Temporary protection for newcomers
Until now, Ukrainians could obtain a special visa for tolerance purposes. Based on this visa, they could start working in the Czech Republic. However, this required obtaining a work permit from the employment office. The work permit could only apply to a vacancy declared to the employment office by the employer. It is clear that, given the number of new arrivals from Ukraine, it was necessary to simplify this long procedure.
The aforementioned law resolved the situation. Currently, the labor market for Ukrainian newcomers has relaxed. Refugees who stay with us apply for temporary protection, they can start working immediately. They no longer need a work permit. The advantage is that it no longer has to be a job advertised by the employment office, but any vacancy.
They can conclude an employment contract or an agreement concluded outside the employment relationship (both agreements, that is, the agreement on the performance of work), and even work part-time and simultaneously on multiple employment relationships for one or more employers. In short, they have conditions comparable to those of employees in the Czech Republic.
1. What will happen to employees who have already obtained a special visa?
Even Ukrainians who have already in the period from February 24 to March 20, 2022 They have obtained a special visa in order to be tolerated, they do not have to fear being disadvantaged. They are now considered foreigners with temporary protection. Temporary protection is granted until March 31, 2023. Foreigners usually have a visa sticker in their passport.
Although foreigners with temporary protection (special visas) can enter into any employment relationship without a work permit or work card, for employers the notification obligation continues to apply at the employment office by filling in the corresponding form (the beginning and the end of the employment relationship are announced). No later than the day the work begins. Otherwise, the employer runs the risk of imposing a fine of up to CZK 100,000.
2. Should there be a medical examination at work?
The law on specific health services and its implementing decree do not allow any exception for the entry control of foreigners. Before entering into an employment relationship, it must always be implemented, in the case of agreements that comply with the law. Here too, the contractual doctor is entitled to request certificate issued by the employee’s general practitioner. This is usually a statement from a foreign doctor with a certified translation into the Czech language (except for Slovak, when a translation is not required). However, in the case of refugees from Ukraine, it cannot be assumed that they will have such an extract. The law more or less does not provide for such a situation. Although the future employee is unable to provide the statement, the doctor must conduct an examination. This fact is recorded by the declaration of the foreigner in the medical file.
3. In which language should the employment contract be drawn up?
If a contract or employment agreement is concluded with an employee who does not understand Czech, it is recommended to produced in two language versions (mainly in Czech, then in a language that the employee clearly understands). This procedure can avoid the later complications that accompany a contract written only in Czech or a contract written only in a foreign language. The obligation to translate the employment contract into the employee’s mother tongue does not arise from any valid and effective legal provision.
If a dispute arises in the future as to whether or not a foreign language contract established an employment relationship, the employee should be instructed to add to the text of the contract that he understands the employment contract and to make this declaration in the language in which the contract is (also) written. . Ideally in the employee’s own words (by hand, not by machine).
4. Should they be trained in their mother tongue?
Nor does the employer avoid the usual training of foreigners. It will be above all a question of health and safety. Current legislation does not specify the form, scope, content or frequency of OSH training (see Labor Code § 103 al. 3), but stresses that the training is provided correctly, clearly, concretely and in a demonstrable manner.
He explained the basic concepts regarding the training of foreigners for the Podnikatel.cz server Martin Simek from BOZP.cz:
- The concept of good training means such training, which is provided in connection with the work activities carried out, within the specified recurrence periods, during which the knowledge of the employees is verified in a demonstrable way (for example by a test or an interview with a checklist) and all training records are properly archived, resp. are traceable.
- I will understand the training means such training that allows the selection of relevant information with a consistent connection to the work activity performed by the employee. The time allocation for the training must correspond to the extent of the information transmitted, which is communicated to the educated people in such a way that it is fully understood (this also applies to foreigners).
- The specific training concept means training that includes clear instructions from the employer on occupational safety and health for the person being trained (i.e. the employee). Therefore, training should not take place at a general level, where the specific requirements for the conduct of the employee required for the safe performance of the job are not specified.
- The concept of demonstrable training means training which is best evidenced by a written document indicating unequivocally that the manner, content and extent of the training corresponded to the characteristics of the work carried out by the person trained, to the nature of the occupational risks involved and that the worker has been formed (signature and signature of the teacher).
And in this case, the word “understandable” is especially important. The option is an interpreter or the training itself in a foreign language.
For example, we provide staff training through online courses, which are also developed in Ukrainian, especially the most important courses, such as health and safety training, protection against fires, working at height or working in a warehouse, concluded Martin Simek.
5. Is it possible to use a Ukrainian driver’s license in the Czech Republic?
Even the employer’s requirement for employee driver’s licenses is not a barrier to their employment. Ukrainian drivers can drive cars in full compliance with applicable laws in the Czech Republic with his national driving license. This is possible for documents that correspond to the driving license model provided for by the Convention on Road Traffic (Vienna 1968). Nothing prevents Ukrainian drivers from not holding a European driving licence.
The driver’s license should be changed only in case of stay in the Czech Republic for a period of one year or more, Explain Gabriela Hajkova on sister server Měšec.cz.