As in the other EU countries, there is also an obligation in the Czech Republic to notify the posting of employees to the appropriate authority. The duty in question constitutes the implementation of the provisions of Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (“IMI Regulation”).
Let’s check how the information obligation is implemented in the Czech Republic.
1. Notification obligation
The obligation to notify the posting of workers to the Czech Republic is stipulated in § 87 of the Employment Act. This provision requires an employer with the head office in another EU Member State to inform the competent regional branch of the Labour Office of the Czech Republic about the performance of work on Czech territory by workers posted by this employer.
The employer must fulfill the obligation in question regardless of the length of the period for which the worker is seconded.
The employer is obliged to notify both the start and end of work. Information concerning the commencement of work should be presented no later than on the day on which the employee starts working in the Czech Republic. On the other hand, the notification on the termination of work in the Czech territory should take place within 10 calendar days after the end of the posting. The obligation to inform on the termination of the secondment doesn’t arise if the work ended on the day originally indicated by the employer in the notification.
In the event that the period of posting to the Czech Republic is to exceed 12 months, the employer should inform the regional branch of the Labour Office of the Czech Republic. The notification shall be submitted before the expiry of 12-month period. It should contain the specification of the reasons why the period of work in the Czech Republic exceeds one year.
2. Form of the declaration
It results from § 87 of the Employment Act that information concerning the secondment should be provided in writing. The notification can’t be submitted via a special, dedicated web portal.
The notice of posting must be presented on an official form (its template is available on the Czech Ministry of Labour website). The form shall contain information concerning, among others:
- the posting employer – name, address, VAT number, identification of the contact person acting on behalf of the posting employer and contact details for this person;
- if the posting employer is a temporary-work agency – identification data of the agency’s representative and scope of its activities;
- details of the counterparty to whom the service is provided – address of the place of work, name and head office of the counterparty, identification of the contact person and contact details for this person;
- the posting period,
- the sector in which the employee is seconded and the type of work performed by the posted employee,
- data of the seconded worker – first name, surname, gender, nationality, date and place of birth, permanent residence address, travel document number.
The form has been drawn up in such a way that only one posted worker can be entered into it. In practice, this means that a separate form shall be completed for each employee. It isn’t possible to indicate several seconded workers in one document.
The completed form can be sent by post or e-mail. The document should be sent to the address of the competent district branch of the Labour Office of the Czech Republic. The jurisdiction of the authority depends on the place of posting of foreign employees.
3. Sanctions
Failure to comply with the information obligation constitutes an offence punishable by a fine of up to CZK 100,000 (Articles 139 and 140 of the Employment Act).
4. Legal notice
The study is a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (OJ 2006, No. 90, item 631, consolidated text, as amended). Publishing or reproducing this study or its part, quoting opinions, as well as disseminating in any other way the information contained therein without the written consent of Crede sp. z o.o. is prohibited.
