Working without valid visa may lead to deportation
A recent case heard by the Regional Court in Ostrava clearly shows that the rules for employing foreigners apply to everyone without exception, be they a factory worker or manager. Free access to the labour market does not mean an exemption from the obligation to obtain the appropriate residence permit. Underestimating immigration obligations carries a high risk for both employees and employers.
In this case, a foreigner from the Republic of Korea was inspected while performing his managerial duties for which he did not have a valid visa or residence permit. The police and the court confirmed that the absence of these documents is a fundamental obstacle to the performance of work and a reason for deportation, regardless of a foreigner’s qualifications or them not needing a work permit to work in the Czech Republic.
An administrative deportation penalty applied to the foreigner despite him as a citizen of the Republic of Korea not needing a visa to travel for tourism or other non-profit purposes and, at the same time, having free access to the Czech labour market via a government regulation. The case clearly illustrates the risks associated with employing foreigners, which are often not limited only to financial penalties.
Two basic conditions for legal employment of foreigners
In general, citizens of countries outside the EU, EEA and Switzerland must have a valid permit to stay and work in the Czech Republic, i.e., they must have both a residence and a work permit. However, there are many exceptions to these requirements. The Employment Act lists cases where foreigners can work without a work permit, i.e. they have free access to the labour market. In practice, however, people with free access to the labour market often do not realise that these exceptions only apply to work, not residence. Therefore, they must still obtain a valid visa or residence permit.
Without such permits, their employment could be considered illegal work, which may have very serious consequences for both the foreigner and their employer.
Practical implications and recommendations
Employers should always verify what type of permit their employees have, and ensure their compliance with immigration and labour-law legislation throughout the duration of their employment. The above example shows that checks by the foreign police and labour inspectorates can also affect white-collar personnel.
Any violations can be punished quite severely. The absence of the necessary documents may lead to the cancellation or non-renewal of a foreigner's residence permit or, as this case shows, even to their deportation from the Czech Republic. Employers face further sanctions, such as a financial penalty of up to CZK 10 million, exclusion from subsidy or migration programmes, or even a ban on activities.
We therefore recommend regularly checking the type and validity of the residence permits of all foreign employees and setting up internal processes to ensure that this obligation is always fulfilled.
If you are unsure about your overall set-up, please do not hesitate to contact us.