Employment and labor relations of Ukrainian citizens residing in the Czech Republic as a result of the war was the second webinar on Friday, March 11, which ČAK managed to organize on this topical topic. And just like residency scheme for war refugees last week According to its participants, it has become a welcome source of information, especially for all lawyers who now help Ukrainians pro bono. In addition, ČAK made a video recording this webinar, so it is available whenever needed later. You can download and save it at this link. A presentation of the seminar is available HERE.
The seminar covered state employment policy towards Ukrainian citizens and state regulation of employment abroad in general, but the lecturers also touched on the private aspects of employment of foreigners and the specific conditions of Ukrainian citizens affected by the war, as well as labor market risks such as illegal employment, labor exploitation, etc.
“Unfortunately, when providing legal advice, our lawyers have also encountered intermediaries who offer various services for a fee, including placement, so it is certainly good that our volunteer lawyers are informed of all news in the relations of work of Ukrainians in the Czech Republic and can provide useful and insightful advice,” noted Chairman of ČAK JUDr. Robert Nemec, LL.M.., who joined the webinar primarily to thank the attorneys for their ongoing pro bono assistance, as well as the speakers for being able to dedicate time to training the attorneys and JUDr board members. Lucia Dolanská Bányaio, responsible for education, as well as the Ministry of Education for the organization of a webinar, free for lawyers.
“It is good that ČAK has been involved in this activity so that foreigners do not unnecessarily become easy victims of abuse by various intermediaries or even labor exploitation. Your help is very important to protect their rights.” he added Head of the Foreign Employment Department of the Ministry of Labor and Social Affairs Mgr. Antonin Seidel, who was also one of the speakers in the webinar and confirmed that MLSA has received signals from help centers that these cases are happening, and it is all the more important that they defend the lawyers and receive a qualified assistance. According to him, the situation will be closely monitored by the labor inspection authorities.
Mr. Seidel then acquainted the participants with the current legislation on the employment of foreigners in the Czech Republic, where foreign employees are allowed to enter the labor market on the basis of three work permits – via a work card, a work permit or via the blue card. for highly qualified employees. He then highlighted the specific employment conditions of Ukrainian citizens affected by the war. “The Ministry of Interior has issued long-term visas to newly arrived Ukrainian nationals in order to support their stay in the Czech Republic. However, these visas do not allow their holders to enter the labor market and these persons must apply for a work permit at the Labor Office EU Council Decision 2022/382 of 4 March 2022 launched a mechanism for granting temporary protection, which in practice means that the holder of a ‘temporary protection, as the holder of a permanent residence permit, is entitled to free access to the labor market.
In the government’s draft law on certain measures related to the armed conflict on the territory of Ukraine, caused by the invasion of the troops of the Russian Federation, known as Lex Ukraine and which is currently under negotiation in the Chamber of Deputies (Internal press 170) and will then be discussed by the Senate, the process of issuing visas and, consequently, work permits will be unified in practice and simplified.
Currently from the Chamber of Deputies of the Parliament of the Czech Republic
The relaxation of procedures for granting residence permits to refugees from Ukraine following the Russian military invasion will enshrine the government’s bill, which was approved by the Chamber of Deputies on March 11 in a state of legislative emergency . The draft is based on last week’s agreement of interior ministers of European Union member states on the introduction of temporary protection for refugees. It also regulates the entry of Ukrainians into the state health insurance system.
According to the draft, the Interior Ministry or the police will grant temporary protection to Ukrainian nationals and people who resided in Ukraine before the Russian invasion and whose travel to their home country is not possible. According to the proposal, people with temporary residence in Ukraine will not be entitled to it. Officials or police will be able to determine where refugees can apply for temporary protection, obtaining a one-year visa virtually immediately.
Refugees from Ukraine will probably soon be able to work in the Czech Republic without a work permit. They will be able to obtain jobs freely and without obstacles. Foreigners from non-EU countries in the Czech Republic usually need a job and a blue card or work permit. They do not need to have migrants allowed to live permanently in the Czech Republic. “For the purposes of the Employment Act, a foreigner with temporary protection is considered a foreigner who holds a permanent residence permit in accordance with the Law on Stay of Foreigners in the Czech Republic. ” is in the bill. They wouldn’t have to apply for a permit. They could find work directly, employers could accept it without hindrance.
Proposals for the two laws, which are due to come into force by the end of March next year, will now be considered by the Senate. His appointment is scheduled for next Wednesday, March 16.
In addition, in his contribution, he dealt with the work permit requested by the foreigner himself or through his employer, recalled all the conditions of this request and stopped at the controversial question, which is mandatory to provide the travel document number.
“It often happens that people fleeing war do not have papers, so they are only issued laissez-passer, which is a registration document, not a travel document. At the moment, however, their holders can apply for a work permit even if they do not have a travel document. We have instructed the regional directorates of the Labor Office in this spirit, so that they do not have to stop these applications, but issue a permit Another point of contention is the administrative fee, which cannot be lifted yet, which does not correspond to the understanding of the applicants, but we are doing everything we can to reduce the fee, which should allow Lex Ukraine, if it is adopted in the proposed version. added by Msgr. Seidel.
He also took care of the annexes to the request, in particular the documents attesting to the professional capacity and the elements of the employment contract attached to the request.
Then he spoke Msgr. Petr Schweiner z Labor Law Department of the Ministry of Labor and Social Affairs he talked about the legislation governing the current employment of foreigners with a long-term residence permit and a special visa, he also touched on the issue of the appeal order. “The current position regarding the Occupancy Order is that it is another significant personal impediment to the work, therefore the employer is obligated to apologize for the employee’s absence and the absence is not grounds for dismissal by the employer.Ukrainian employees who wish to voluntarily participate in the fighting have no choice but to terminate their employment by agreement or to agree with the employer to grant them unpaid leave,” he advised lawyers on the situation of Ukrainians already employed in the Czech Republic.
He also recalled the website Ministry of Labor and Social Affairs, where it is processed Ten for Ukrainians working in the Czech Republic and published additional information for both employers and foreigners, as well as news about immediate emergency aid and other benefits for Ukrainian citizens, Czech and Ukrainian. He advises lawyers to refer their clients to these regularly updated sites.
In his contribution, he also mentioned the information obligations of the other party, ie employers, record keeping and document retention. All important communications will be made available to lawyers in the presentation promised by the speakers and which ČAK will publish on its website under the heading HELP UKRAINE. Answers to lawyers’ questions will also be available at the same location.
“We will continuously compile statistics on the composition of employees who come to us from Ukraine, in terms of education and qualifications, language skills and other criteria, so that we have an idea of how they have a chance to participate in the labor market We want to concentrate them mainly in the employment agencies, where we will know their background, their skills… and we must include them among the job seekers, because only then that we will be able to continue to work with them and offer them a suitable job. We are also aware that it is the mothers with children who come to us most often, which is also an opportunity for us to make more use of the special project of shared places funded by the employment program. Our goal is to capture incoming employees in formal institutions, and we do not oppose cooperation with placement agencies. ment tried and tested, which however respect the rights of their employees. This can be very beneficial for both parties. » closed the seminar of Mgr. Seidel and points out brochure (Photo)created by the MLSA, which warns against unjustified job offers and is distributed in all refugee centers.
The speakers then provided important links to sites where lawyers and their clients can find answers to their questions and other information that may be useful to them. The reward was an immediate and collective word of thanks for an excellent seminar and perfect preparation.