Does free access to the labor market apply to you?

Written by Hana Křenková

I am thoroughly helping foreigners every day. My team and I provide comprehensive legal services both in Czech and English language.

April 21, 2021

In general, the primary authorization for ex pats to work legally in the Czech Republic is the employee card, which we discussed in detail in previous articles. What follows are other alternatives for legally obtaining employment in the Czech Republic based on free access to the labor market, for which an employee card is not required.

What do you need in such a case?

The important thing is to be in possession of a residence permit for the Czech Republic. The most frequent situations in which you can make use of the free-access option in conjunction with your residence permit are listed below. 

1. You are a (family member of a) citizen of the European Union:
      • As a member of the European Union, you can obtain employment in the Czech Republic as easily as, for example, a Czech citizen. The only duty there is lies with the employer. They are required to notify the regional branch of the Labor Office (Úřad práce) of your employment with them by the first working day at the latest. You are not obliged to do anything.
      • As the spouse or any other family member of a citizen of the European Union, you can obtain employment just as easily as an EU citizen. However, you must apply for a temporary residence permit as a family member of a citizen of the EU. That is the only requirement placed on you.
2. You are a citizen of a third country:
      • You have been granted a permanent residence permit. With respect to freely accessing the labor market, this is the simplest alternative. You can obtain employment here as if you were a Czech citizen. Nevertheless, being issued a permanent residence permit is the bigger challenge. 
      • You are a student, attend school or university, and are preparing for your future occupation. You are only entitled to freely access the labor market if you are a student registered on an accredited daily program or in-person program of a high school, conservatory, college or university (i.e. the code in your visa is 23 or 24). This also applies to doctoral studies. As you will be aware, neglecting your studies because of having a job is not good because your study is the primary purpose of your stay in the Czech Republic. It is advisable to bear this in mind at all times. 
      • You have finished your studies in the Czech Republic, or are a graduate of or hold a diploma from an accredited study program of a high school, college or university in the Czech Republic. If this is the case, you also have free access to the labor market. However, you will need to apply for and be issued a new residence permit. The reason for this is that your temporary residence permit for the purpose of studying expired upon your graduation. Ideally, you should apply for a non-dual mode employee card before your original residency permit or visa expires. This is a smooth way to have your stay authorized.  
      • You are staying based on long-term residence for the purpose of family reunification. You then also have free access to the labor market. Make sure, though, that the code in your residence permit is 95 and that your stay here is categorized asfamily cohabitation” / společné soužití rodiny. If your residence permit code is 17, and your stay is categorized as “family” only, this poses a problem. Under such circumstances you are considered a foreign national and are not entitled to freely access the labor market. 

To gain free access to the labor market, the stay in the Czech Republic of the person you want to reunify with must be authorized as permanent residence or long-term residence. For instance, the wife of an Indian employed in the Czech Republic based on an employee card, has free access to the labor market. Another thing you have to keep in mind is that you would only have free access to the labor market based on the long-term residence permit for the purpose of family reunification, not based on the long-term visa issued for the same purpose. Do not mistake the one for the other!

3. Other interesting options:
      • You have been granted asylum or a long-term residence permit for the purpose of protection. Under such circumstances, you are also entitled to freely access the labor market. However, a foreigner staying here on the basis of a residence permit for the purpose of “tolerated stay on the territory” does not have free access to the labor market.
      • You are an artist, athlete or lecturer and need to undertake short-term employment only. Free access to the labor market is also possible in this situation for as long as the work is for a maximum of 7 consecutive days and/or 30 working days in a calendar year. 
      • You are a scientist employed with a public research institution, college or university in the Czech Republic. You are then also entitled to freely access the Czech labor market.
      • International treaties and “work and travel” programs. Free access to the labor market may be provided based on international treaties. Such treaties most frequently provide for working visits by the youth. The Czech Republic has such treaties with, for example, New Zealand, Canada, South Korea and Israel.

So now you know, an employee card is not the only option through which it is possible to obtain employment in the Czech Republic. There is a whole range of possibilities. Hopefully, you will find the right one for you. 

If you are not sure what particular steps you should take, do not give up. Contact our staff with confidence and we would be happy to help you with everything. 

You can also join us on our Facebook!

You May Also Like…