Extension and modification of existing activities
Temporary protection for refugees has been extended till March 31, 2024. Podnikatel.cz Information. If he employs a refugee from Ukraine without extending temporary protection, he will be engaging in illegal employment. In the future, the Podnikatel.cz server will prepare an article on the possibility of termination of these labor relations.
The extension of temporary protection is associated with a change in the payment of contributions to family unity and the assessment of refugees’ income for entitlement to humanitarian benefits. Income from abroad (mainly from Ukraine), gainful employment and social benefits, etc., will now be considered income. Income from abroad will be treated the same as income in the Czech Republic. This income is converted into Czech currency according to the relevant exchange rate declared by the Czech National Bank, valid on the first day of the fixed period.
In practice, there are often cases where persons with temporary protection do not stay at a specific address or on the territory of the Czech Republic. It is important to take these circumstances into account when assessing entitlement to a benefit. It is the duty of a foreigner with temporary protection to report all changes in his residence to the relevant post and he must report the change within 3 days.
Decisive period and confirmation of employer’s income
A decisive period for documenting income has been introduced. This period is new in making it absolutely clear how much income a person has overall A calendar month Prior to the current calendar month in which the foreigner applies for the benefit. Related to this is the newly introduced duty of the employer. Until now, in connection with the reception of a foreigner with temporary protection, he had the obligation to inform the labor office of his start (or termination) of work. As with other foreigners, they fulfill this obligation upon entry in accordance with the provisions of § 87 of the Employment Act (with the declaration form for entry into the employment of a citizen of the European Union or a foreigner).
Officers will be available to assess benefits from 1 April 2023 To trace income directly from employer, in which the person with temporary protection started working. First, they check whether the applicant for humanitarian aid is registered in the Czech Social Security Administration’s register of employed persons. If they find such a person in the registry, they send the employer A request asking the amount of income of a person with temporary protection for a given calendar month (The challenge can be repeated every month). The employer must communicate the required data in the form and format published by the Ministry of Labor and Social Affairs, via the data box or by using the information system as specified (at the discretion of the employer). The specification should be available on the website of the Ministry of Labor and Social Affairs of the Czech Republic no later than April 30, 2023. Employer will send confirmation Within 8 days from the date of issue of invitation.
Employer’s Expanded Information Responsibility
According to the new wording of Article 87 of the Employment Act, employers must report all employees granted temporary protection to the Czech Social Security Administration. In particular, it concerns the complaint of entering into an employment relationship of these employees or taking action based on an employment contract, with a small amount of employment in accordance with the Sickness Insurance Act. This also applies to employees who are employed on contract to perform work. The employer reports them from April 1, 2023 For employee records with temporary protectionshall be maintained by the CSSA within its records for the needs of the Labor Office.
Until now, employers have only notified the CSSS of hiring employees based on their participation in health insurance. They also report (in the same way) the start of work for employees with temporary protection who have not established participation in sickness insurance in a special register.
Registration of insured persons and registration of employers with temporary protection
The Register of Insured Persons and Register of Employers, its administrator CSSS, is being expanded to include data on employees – persons enjoying temporary protection. Employees in an employment relationship or employees under a contract outside the employment relationship without participation in health insurance are also newly registered here.
The registration obligation will also affect employers who have not yet registered with the CSSA, as they only employ employees who do not participate in health insurance. They will register anew in the register of employers employing workers with temporary protection.
State Labor Inspection Office, Regional Labor Inspectors and Labor Office will be authorized to view the register. Here, for the purposes of their operation, they receive the following data enabling remote access:
- a) Commencement and termination of employment of an employee with temporary protection (without participation in health insurance).
- b) the type of gainful activity and it is a small-scale work or contract for the performance of work under the Sickness Insurance Act;
- c) Business entity, name or name and surname of the employer, including his registered office or residential address.
Deadlines and transitional provisions
boss From April 1, 2023 Reporting the entry of an employee – a foreigner with temporary protection in an employment relationship or an employee based on an employment contract, a small amount of work according to the Health Insurance Act or an employee with temporary protection of the employee based on a work performance contract, to the registration of employees with temporary protection. Within 8 days reports
- employee entry,
- Data Conversion a
- Day of strike.
This applies to cases where such employee takes up employment on or after the effective date of the Act. However, it is about, not from the date of creation of the employment relationship or the date of negotiation of the contract made outside the employment relationship Day of Entry.
However, the transitional provision will also apply to employees who were employed before the amendment of the Act came into force. Here, the employer announces the existence of an employment relationship and the commencement of employment. But not in the classic eight-day period. Duty is established for this 30 days is a long time. However, employment relationships that end within 30 calendar days from the date of entry into force of this Act are not reported.
Within eight days Employers who have not yet registered because they only employ employees who do not participate in health insurance will also register.
