Illegal employment

Illegal employment means:

• dependent work performed by a natural person outside an employment relationship,
• work performed by a foreigner in violation of an issued work permit or without it, or in violation of an employee card, an internally transferred employee's card or a blue card, or without any of these cards; (this does not apply in case of transfer to another work according to the Labour Code), or
• work performed by a foreigner for a legal or natural person without a valid residence permit in the Czech Republic.

 

Incentives to control

The reason is to submit an initiative for inspection is one of the attempts to assert one's rights through labour inspection bodies.

• How to initiate an inspection? Information on the SLIA website.
• Labour market risks and what to look out for? Information on the MLSA website.

 

Offenses

Misdemeanours of proceedings and fines imposed by the State Labour Inspection Authority or the relevant regional labour inspectorate. In determining the amount of a fine of a natural or legal person, the gravity of the offense shall be taken into account.

 

A foreigner from a third country or a citizen of the EU / EEA or Switzerland

• who performs illegal work commits an offense for which a fine of up to CZK 100,000 can be imposed according to the Employment Act.
• who stays at the workplace of the inspected person, performs work and does not prove his / her identity to the inspection body with an identity card or travel document, commits an offense for which a fine of up to CZK 200,000 may be imposed according to the Employment Act.

Employer - natural person

• which enables the performance of illegal work, commits an offense for which a fine of up to CZK 5,000,000 may be imposed pursuant to the Employment Act.
• commits an offense if, pursuant to the Employment Act, it fails to fulfil the notification obligation or does not keep the records stipulated in this Act. A fine of up to CZK 100,000 can be imposed for these offenses.
• commits an offense if, according to the Employment Act, he does not have

copies of documents proving the existence of an employment relationship at the place of work. A fine of up to CZK 500,000 can be imposed for this offense.

 

 

Employer - a legal entity or a natural person engaged in business

• which enables the performance of illegal work, commits an offense for which a fine of up to CZK 10,000,000 can be imposed according to the Employment Act, but at least in the amount of CZK 50,000.
• commits an offense if, pursuant to the Employment Act, it fails to fulfil the notification obligation or does not keep the records stipulated in this Act. A fine of up to CZK 100,000 can be imposed for these offenses.
• commits an offense if, according to the Employment Act, he does not have

copies of documents proving the existence of an employment relationship at the place of work. A fine of up to CZK 500,000 can be imposed for this o

 

Interdepartmental Body for Combating Illegal Employment of Foreigners

The Ministry of Labour and Social Affairs oversees the activities of the Interministerial Body for Combating Illegal Employment of Foreigners.

The mission of the body is mainly to coordinate the activities of member institutions in the field of illegal employment of foreigners, discuss and assess appropriate measures contributing to solving the issue, recommend directions of control and prevention activities and obtain information on the development of labour migration to the Czech Republic with a focus on its illegal form.