Are you an employee cardholder and planning to change your employer? When giving notice about the change of employer, you are supposed to not only submit the documents required by law but also to meet the set deadlines. We believe that our article can help you successfully prepare for and carry out the change of employer.
In addition to various issues related to looking for a new job, attending interviews, receiving a job offer and signing the expected new employment contract, foreign nationals – employee card holders – have to take care of other important matters, especially announcing the change of employer in compliance with the applicable legislation.
Before the actual process of changing the employer, you should ask yourselves the following questions: For how long have you been an employee card holder? Is your employment still ongoing or was it terminated? Do you have free access to the labour market? Do you need a work permit? The answers to these questions can help you determine the right next steps.
If you conclude that you do not have free access to the labour market and you do not even need a work permit, submit the Notification of the change of employer to the Department of Asylum and Migration Policy at the Ministry of the Interior of the Czech Republic and meet the following requirements:
- Employee card holder cannot submit the Notification of the change of employer sooner than 6 months after receiving their first employee card. An exception is when the employment was terminated in the first 6 months for the reasons stated in Section 52 (a) to (e) of Act No. 26/2006 Coll., Labour Code, as amended, by an agreement for the same reasons, by a termination of employment by the employer during the probationary period or by an immediate termination pursuant to Section 56 of Labour Code.
- The Notification has to be submitted to the respective Department of Asylum and Migration Policy of the Ministry of the Interior in person, in an electronic way using the data box or via e-mail with an advanced electronic signature.
- It is essential to remember that the Notification of the change of employer has to be submitted to the Ministry at the right moment. It has to be earlier than 60 days after the termination of your current employment and at least 30 days before the planned start of the new job with the new employer.
- Notification of the change of employer cannot be submitted if the new employer is an employment agency.
In order to submit the notification of the change of employer, it is necessary to properly fill in the Notification of the change of employer form and attach the following documents:
- Confirmation of the termination of previous employment indicating the day the employment terminated or will terminate;
- Employment contract, contingent contract, agreement to perform work or future agreement to perform work with the new employer; and
- Statement of the future employer on the professional competence of the foreign national to perform the required work.
These documents have to be submitted to the Ministry either as originals or as certified copies. The notification can also be submitted electronically. In such a case, the documents have to be converted to an electronic form.
What is the next step?
If you manage to submit the notification on time, you can legally stay in the Czech Republic after the employment with the former employer has been terminated, until you receive a decision or report from the Ministry on the notification. However, bear in mind that you must not work during this period.
You should receive the report on meeting the requirements for changing the employer within 30 days from the submission of the notification. You are not supposed to start the new job until the date stated in the notification form.
If you have free access to the labour market, the requirements mentioned above do not apply to you. In this case, you only have to announce the change of employer at the Ministry within 3 workdays after the change. The “Form for foreign nationals with employment cards for the notification of termination of employment, change of employment, change of employer or employment in another position or with another employer” can be downloaded from the Ministry of the Interior’s website.
Do not underestimate anything
It is very important to meet the set deadlines and provide all necessary and properly filled in documents during the process of changing employer. Please do not hesitate to contact us if you encounter any complications, either in completing the documents or in meeting the statutory requirements.