Annex no. 2
ProjectOther States - Implementation
Generalprovisions:
Based on the recommendations received from the Czech business representation or the CzechInvest (Business and Investment Support Agency), applications for anadmission to the Projectare assessed by the Ministry of Industry and Trade. All received applications are lined up by the Ministry of Foreign Affairsto the listsaccording to representative offices (Embassy or Consulate) where the applicant is supposed to submit their Employee Card application for the following month. The reception of the applications for the following month starts on the 20th day of the previous month.Once the month application capacity of eachrepresentative office is exhausted, the reception of the applications is stoppedby the Ministry of Foreign Affairs. The Ministry of Foreign Affairsinformsthe Ministry of Industry and Trade about this factimmediately. With regards to the limited human resources at the relevant representative office as well as to the scale of the interest in Czechresidence permits, applications are not be lined up in an indefinite list of applications.
An implementation of theProjectis ensured in full compliance with the Czech laws in force and iscarried out in co-operation amongthe Ministryof Labour and Social Affairs,the Ministry of Industry and Trade,the Ministry of the Interior and the Ministry of Foreign Affairs.
The Projectwas created in order to achieve time savings whenreceiving[1] and processing[2]Employee Card applications for nationalsofMongolia/the Philippinesthat intent to occupy qualified jobs in the Czech Republic (the job positions areclassified according to the updated CZ-ISCO Classification of Occupations into the main classes 4 – 8, in manufacturing industry, services or the public sector).
The Projectaims only attheemployers operating in the Czech Republic in manufacturing industry, services or the public sector, who employ at least 10 personsand who areunable to occupythejob vacanciesby workforce fromthe Czech labour market (i.e. it concerns job vacancy which can be filled by the EmployeeCard Holder in accordance with the art. 37a of Act No. 435/2005 Coll., on Employment, as amended). Thejobvacancymust correspond with the scope of the employer’s businessactivity.
Following employers cannotbe admittedto the Project:
1.The one, who does not submit a duly completed Application for Admission to the Projectsupplemented by all themandatory attachments;
2.The one, who engages inactivities linked tothe employment intermediation according to art. 14, par.1 b) of the Act No. 435/2004 Coll., on Employment, with the exception to the one who engages in activities mentioned in art. 43a of the Act No. 262/2006 Coll., the Labor Code, orthe one, whose situation isassessed after consultation with the relevant Ministry by the Ministry of Industry and Trade[3]as showing reasons for special consideration;
3.The one who is registered in the Commercial Register and has not submitted its final financial accounts to the Collection of Documents of the Commercial Register in contradiction tothe relevant laws;
4. In the case thatthewage specified in the Central Register of Vacancies for the Employee Card Holdersoffered to an employee who is a subject of the employer´s application to the Project, fails to reach thelevel of the guaranteed wage in accordance to the Government Regulation No. 567/2006 Coll., on the minimum wage, on the lowest levels of guaranteed wage, on the definition of difficult working environment and on the amount of the payroll allowance for work in a difficult working environment, as amended.[4]
5. If any of the participating central government authorities as listed below have doubt whetherit is not the case of the temporary assignment orthe covertemploymentintermediation.
This is applicable similarly also in relation to the application of theemployer who has been already admittedto the Projectand requeststo includeanother jobapplicant to the Project.
There is no legal entitlementfor theadmissionto the Project.
The Government empowersthe Coordinating Body for the Management of State Border Protection and Migrationto make changesin the Project,if necessary,following the proposal ofthe Ministry of Industry and Trade, the Ministry of Labour and Social Affairs, the Ministry of the Interior or the Ministry of Foreign Affairs. The Projectcan be suspended, terminated or altered anytime.
The implementation process
The employer notifiesa job vacancyto the Regional Branch of the Labour Officeof the Czech Republic (with exception of those persons who have a free access to thelabour market in accordance with par. 98 of the Act No. 435/2004 Coll., on Employment) and in thejob vacancy notice, theemployer expresses theirconsent to a placement of a job vacancy to the Central Register of Vacancies for the Employee Card Holders.[5]
Using the prescribed Application for admission to the Project(hereafter referred as“application form”;see below), the employerfills in the application form and submits itwith all requiredAnnexes to the Ministry of Industry and Trade via e-mail. The Ministry of Industry and Trade can admitto the Project only theapplication thatfits monthly quotain the month of its delivery, whichcorrespondsto 1/12 of the total annual quota specified in the Government resolution no.79of the31st of January 2018. The Ministry of Industry and Trade publishes up-to-date information aboutthe current state of the drawing of the quotaon its website. If the Ministry of Industry and Trade receives an application exceeding the quota, it returnsthe application to the applicant.
Once the employer meets allthe requirements,the Ministry of Industry and Trade informs the Ministry of Labour and Social Affairs, the Ministry of the Interior and the Ministry of Foreign Affairs about the admissionof the applicationto the Project electronically by a letter to a date mailbox thatincludes a contact information about the national of Mongolia/the Philippineswithout delay(the employer is informed about the admissionof the application to the Projectvia contact addressby the Ministry of Industry and Trade). At the same time,the Ministry of Industry and Trade sendsimmediately informationabout the applicant's admissionto the Ministry ofForeign Affairselectronically via contact e-mail address.
Admission to the Project isvalid for one year.
In case that the application fails to meetallrequirements or it has not beenadmittedto the Project, the Ministry of Industry and Trade informs the employerabout this fact.
The Ministry of Foreign Affairs informs aboutan admissionto the Projecta relevantrepresentative office. If thealready admittedemployerto the Projecthas an interest in employing another national/nationals of Mongolia/the Philippines, the employer has to fill ina new application formand submitsit to the Ministry of Industry and Trade.
The cooperation betweenthe Ministry of Industry and Trade, the Ministry of Foreign Affairs, the Ministry of Labour and Social Affairs andthe Ministry of the Interior continues on the same basis as in the case of the first application of the employer.
The representative officeinformsthe employerabout the date on whichthe job applicant (citizen of Mongolia/the Philippines)shall appearat the representative office,via contacte-mail address. The date set by the representative office is binding. The application will be processed withinthe designatedoffice working hours.
The national of Mongolia/the Philippinesapplies for the Employee Card as well assubmitsall requested documents– mandatory attachments of the application– at the relevant representative office.[6]The representative office hands over this application to the Department forAsylum and Migration Policy (hereafter “OAMP”) of the Ministry of the Interior.
The application for the Employee Card is assessed by the Ministry of the Interior. Once all the conditions are met,the Ministry of the Interior instructs therepresentative officeto grant a long-term visafor the purpose of collectinganEmployee Cardto the applicant.
The national of Mongolia/the Philippines provides his/her biometric data within three days after his/her arrival to the Czech Republic at the Ministry of the Interior.
OAMP renders a Certificate on Compliance with the Conditions for Issuance of an Employee Card to the national of Mongolia/the Philippinesbased on which this person can start working. OAMP subsequentlyissuesthe Employee Card to the national of Mongolia/the Philippines.
Following the well-foundedwritten impetus from the Ministry of Labour and Social Affairs, the Ministry of the Interior or the Ministry of Foreign Affairs, the Ministry of Industry and Tradedisqualifiesthe employer from the Projectfor serious reasons for a period of one year. Among serious reasons, there areincluded, in particular,a retrospectively detected failure to comply with the conditions for employer´s or job applicant´s admission to the Project, breach of the conditions forthe employment of the job applicant, misconduct or violation of the conditions for employer´s admission to the Projectincluding a breach of the rules for obligatory payments to the Czech Social SecurityAdministration for the respective employee (theexaminationwill be conducted by the State Labor Inspection Office). Among such reasons, therecan also be included a falseaffidavitof theemployer ontheabsence of penalties imposed on him which will be examinedby the Ministry of Labour and Social Affairs. If this happens to be the case,thereisa reason for Ministry of Labour and Social Affairs to deliver its impetus to the Ministry of Industry and Trade todisqualify the employer from the Project.
The Ministry of Labour and Social Affairs, the Ministry of the Interior andthe Ministry of Foreign Affairsisinformed by the Ministry of Industry and Tradeabout the disqualification of the employer from the Project (including the date).
The employer isdisqualifiedfrom the Projectalso in case of violation of other terms and conditions of the Projectin so far as they cease to meet the requirements of the Project in the course of the effectiveness of the Project. The same applies, if the employermisusesthe Projectfor other than specified purposes or subsequently transfersthe recruited employees to the Employment Agencyfor reassignment.
In the event of atermination or a substantial change of the conditions of the Project, the validity of all recommendations issued for the purpose ofthe implementation of the Project expires.
Special procedure of implementation for Collective Applications[7]:
The above-mentioned procedure is applicable (unless otherwise indicated in this part of the text) also with regard to the so called a Collective Application of the employer.
The application is considered to be collective whentheemployerrequestsadmission of30 or more nationals of Mongolia/the Philippinesto the Project. In theCollective Application, the employer appointsa coordinator whoiscontactedin case of the admissionof the applicationto the Project by the representative officein Ulaanbaatar/Manila in order to be informed about the date ofsubmission of the Employee Card applications. At the same time,the coordinator isresponsible for an effective preparation of the intake ofall applications.
Besides the regular Annexes, the employer submitsthe followingdocuments along withthe Collective Application:
-An affidavit confirming that the employerintends to co-operate with the Centre for Support of the Integration of Foreigners in the relevant region as well as anaffidavitabout the consultationof employer’s intention with his current employees in accordance with art.280,par. 1of Act No. 262/2006, the Labor Code;
-Statement of a mayor or a chief magistrate of the town in which the foreigners are tobe accommodated after their arrival to the Czech Republic.
TheCollective Applicationwith all the annexes shall be delivered by the employerto the Ministry of Industry and Trade.
The Ministry of Industry and Trade examines and evaluatethe CollectiveApplication and if all conditions are fulfilled, the Ministry of industry and Tradeinformsthe Ministry of Labour and Social Affairs, the Ministry of the Interior and the Ministry of Foreign Affairs about this fact electronically by a letter to the data mailbox together with the notificationof thecontact details to thecoordinator appointedby the employer in the Collective Application. The Ministries send their written comments within 14 days from the date of reception of this information electronically by letter to data mailboxofthe Ministry of Industry and Trade.Oncethe written consent of all involved Ministries is delivered,theMinistry of Industry and Trade includesthe employer to the Projectand informsthe employer about it via respective contact address.
Collective Applications are accepted within the annual quota set for representative offices inUlaanbaatar/Manila.
1
[1]Priority acceptance of the Employee Card application that does not require the registration in the booking system for submission of applications.
[2]Accepted applications will be processed within the statutory time limits.
[3]Link to the website of the Integrated Portal MPSV (the Ministry of Labour and Social Affairs) used to check whether the employer is not a Job Agency under the Act no. 435/2004 Coll., on Employment, as amended:
[4]The Regulation defines the lowest guaranteed wage levels according to the complexity and difficulty of differentiated types of work. The employer indicates the offered wage in the vacancy notice (job advertiser) of the relevant branch of the Labour Office of the Czech Republic.
[5] If the employer gives consent to the Employee Cards and the job vacancy cannot be filled within 30 days from the announcement of the job vacancy, the job vacancy will automatically be included to the Central Register of Vacancies for the Employee Card Holders.
[6]According to art. 42h of the Act. No. 326/1999 Coll., on the Residence of Foreign Nationals in the Czech Republic (Employee Card).
[7]Implementing such a procedure for Collective appeal will allow more efficient and less time consuming recruitment of the Employee Card applications.