ATMSH GROUP

CHANGE OF THE EMPLOYER

ATMSH Group helps in the process of changing the employer and takes care of the preparation of all document works.
Procedures:
Change of Employer or Job or Taking up Employment in an Additional Job or with an Additional Employer


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Foreign national who resides in the Czech Republic is obliged to notify to the Department of Asylum and Migration Policy of the Ministry of the Interior change employer, change of the job or if he/she wants to be employed on additional job position at the same employer or additional employer.
All these changes (change of employer, change of the job, taking up employment in an additional job at the same employer or at another employer) must be notified at the MOI office personally or by post through data box or by email with guaranteed electronic signature. Notification must be submitted on specialized correctly completed template. Template must fulfill all prescribed conditions. If template is filled incorrectly, it is considered as not submitted!

To submit this notification, these conditions must be fulfilled:
1. Only foreign national (holder of valid employee card) can notify any of changes above. Foreign national who is not holder of valid employee card is not allowed to notify any of changes.
2. Change must be notified at the latest 30 days before it happens. The most important is the day which is filled in the official form.
3. You can notify change at the earliest 6 months from takeover your employee card (it means at the earliest 6 months from the first employment). It does not apply, if labor-law relationship was terminated due to reasons in § 52 letter a) to e) law 262/2006, Labour Code, by agreement for the same reasons, termination of employment by employer in probationary period or by immediate cancellation due § 56 Labour Code.
4. It is not possible to notify change of employer or change of employment in an additional job at the another employer, if new employer is job agency.
If you do not fulfill conditions above, notification will be considered as not submitted!

Foreign national is obliged to submit these annexes to the notification about change:
1. Document that labor-law relationship still lasts or it ended (and to which date). If employee card was submitted to the foreign national who is deployed employee or statuthory
authority or business corporation companion for work in the subject of its activity, foreign national is only obliged to submit this application requirement, if he/she entered into labor-law relationship to work performance for this corporation.

If change is notified after the end of original labor-law relationship, notification must be submitted at the latest 60 days from the end of relationship. No matter the reasons is, validity of employee card will be terminated according to law (§ 63 law 326/1999).
2. Employment contract, agreement of working activity, future employment contract or future employment agreement which is made for work performance on the new job position.
Employment contract must be made for work on job position which is listed in Central register of vacancies for holders of employee cards. In case of change of employer or change of position, employment contract must contain that weekly working hours will be at least 15 hours and montly wage or income must not be lower than basic rate of monthly minimum wage.
In case of a notification of work in another position with a current or a different employer a condition of the length of working hours and the amount of wage or income need not to be met.
3. Written statement of future employer that foreign national is capable to do the job which is required by employer or which is defined in legislation.
The form of the statement is available here.

If you do not submit any of these mentioned annexes above, notification will be considered as not submitted. It could lead to termination of validity of your employee card. If facts mentioned in these annexes are not clearly proven, notification will be considered as not sumbitted too.
All annexes must be submitted as originals or certified copies (or converted to electronic form by authorized conversion). If you want to submit documents in different language than Czech or Slovak, you have to submit them with certified translation to Czech language.
Future employer and foreign national will be informed about fulfillment of conditions of change notification up to 30 days from delivery by Ministry of the Interior, Department of Asylum and Migration Policy. In case of conditions fulfillment, future employer and foreign national will recieve document “Notification of compliance”. Foreign national can start working from delivery of this notification, at the earliest from the day mentioned in notification (date of change).

Foreign nationals with free access to the labor market
information mentioned above does not apply for holders of employee cards who has free access to the labor market in the Czech Republic (according to § 98 law 435/2004) or who has work permit and he/she wants to change employer, job position or taking up employment in an additional job at he same employer or another employer.
These foreign nationals are obliged to notify change up to 3 working days from the day of change. The most preffered way is to do it by specialized form called „Notification form for employee card holder about termination of employment, change of job position, change of employer or taking up employment in an additional job or with an additional employer.