but for fixed-term full-time employment (longer than 3 months), the employee card is used. The exception is seasonal work of up to 6 months, for which a special long-term visa for the purpose of seasonal employment exists, again with authorization from the Labour Office.
5. Approval and issuance of the permit
Authorities in the Czech Republic (the Ministry of the Interior – Department for Asylum and Migration Policy) assess the employee card application. The regional branch of the Labour Office confirms that the position was duly reported and can be filled by a foreign national (this is part of the so-called labour market test). Once all requirements are met, the Ministry of the Interior issues a decision granting long-term residence – the employee card. Processing usually takes around 60 days (for economic migration programs, the appointment for submission is often faster, but the procedure itself still takes several weeks).
Once the application is approved, the candidate receives a visa for a stay of over 90 days for the purpose of collecting the employee card (the so-called entry visa). After arriving in the Czech Republic, the foreign national must visit a Ministry of the Interior office to provide biometric data and collect the plastic card.
6. Starting employment
On the day the foreign national starts work, the employer concludes the employment contract with them (if only a future contract existed until then) and familiarizes them with occupational health and safety obligations, etc., just as with any other employee. No later than the day employment starts, the employer must notify in writing the regional branch of the Labour Office that the foreign national has started the given position. This is done using the “Notification of commencement” form, which can be submitted via a data box or electronically. This reporting obligation is set out in Section 87 of the Employment Act.
7. Registration with the ČSSZ and a health insurance company
Within 8 calendar days of the start date, the employer must register the new employee for social insurance with the locally competent District Social Security Administration (ČSSZ) and with the health insurance company with which the employee is insured. For foreign nationals with long-term residence for the purpose of employment, participation in public health insurance arises the same way as for Czech employees – from the first day of employment. The employer therefore registers the new employee with their health insurance company (if the foreign national has no preference, usually VZP) and begins paying premiums on their behalf. Participation in social insurance (sickness and pension insurance) likewise arises – the employer completes and submits a notification of commencement of employment to the OSSZ. These steps are the same for both domestic employees and foreign nationals.
If the foreign national were to work on a limited scope basis or on a DPP up to CZK 10,000 a month, no insurance participation arises – the reporting obligation toward the OSSZ and the health insurer is then governed by special rules. For full-time employment with a standard wage, however, insurance always arises.
8. Other reporting obligations toward the Labour Office
If the foreign national does not start work at all (e.g. did not receive the visa in time or changed their mind), the employer is obliged to report this to the Labour Office. For holders of an employee card or a blue card, this notification must be made within 45 days of the date on which the conditions for issuing the card were met (typically approximately 45 days from the planned start date). For a foreign national with a (standalone) work permit, within 10 days of the date they were due to start.
If the foreign national’s employment ends early (before the permit/card expires), or if the employment relationship ends by notice or agreement for statutory reasons, or by immediate termination, the employer must report this fact to the Labour Office within 10 days and state the reason for termination. This information serves both statistical and monitoring purposes, and lets the Labour Office know that it may offer the vacant position again or remove it from the register. The foreign national must also report the termination of employment to the Ministry of the Interior, and a 60-day period begins for finding new employment if they wish to keep the card – but that is the foreign national’s obligation, not the employer’s.
9. Requirements after starting and during employment
The employer must keep records of the foreign nationals it employs. These records must include the foreign national’s identification details, nationality, passport number, address of permanent residence abroad and address for correspondence, type of work, place of work, duration of employment, and details of the issued permit (the number and validity period of the employee card or work permit).
Copies of the documents proving the right to reside and work (i.e. copies of the employee card, visa, permit) must be kept by the employer for the entire duration of employment and a further 3 years after it ends. The employer must also fulfil the standard obligations that apply to any employee – keeping payroll records, remitting income tax advances on the employee’s behalf, allowing the employee to take leave, ensuring occupational health and safety training, and, where applicable, an occupational medical examination, etc.
Aside from obtaining the permit and notifying the authorities, employing a foreign national on a full-time basis is administratively similar to employing a domestic employee.
Specialized programs for employing foreign nationals (Ukraine, Mongolia, Philippines regimes)
The Czech government has introduced several targeted economic migration programs that make it easier and faster to hire workers from selected countries. Since 2019, the Qualified Employee Program framework has unified the earlier individual regimes (the so-called Ukraine Regime, Other Countries Regime – Mongolia, the Philippines, Serbia, the Farmer Regime, and others). Below we outline how the programs relating specifically to Ukraine, Mongolia, and the Philippines work, and what conditions an employer must meet.
Ukraine Regime
In connection with the war in Ukraine, the number of Ukrainian employees in the Czech Republic increased significantly in 2022. However, the Ukraine Regime was already launched back in 2016 as a pilot project for the faster recruitment of both qualified and unqualified workers from Ukraine. The program has been gradually expanded and is now part of the Qualified Employee Program. This program sets an annual quota on the number of employee card applications submitted by Ukrainian nationals – currently up to around 11,000 a year. Applicants included in the program receive a priority appointment for submitting their application at the consulate in Kyiv or Lviv, eliminating long waiting times.
Conditions for employers
Only direct employers (not agencies) that have been operating for at least 2 years, have no outstanding debts to the state (taxes, insurance premiums), and employ at least 6 core employees can be included in the program. The employer submits an application for inclusion to the so-called program guarantor in the Czech Republic – these include, for example, the Confederation of Industry and Transport, the Chamber of Commerce, the Confederation of Employers’ and Entrepreneurs’ Associations, or the Association of Small and Medium-sized Enterprises (depending on sector or region). The guarantor assesses whether the criteria are met and forwards the application to the Ministry of Industry and Trade (the program administrator) for approval.
Conditions for job positions
The Ukraine Program (now the Qualified Employee Program) targets positions falling under CZ-ISCO classification 4–8, i.e. medium- and low-skilled jobs – typically tradespeople, repair technicians, machine operators, service workers, agricultural workers, and the like. It is not intended for highly qualified positions (there is a separate Highly Qualified Employee Program for those). The wage offered under the Ukraine Program must be at least 1.2 times the guaranteed wage for the relevant category of work, which ensures that foreign nationals are not undervalued compared to local workers. The program allows workers to be employed under standard employee cards (for up to 2 years, with the option of extension). A major advantage is the shortened waiting time – companies often report that the Ukraine Regime has cut processing time from many months down to a few weeks or a couple of months.
Other Countries Regime – Mongolia and the Philippines
In response to labour shortages, programs were also introduced for other countries, in particular Mongolia and the Philippines (from 2018/2019). These, too, were merged into the Qualified Employee Program. They work similarly to the Ukraine program: they set quotas and guarantee a faster process. For example, for the Philippines, an annual limit of 5,300 employee cards has applied since 2024, while for Mongolia the quota is 3,170 cards a year.
Applications from Filipino nationals are processed by the Czech consulate in Manila, and from Mongolian nationals by the embassy in Ulaanbaatar. The conditions for employers are the same – at least 2 years of company existence, 6 employees, no outstanding debts, direct employer. Here too, the positions must be classified under CZ-ISCO levels 4–8 (i.e. skilled workers, machine operators, services, agriculture, etc.) with a corresponding wage (at least 1.2x the guaranteed wage).
Employers proceed by applying through the guarantor for inclusion in the Mongolia/Philippines program, and once approved, receive an appointment for their candidates to submit their visa applications. In practice, Filipino workers are often employed in manufacturing, logistics, electronics, or even services (e.g. cooks, butchers, etc.), while Mongolian workers often take up manual trades in construction or industry. Thanks to these programs, companies shorten the time a position remains vacant – from application to start of work can take around 3–4 months, whereas outside the program it could take more than half a year.
Other programs
Besides the Qualified Employee Program mentioned above (for medium- and low-skilled workers), there is also the Highly Qualified Employee Program (for university graduates and experts, replacing the earlier Ukraine-India pilot project) and the Key and Scientific Personnel Program (for managers, scientists, start-ups, etc.).
Worth mentioning is the Extraordinary Work Visa Program, administered by the Ministry of Agriculture, which targets seasonal/manual workers in agriculture, forestry, and the food industry (formerly known as the “Farmer Project”). For example, for Ukrainian workers in agriculture, an extraordinary work visa was available between 2019 and 2022 for 1 year, with no option to extend, subject to a quota of 1,500 people a year. Since 2023, this program has been regulated by Government Regulation No. 437/2023 Coll. and extended to other countries (Georgia, Moldova, etc.). For agricultural employers, this is a way to obtain, for example, seasonal workers outside the standard employee card system.
In general, participation in a government program is not mandatory, but it significantly simplifies the process. An employer that meets the criteria gains the option of priority processing – in practice, a faster appointment at the embassy and often coordination of the process as well. For the foreign national, this means a shorter wait for the visa. These programs respond to demand from Czech companies for labour from specific countries, while also setting a framework to ensure employment takes place legally and in a coordinated way. Current information on the programs and procedures can be found on the MPSV website in the Economic Migration Projects section, and on the website of the Ministry of Industry and Trade, which administers the programs.
Other administrative steps and employer obligations
Besides obtaining the permit itself and the foreign national starting work, the employer must fulfil a range of standard administrative obligations as with any other employee, plus certain special obligations relating to foreign nationals:
- Social insurance (ČSSZ): The employer is obliged to register the employee (if they fall under insurance – which is always the case for full-time employment) with the ČSSZ. Standardly, a “Notification of Commencement of Employment” form is submitted within 8 days of the start date. Subsequently, the employer must make monthly payments of social security contributions (pension + sickness insurance) – part is paid by the employee out of their wage (6.5% pension, 0% sickness, since employees have not paid sickness insurance since 2019), and part by the employer (24.8% of the gross wage). These contributions and obligations are governed by the Act on Social Security Contributions. If this is the company’s first employee, the employer must register with the OSSZ as a payer. There is no exception for foreign nationals – even a foreign worker employed in the Czech Republic is subject to Czech social insurance (unless an exception applies under an international treaty or an EU regulation, which may apply, for example, to cross-border commuters, but does not apply to standard long-term employment).
- Health insurance: Likewise, the employee must be registered with their health insurance company (most foreign nationals choose VZP, but they may also choose one of the other 7 insurers). Notification of the start date must again be made within 8 days. The employer is obliged to pay public health insurance contributions – 13.5% of the gross wage (4.5% employee, 9% employer). For a foreign national with long-term residence for the purpose of employment, participation in public health insurance is mandatory by law – they are a so-called publicly insured person, just like a Czech citizen. Foreign nationals with a different status, e.g. students or self-employed persons, may fall outside public insurance and would need commercial insurance – but that is not the case for employee card holders. Once employment ends, the employer must deregister the worker from insurance within 8 days.
- Income tax and obligations toward the tax office: The employer remits an advance income tax on employment income on the employee’s behalf (15% or 23% of the gross wage, depending on the amount). Before starting, the employee should determine whether they are a tax resident or non-resident for tax purposes: if they have a permanent residence in the Czech Republic or stay there for more than 183 days, they become a tax resident and can claim personal and child tax credits, etc.; if not, they are taxed as a non-resident (with limited credits). The employer should have the employee sign a taxpayer declaration (the pink form) so that the basic tax credit can be applied. Companies must be registered with the tax office as payers of employment income tax – if they already employ Czech employees, this is already in place; if their first employee is a foreign national, they must register. Every month they then submit tax overviews, and annually they either carry out an annual tax reconciliation or issue the employee a confirmation for their tax return. These obligations are again the same as for other employees – no special taxes are levied for foreign nationals. It is only necessary to correctly take into account whether the employee is claiming tax credits (which they can if they are a resident, or at least from the EU – the Philippines/Mongolia are not in the EU, so a non-resident from there cannot claim e.g. the personal tax credit; the same applies to a Ukrainian non-resident, unless they become a Czech tax resident).
- Immigration authorities and obligations: After the foreign national arrives in the Czech Republic on a visa for the purpose of collecting the card, they are obliged to register with the Foreign Police within 3 working days (unless they are staying at a hotel, which will do this on their behalf). This registration is often combined with the first visit to the OAMP (Ministry of the Interior) for biometrics. The employer should inform the employee of this obligation. Furthermore, during employment: if the foreign national wants to change position with the same employer or move to a different employer within the first 6 months of the employee card’s validity, they must request the Ministry of the Interior’s consent in advance. After 6 months, it is sufficient to notify the Ministry of the Interior of the change (the employer should be aware of these steps and cooperate, e.g. by providing a new contract for the application). Extending residence: The employee card can be extended repeatedly. If the employer wants to keep employing the foreign national after the fixed term ends, it should conclude an amendment/extension of the contract in good time, and the foreign national must submit an application for extension to the Ministry of the Interior approximately 3 months before the card expires. The employer can help by providing the necessary documents (a new employment contract). Departure of an employee: Besides notifying the Labour Office (see above), the employer should issue the foreign national a Certificate of Employment just as for any other employee, and deregister them from insurance. The foreign national then handles their further stay themselves (e.g. departure or finding new employment within the statutory 60-day period).
- Other obligations and recommendations: The employer must allow for possible inspection by the labour inspectorate or the Labour Office – inspectors may check whether foreign nationals are working legally (i.e. hold a valid permit, an employment contract, and are not working “off the books”). It is therefore important to keep all documents in order – the employment contract, a copy of the employee card, attendance records, etc. Keeping records of foreign employees (see above) is a statutory obligation, and failure to comply can result in a fine. It is also necessary to continuously monitor the validity of the employee’s residence permit – if it is nearing expiry and the employee has not extended it, the employer should draw attention to this (or check whether an application has been submitted). Last but not least, the employer must guarantee foreign nationals equal treatment and a wage no lower than what is usual for a similar position. Discrimination against foreign nationals in pay is prohibited by law; on the contrary, working and pay conditions are expected to be the same as usual for Czech citizens in the given position.
Legal context of employing foreign nationals
The Employment Act (No. 435/2004 Coll.) – the basic legal framework governing the employment of foreign nationals. It sets out which foreign nationals have free access to the labour market (e.g. EU citizens and their family members, foreign nationals with permanent residence, graduates of Czech schools, etc.), and which, conversely, need a work permit. It also imposes obligations on employers: e.g. reporting vacancies (Section 86), informing the Labour Office of a foreign national starting and ending employment (Sections 87, 88), and keeping records of foreign nationals (Section 102). Violating these obligations can be sanctioned as an offence or administrative delict. The Employment Act also defines the concept of illegal work by a foreign national and the penalties for enabling it (a fine that can run into the hundreds of thousands of CZK, or a ban on the employer’s activity).
The Act on the Residence of Foreign Nationals (No. 326/1999 Coll.) – governs visas and residence authorizations. It introduced the employee card (Section 42g et seq.), which functions as a dual permit – authorizing both residence and employment in a given position. When employing a foreign national under an employee card, a separate permit from the Labour Office is therefore not needed (that is part of the card process), unless it is a non-dual card (exceptions apply where the foreign national resides in the Czech Republic for a different purpose and needs a separate work permit from the Labour Office – e.g. holders of a toleration visa, seasonal employees, asylum seekers after 6 months, etc.). The Residence Act also contains requirements for residence applications, the procedure followed by the Ministry of the Interior when issuing employee cards, the conditions for changing employer (the need to report and request consent when changing jobs within the first 6 months of the card’s validity, etc.), and the foreign national’s obligation to report their address to the police within 3 days of arrival. Specific government regulations set the annual quotas for the number of employee card applications submitted at individual embassies (e.g. Government Regulation No. 220/2019 Coll. and later regulations set quotas for economic migration from selected countries).
The Labour Code (No. 262/2006 Coll.) – the provisions of the Labour Code apply fully to an employment relationship with a foreign national, just as with any other employee. The foreign national has the same rights and obligations (working hours, wages, allowances, occupational safety, termination of employment, etc.). The limitation on fixed-term employment (a maximum of 3 years and a maximum of three renewals, unless a statutory exception applies) must be respected for foreign nationals too – an endless series of short-term contracts cannot be arranged merely to extend visas. The difference is that a foreign national’s employment relationship can effectively end through withdrawal of the visa/permit – if the foreign national loses their right to reside and, with it, their right to work, they can no longer continue working. In such a case, the employer would have to terminate the employment relationship (typically by agreement or by notice due to an obstacle on the employee’s side). There is no restriction with regard to the type of contract – a foreign national can be employed full-time or part-time, for a fixed or indefinite term (subject to the validity of the permit), or even under agreements outside employment (DPP/DPČ), provided they have the necessary work permit. However, as noted above, the law requires a minimum hourly commitment and income for an employee card. If a foreign national works under a DPP/DPČ, the obligation to hold an employee card or permit still applies – the only exception is for those with free access to the labour market, who can work without restriction just like Czech citizens.
Other regulations: Relevant regulations also include Ministry of the Interior decrees implementing the Act on the Residence of Foreign Nationals (e.g. Decree No. 429/2010 Coll. on document templates, which sets out the form of the employee card), government regulations establishing uniform procedures for economic migration programs (e.g. Government Regulation No. 291/2019 Coll. introduced the extraordinary work visa for Ukrainian nationals in agriculture, and Government Regulation No. 220/2019 Coll. set quotas for the programs, etc.), and the authorities’ methodological guidelines (the MPSV issues instructions for Labour Offices, and the Ministry of the Interior issues methodologies for the OAMP).
In the area of social security and health insurance, the key legislation is Act No. 48/1997 Coll. on Public Health Insurance (participation of foreign nationals with long-term residence in public insurance) and Act No. 187/2006 Coll. on Sickness Insurance plus Act No. 155/1995 Coll. on Pension Insurance (which define when insurance arises upon employment). From the employer’s perspective, these laws set no differences for foreign nationals – the main task is to meet the reporting obligations and pay contributions the same as for Czech employees.
Employing foreign nationals from Ukraine, the Philippines, or Mongolia on a main employment basis requires careful preparation and cooperation with the authorities. The key is to secure the foreign national the necessary work and residence permit (typically the employee card) and to fulfil the reporting obligations toward the Labour Office. By following all the steps and statutory requirements, an employer can successfully bring in labour from abroad, and the foreign national can work legally with the full rights of an employee. Further information is provided, for example, by the Ministry of Labour and Social Affairs on its website in the Employment of Foreign Nationals section, and by the MPSV Integration Portal, where the necessary forms and overviews of obligations are also available for download. It is recommended to keep track of ongoing changes (e.g. program quotas, the minimum wage level, legislative amendments), as migration and employment legislation may continue to evolve.
This article draws on publicly available information and data as of February 2025. The information provided is for general orientation only and should not be considered legal advice.
Useful links:
- Procedures and obligations of employers when employing foreign nationals who do not have free access to the labour market
- Qualified Employee Program
- Economic migration projects
- Employing refugees
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