FAQ

Frequently asked questions about Qualified Worker Programme

What is the aim of the Programme?

The aim of the Programme is to provide support to direct employers who need to attract qualified foreign workers to the Czech Republic.
Streamline the process of accepting applications for employee cards for citizens of selected third countries that will perform qualified work in the Czech Republic in positions that, according to the current wording of the updated CZ-ISCO Employment Classification, are included in main classes 4–8.
The Programme applies to citizens of Belarus, Montenegro, the Philippines, India, Kazakhstan, Moldova, Mongolia, Serbia and Ukraine or to holders of a passport issued by one of these countries.

What are the criteria you need to meet to apply for the Programme?

The Programme is intended only for employers who are engaged in manufacture, provision of services or in the public sector, in agricultural production or in forestry and wood processing industry, or for food producers or registered producers of ready-made feedstuffs for animals providing food.
The following employers may apply for inclusion in the Programme: An employer who has been doing business in the Czech Republic for at least two years and is a resident of the Czech Republic for tax purposes pursuant to Act No. 586/1992 Coll., on income taxes, who is registered in the Czech Republic as a payer of health and social insurance, who has all his obligations to the state settled, currently employs at least 6 people and meets other conditions in accordance with the Government Regulation laying down the maximum number of applications for a visa for a stay of more than 90 days for business purposes, applications for a long-term residence permit for investment purposes and employee card applications, which may be filed in the given year at a Representative office.
A foreign worker must be given an employment contract for specified weekly working hours (full-time) and for a period of at least 1 year.The wage or salary that the worker will receive for the entire duration of his/her employment must be at least 1.2 times the guaranteed salary corresponding to the relevant class of work according to the relevant Government Regulation No. 567/2006 Coll., on minimum wage, the lowest levels of guaranteed wage, definition of extraordinary working conditions and and the level of compensation for work in such conditions, as amended. The salary criterion will be checked when the vacancy is included in the central register of vacancies. Please note that an employer who performs employment mediation pursuant to Section 14 (1) (b), Act No. 435/2004 Coll., on employment, with the exception of activities specified in Section 43a of Act No. 262/2006 Coll., the Labor Code, cannot be included in the Programme. In cases requiring special consideration, to be considered by the responsible party and coordinators, an exception could be made and the employer may be included in the Programme. Such reasons include, in particular, the employer’s intention to attract, through the Programme, foreign employees solely as permanent staff and the fact that temporary assignment of employees to users constitutes only an ancillary activity of this employer, which has been documented by the employer with an overview of their agency employment activities for the past 2 years.
Likewise, an employer will not be included if the guarantor or one of the participating central state administration bodies have reasonable doubts as to whether it is not a temporary assignment or disguised employment mediation in relation to the notified candidate.The job position for which the applicant registered by the employer is to be employed in the Programme must correspond to the subject of the employer's activity.

Can I appeal against rejection of an application for inclusion in the Programme?

No, inclusion in the Programme is fully within the competence of the guarantors and there is no legal entitlement to it. The decision of the guarantors is not subject to any review.

Is there a minimum salary (salary criterion) that an employer must guarantee to their future employee?

Yes, an employee must receive a wage or salary in the minimum amount of 1.2 times the guaranteed salary corresponding to the relevant group of jobs according to Government Regulation No. 567/2006 Coll., on minimum wage, the lowest levels of guaranteed wage, definition of extraordinary working conditions and and the level of compensation for work in such conditions, as amended.

What is a salary criterion?

This is a measure for newly arrived foreigners who come under the Programme. Earnings at this job must correspond to at least 1.2 times the guaranteed salary corresponding to the relevant group of jobs according to Government Regulation No. 567/2006 Coll., on minimum wage, the lowest levels of guaranteed wage, definition of extraordinary working conditions and and the level of compensation for work in such conditions, as amended.

Is it possible to apply for inclusion in the Programme if I have not selected a specific employee?

No, we only include employers in the Programme who have already selected specific employees with whom they intend to enter into an employment relationship corresponding to the conditions set out in this Programme. An employer may apply for inclusion in the Programme only on condition that they apply for inclusion of at least 1 specific candidate.

Does the Ministry of Industry and Trade mediate contacts to reach out to potential applicants for an employee card who could be included in the Programme?

No, the Ministry of Industry and Trade does not have these contacts and does not provide them. It is necessary for an employer to find a suitable candidate using their own resources.

Is it possible to apply for inclusion in the Programme even if we have not posted a particular position at the Employment office?

No, the vacancy must always be published on the Employment office portal, so that the so-called labor market test can take place. Only after its completion is it possible to include an employer in the Programme.
Please note that the information stated in the vacancy offer in the central register must match both the information stated in the application for inclusion in the Programme and the information stated in the employment contract or the contract on future employment contract, which forms one of the annexes to the application for an employee card. This fact will be checked by the Ministry of the Interior when deciding on the issuance of an employee card. Please note that any change to a vacancy that has already been included in the central register will lead to the cancellation of the original vacancy and the labor market test will start from the beginning. Only after its termination is it again possible to employ foreigners from a third country for a given vacancy.

Will employees of the Employee office of the Czech Republic (hereinafter referred to as the “ÚP ČR”) check the salary amount?

If an employer has ticked the Qualified Worker Programme box in the newly updated Vacancy Report, employees of ÚP ČR will check the introduction of the salary criterion of at least 1.2 times the guaranteed salary for newly classified foreigners.

What should a company do if it is interested in a job vacancy for a candidate (hereinafter referred to as "JV") that had been reported before the introduction of the salary criterion and the salary stated in the Report is lower than what the company should pay to foreigners?

At the request of the employer, the ÚP ČR will increase the stated salary to at least 1.2 times the guaranteed salary.
Yes, the JV Report will be adjusted WITHOUT a new labor market test.

If a company offers a salary in the range of eg 20,000–35,000 CZK in JV Report and if according to the new regulation the guaranteed salary should be (in min. amount of 1.2 times) equal to CZK 23,820, is this sufficient, or is it necessary to state “from CZK 23,820” in JV Report?

It is necessary to correct the minimum salary to CZK 23,820 in JV Report. The upper limit is not set.

To which date will the salary criterion check for JV apply – to the date of submitting an application for a new job, an application for inclusion in one of the economic migration programmes or to the date of commencement?

If an employer reports JV and ticks the Qualified Worker Programme box, employees of ÚP ČR will check compliance with the salary criterion of at least 1.2 times the guaranteed salary. Subsequently, guarantors and responsible ministries will check compliance with the salary criterion of at least 1.2 times the guaranteed salary within the implementation of economic migration programmes.

The basic salary in the company is set at CZK 19,850 (for class no. 5). However, the actual salary is higher thanks to other bonuses, diets, etc. Is it necessary to increase the basic salary to CZK 23,820 or can bonuses and rewards be included in it?

It is possible to include optional components in the salary (e.g. personal allowance and bonuses). It is not possible to include obligatory salary components that are stipulated in Section 112 (3) of Act No. 262/2006 Coll., The Labor Code (i.e. salary for working overtime, surcharge for work on public holidays, surcharge for night work, surcharge for work in an extraordinary environment, surcharge for work on Saturdays and Sundays). In this case, at least CZK 23,820 must be stated in the Report.

Amounts of 1.2 guaranteed salary for different job classes

Job class	Lowest level of guaranteed salary	Minimum salary for Qualified Worker Programme
1.	14 600	17 520
2.	16 100	19 320
3.	17 800	21 360
4.	19 600	23 530
5.	21 700	26 040
6.	24 000	28 800
7.	26 500	31 800
8.	29 200	35 040

The amount is derived from the so-called lowest level of guaranteed salary in Section 3 of Government Regulation 567/2009 Coll. on minimum wage, the lowest levels of guaranteed wage, definition of extraordinary working conditions and and the level of compensation for work in such conditions.

If an application for inclusion in the Programme is submitted on behalf of someone else, is it necessary to provide a simple or a verified power of attorney?

A simple power of attorney.

Is it possible to apply for inclusion in the Programme if we are interested in employing a highly qualified employee, e.g. as a nurse or systems analyst?

No, this Programme is intended only for employees that will perform qualified work in positions which, according to the valid wording of the updated CZ-ISCO Employment Classification, are included in the main classes 4–8. Highly Qualified Worker Programme or Key and Research Staff Programme are intended to employ highly qualified employees (CZ ISCO 1-3).

How does the institute of collective application work?

A collective application is a request by which an employer applies for inclusion for at least 50 employees at once. In addition to the standard annexes, the employer shall submit to the collective application a solemn declaration on discussing his intention with workers in accordance with the provisions of Section 280 (1) of Act No. 262/2006 Coll., The Labor Code, and a statement of the town mayor about where the foreigers will live upon arrival in the Czech Republic. The statement must contain an explicit consent of the mayor that the employees will be accommodated in the area of the relevant municipality and the number of employees to whom this consent applies. (If the specific address of the place of residence of these foreign workers is known, we recommend its indication).

For how long is inclusion in the Programme valid?

The classification is valid for 1 year.

We are a company that is already included in the Scheme for Ukraine, Other countries scheme or the Scheme for agricultural workers. We are now interested in including a candidate from another third country. Is it necessary to document all mandatory annexes together with the application for inclusion?

Employers included in the Scheme for Ukraine, Other countries scheme or the Scheme for agricultural workers as at the starting date of the implementation of the Programmes are considered to be included in the QUALIFIED WORKER PROGRAMME as of the same date.
Inclusion in the Scheme for Ukraine, Other countries scheme or the Scheme for agricultural workers is valid for 1 year. The employer is obliged to re-enter the information only in the event that there has been a change since the date of the last application for inclusion in the Programme.

Is it possible to offer applicants a new term for submitting applications at the Representative office if they do not come on the set date and time?

The term set by the Representative office is binding and cannot be changed. In the event that the applicant does not turn up on a set date and time, the term expires and the applicant will be excluded from the Programme.

Is there a legal right to participate in the Programme?

There is no legal entitlement to participate in the Programme.

Frequently asked questions about Highly Qualified Worker Programme

What is the aim of the Programme?

The aim of the Programme is to provide support to direct employers who need to attract highly qualified foreign workers to the Czech Republic.
The Programme is not territorially limited and applies to employees from all third countries. In case of applications for an employee card, a quota is set for selected countries by Government Regulation. These are the Classification of Occupations CZ-ISCO performing activities in the main classes 1-3 in the field of manufacture, services or in the public sector.

What is the difference between the Pilot Projects: Special Procedures for Highly Qualified Workers from Ukraine and India (Ukraine and India Project) and the Highly Qualified Worker Programme?

The Programme was created by transformation of the Project Ukraine and India, which was carried out in connection with the amendment to the Act on the Residence of Foreigners. Employers who have been included in the "Pilot Project Special Procedures for Highly Qualified Employees from Ukraine and India" are from the day of the implementation of the new government economic migration programmes considered to be participants in the HIGHLY QUALIFIED WORKER PROGRAMME.

The Programme is now not limited to Ukraine and India, but has been significantly expanded to all third countries in the world (except North Korea).

The Programme states that the employer shall provide a solemn declaration stating that an employed qualified specialist will be guaranteed a wage/salary corresponding to at least the relevant average earnings according to the CZ-ISCO employment subgroups or a wage/salary corresponding to at least the minimum amount set for blue cards, even in case of applicants for employment cards. Does the Programme ease the legal requirements for issuing a blue card? Can my future employee apply for a blue card even if I pay him a monthly salary of CZK 32,000?

As part of the affidavit of salary guarantee, employers are given a choice with respect to the minimum guaranteed level of wage/salary. Employers can thus choose whether, in case of an employee with an employee card, they will guarantee them a wage/salary corresponding to at least the relevant average earnings according to the CZ-ISCO job classification OR a wage/salary equal to at least the minimum amount prescribed for blue cards. For employees with a blue card, it is necessary to meet the minimum wage/salary requirements resulting from legal regulation - see below. Please note that the Programme does not affect legal requirements for obtaining a blue card in any way. The application for a blue card must be accompanied, inter alia, by a standard employment contract for a highly qualified job for the duration of at least one year, for the statutory weekly working hours, which also includes the agreed gross monthly or annual salary corresponding to at least 1.5 times the average gross annual salary announced by a communication from the Ministry of Labor and Social Affairs.

In the Programme it is written that an employer shall provide a solemn declaration stating that they had employed at least 3 persons in the Czech Republic in the period of 2 years prior to the submission of the application. How am I supposed to understand that?

This regards the number of employees that an employer has employed (for any length of time) or still employs (for any length of time) and for whom the employer had paid social and health insurance contributions in the 2 years prior to the submission of the application. Workers that are employed on the basis of an Agreement on the Performance of Work (“dohoda o provedení práce”) are participating in the insurance if they meet the condition specified in Section 6 (a) of Act No. 187/2006 Coll., on Sickness Insurance, as amended, and they have been charged a set-off income in the amount exceeding CZK 10,000. Employees working on the basis of an Employment Activity Agreement (“dohoda o pracovní činnosti”) are covered by insurance if the agreed amount of eligible income from this employment for a calendar month is at least of an amount decisive for participation in the insurance (hereinafter referred to as "decisive income"). The decisive income is CZK 2,500, see Section 6 (2) of Act No. 187/2006 Coll., on sickness insurance, as amended.

What should be done if an applicant is interested in relocating his family members?

In the event that an applicant would be interested in requesting the relocation of family members, it is necessary to provide this information in the application for inclusion of the applicant in the Programme. An applicant who has been included in the Programme will come to the relevant Representative office on the set date and time together with this family member for the purpose of applying for a visa for a stay of more than 90 days for family purposes.
The category "family member" includes: the spouse of a highly qualified candidate (specialist) or a minor or adult dependent child of this foreigner or his /her spouse.
The family member of the applicant for an employment card will apply for a visa for more than 90 days for family purposes. The family member of the blue card applicant will apply for a long-term residence permit for the purpose of living together as a family with the blue card holder.

Can we apply for inclusion in the Programme if we are interested in employing a moderately qualified worker, e.g. in the position of welder or operator of CNC machines?

The Highly Qualified Worker Programme is intended only for highly qualified employees (CZ ISCO 1-3), medium or low-skilled professions (CZ ISCO 4-8) are not included in this Programme.

Will it have any effect on speeding up the process of the application if we support the application with other documents (e.g. a contract for a future employment contract, university diplomas, professional certifications, etc.)?

Documents not required by the Programme are not necessary. Although it is possible to use them as supporting arguments, it is crucial that the application meets all the requirements set out in the Programme. The documents you provide will be needed rather to prove the qualifications of the foreigner when submitting the application at the Representative office. For the purposes of submitting an application to the Representative office, it is absolutely necessary to prepare and document all the requisites required by legal regulation, both for medical and for all other professions.

An applicant for an employment card can replace the proof of accommodation and the employment contract only with a written confirmation from the employer.

We are a company that is already included in the Ukraine and India Project. We are now interested in including a candidate from another third country. Is it necessary to document all mandatory annexes together with the application for inclusion?

Employers included in the "Pilot Project Special Procedures for Highly Qualified Employees from Ukraine and India" as at the starting date of the implementation of the Programmes are considered to be included in the Highly Qualified Worker Programme as of the same date.

Does the Ministry of Industry and Trade or the Ministry of Health mediate contacts for potential foreign employees for an employee or blue card that could be included in the Programme?

No, neither the Ministry of Industry and Trade nor the Ministry of Health have these contacts and do not provide them. It is necessary for the employer to find a suitable candidate using their own resources.

Frequently Asked Questions about Key and Research Staff Programme

What is the main aim of the Key and Research Staff Programme and how is the entire application process for a residence permit streamlined?

The aim of the Key and Research Staff Programme (hereinafter referred to as “Programme”) is to provide support to major Czech and foreign investors, research organizations, technological companies and start-ups that need to attract foreigners to the Czech Republic as statutory bodies, managers or specialists for positions included in the CZ ISCO classification in the main classes 1–3, together with their closest family members. Programme participants are guaranteed the opportunity to submit an application for a residence permit at the Representative office abroad and its expedited settlement within 30 days.

What are the timelines of the Programme?

The usual time course is as follows:

– Inclusion of an employer in the Programme, providing the application is submitted completely - by the following working day.
– Addressing an employer (contact persons listed in the application) by the relevant Representative Office abroad in order to allocate a suitable term for submitting an application for a residence permit for their future foreign employee - within 7 working days of the employer's inclusion in the Programme.
– Term for submitting an application for a residence permit – within 7 working days of contacting the applicant.

The procedure for applying for a residence permit for a foreign worker is subject to the regime of the Act on the Residence of Foreigners, the Administrative Procedure Code, with certain exceptions. The mere inclusion in the Programme by the Ministry of Industry and Trade or the CzechInvest Business and Investment Support Agency (hereinafter referred to as the “CzechInvest Agency”) does not necessarily mean that a foreigner will receive a residence permit.

However, please note that the guarantee of processing an application for a residence permit within 30 days corresponds to the time needed to process complete and duly prepared applications and largely depends on the readiness of applicants who are contacted by the Representative office with a decision, to which they should react promptly.

Employee	Employee card
Employee	Blue card
Posted employee	Employee card + employment permit*
Intra-corporate transfer employee	Intra-corporate transfer employee card holder
Statutory body	Visa for a stay of more than 90 days for of business purposes
FAMILY MEMBER	Visa for a stay of more than 90 days for family purposes/td>
FAMILY MEMBER	Long-term residence permit for the purpose of living together as a family (with the blue card holder or intra-corporate transfer employee holder only)

Can we apply for inclusion in the Programme if we are interested in hiring a medium-skilled worker, e.g. for the position of welder or operator of CNC machines?

No, unfortunately this is not possible. The Key and Research Staff Programme is intended for foreign workers that will perform highly qualified work in the Czech Republic in the positions of manager, specialist or statutory body of the company, i.e. in positions that according to the updated classification of employment, are in the main classes 1 - 3 CZ- ISCO in the following categories:

Lawmakers and executive managers
Specialists
Technical and expert staff

with the exception of employees performing medical professions, for whom the Highly Qualified Employee Programme is exclusively intended.

For what types of companies/organizations is the Programme intended and what specific criteria must an employer meet?

Below are given the types of employers and the criteria that must be met to be included in the Programme

Investor – a foreign business company which has its organizational unit in the Czech Republic or which is capital-linked with a business company established in the Czech Republic (parent-subsidiary, group, holding or trust type connection), through which it realizes its investment. The rules of the Programme similarly apply to a business company established or having its seat in the Czech Republic which has its organizational unit outside the territory of the Czech Republic or which is capital-linked with a business company established outside the territory of the Czech Republic. The condition to be met is that this type of employer must have been working in the Czech Republic for at least 1 year and must employ at least 50 people in the Czech Republic and 250 people worldwide as of the date of application.

Coll., on the support of research and development. The list is available here: http://www.msmt.cz/vyzkum-a-vyvoj-2/seznam-vyzkumnych-organizaci

Technological company – a business company that has entered into an agreement on cooperation in the field of science and research with a research organization registered on the List of Research Organizations.

Newly established company – a business company with a legitimate expectation of the representation of foreign nationals in statutory bodies or in the positions of key specialists, with the intention of employing at least 20 employees within two years of registration in the Commercial Register (IT/SW development company at least 10 employees). The newly established company should apply for an investment incentive or provide a contract for the provision of business premises.

Start-up – a newly established company developing a product or service which is locally and temporally unique, which solves a given problem in a unique and innovative way, which has the potential for rapid growth in terms of sales and customers and which is primarily based on founders and mostly needs investment for its further growth and for launching the product on the market. The start-up must meet the following criteria: enter into an incubation agreement with an incubator included on the list of incubators and technology investors, or be capital-linked to a technology investor included on the same list.

Is it possible to offer an applicant a new term for submitting an application at the relevant Representative office if he/she does not come at the set time to submit an application for the issuance of a residence permit?

The term set by the relevant e Representative Office is binding and cannot be changed. In the event that the applicant does not turn up at the Representative Oofice, the term expires and the applicant will be excluded from the Programme.

Can I apply for inclusion in the Programme even if I have not selected a specific foreign employee?

No, we only include employers in the Programme who have selected specific employees with whom they intend to enter into an employment relationship corresponding to the conditions set out in the Programme.

Can I apply for inclusion in the Programme in an electronic form?

Yes, applications for inclusion in the Programme can only be sent electronically to the Programme guarantors, depending on the type of employer.

If an application for inclusion in the Programme is submitted on behalf of someone else, is it necessary to provide a simple or a verified power of attorney?

A simple power of attorney.

Will it have any effect on speeding up the process of an application if we support the application with other documents (e.g. a contract for a future employment contract, university diplomas, professional certifications, etc.)?

We are a company that is already included in the Fast Track/Welcome package project for investors. We are now interested in including a candidate from another third country. Is it necessary to document all mandatory annexes together with the application for inclusion?

As at the starting date of implementation, employers included in the projects "Fast Track: Accelerated Procedure for Internally Transferred and Localized Employees and Statutory Bodies of Foreign Investors" or in the project "Welcome Package for Investors" are considered to be participants in the KEY AND RESEARCH STAFF PROGRAMME as of the same date.

Inclusion in the Programme is valid for 1 year. Employers are not obliged to attach annexes to another application for inclusion in the Programme for a period of 1 year.

Does the Ministry of Industry and Trade mediate contacts for potential foreign employees for an employee or blue card that could be included in the Programme?

No, the Ministry of Industry and Trade does not have these contacts and does not provide them. It is necessary for the employer to find a suitable candidate using their own resources.

It is written in the Programme that an employer shall provide a solemn declaration stating that an employed qualified specialist will be guaranteed a wage/salary corresponding to at least the relevant average earnings according to the CZ-ISCO employment subgroups or a wage/salary corresponding to at least the minimum amount set for blue cards, even in case of applicants for employment cards. Does the Programme ease the legal requirements for issuing a blue card? Can my future employee apply for a blue card even if I pay him a monthly salary of CZK 32,000?

As part of the affidavit of the salary guarantee, an employer is given a choice with respect to the minimum guaranteed level of wage/salary. The employer can thus choose whether, in case of an employee with an employee card, they will guarantee him/her a wage/salary corresponding to at least the relevant average earnings according to the CZ-ISCO job classification OR a wage/salary equal to at least the minimum amount set for blue cards. For employees with a blue card, it is necessary to meet the minimum wage/salary requirements according to the legal regulation - see below. Please note that the Programme does not affect the legal requirements for obtaining a blue card in any way. The application for a blue card at the Representative office must be accompanied, inter alia, by a standard employment contract for performing a highly qualified job for the period of at least one year and for the statutory weekly working hours, which also includes the agreed gross monthly or annual salary corresponding to at least 1.5 times the average gross annual salary required by the Ministry of Labor and Social Affairs.

The condition of guaranteeing the amount of the required salary does not have to be met by a foreign national acting as the statutory body or by a foreign employee who was transferred intra-corporate or posted to the Czech Republic in order to work in the position of a manager or specialist, as such a foreign national does not enter into an employment relationship in the territory of the Czech Republic.

Is it possible to apply for a residence permit even if I do not meet the criteria of the Programme?

Yes, but not within the Programme. Even if an employer does not meet the criteria of the Programme, his future employee may submit an application for a residence permit within the so-called residual capacities resulting from a government regulation setting the number of visa applications for residence for more than 90 days for business purposes, applications for a long-term residence permit for the purpose of investing and applications for an employee card, which can be submitted at the Representative office, on the basis of the conditions set by the Ministry of Foreign Affairs for obtaining a term for submitting an application for a residence permit.