For most detailed information on employment of different UK citizens groups see guidance of Ministry of Labour and Social Affairs.
In practice, there will be two groups of British citizens since 2021. In short: those Britons who have not been staying in the Czech republic until the end of 2020 or fail to prove this will be considered to be third country citizens. However, those UK citizens, who have been staying here until the end of transition period and their family members will be protected by provisions of Withdrawal Agreement. Article 13 of the Agreement provides such persons with the right to stay in the EU country. The Czech Republic chose the path of voluntary registration. UK citizens covered by the Withdrawal agreement do not therefore need to register to the Ministry of Interior, neither they need to possess any certificate or permit. Absence of such documentation cannot by penalised by Czech offices.
However, the Ministry of Interior strongly sugests to obtain a certificate, for instance for case of labour inspection. All those who will be legaly staying in the Czech Republic on 31 December 2020 and will prove this sufficiently (i. e. by rental agreement, employment contract, confirmation on enrolment in studies or some other documentation) can obtain a certificate of temporary residence marked by "EU Withdrawal agreement" red stamp, as you can see in the pictures. Residence permits will also be signed by this mark.
From 2 August 2021, the Ministry of the Interior will issue documents with biometric data, which will include the note “Art. 50 of the Treaty on European Union” or “RP UK – Article 50 of the Treaty on European Union”).
For more detailed information proceed to "Visas and residency“.
As stated above, persons not covered by Withdrawal agreement will be subjected to third country citizens rules. Mainly they need to obtain work permit, for example an employee card. For more detailed information follow Ministry of Interior webpage dedicated to foreign nationals, or specifically the chapter dedicated to third country nationals (from non-EU countries.)
The employment of citizens covered by Withdrawal agreement will be significantly easier. Based on article 24 of the Agreement, no work permit can be required from persons legally staying in the Czech Republic under article 13 of the Agreement. More specifically:
- UK citizens employed in the Czech Republic before the end of the transition period may continue to work, conclude, change and start new jobs for different employers without a work permit. Such citizens may also change their status - become a student, self-employed or economically inactive person, see article 17 of the Agreement. No person covered by a Withdrawal agreement changing their status after 1 January 2021 will be required to have a work permit.
- Based on article 13 of the Agreement, UK citizens' family members shall have the right to reside and work in the host State since 1 January 2021 regardless on their nationality.
With regard to the fact that UK citizens and their family members with residence rights in the Czech Republic will not be obliged to have a residence document according to the WA, it will not be possible to require this document even for employment purposes. Although the Ministry of the Interior strongly recommends that authorised persons have their stay in the Czech Republic certified, it will be necessary to expect that some persons will not obtain the necessary document.
The burden of proof that a particular person enjoys the right of residence in the Czech Republic on the basis of Article 13 of the WA and is therefore not obliged to have a work permit is on the person concerned. Proof of the employment contract, proof of study, lease agreement, etc. may serve as credible evidence for institutions such as the Labour Office of the Czech Republic or the State Labour Inspection Office, all valid as of 31 December 2020. The competent institutions should not require the persons concerned to provide specific documentation on the spot, but should allow a reasonable period of time to provide the necessary documents.
In addition to persons with a right of residence in the Czech Republic, cross-border workers also have the right to maintain access to employment; these are persons who started working in the Czech Republic by the end of the transitional period, but without staying here permanently or temporarily. These workers have the following rights
- the right to maintain employment in the Czech Republic after the end of the transitional period without the need to have a work permit;
- the right to maintain the status of a cross-border worker even if they stop working before the end of the transitional period without having to change their place of residence to the country of employment;
- the right for a change of status within the meaning of Article 17 of the WA after the end of the transitional period; and
- the right for additional acquisition of the right of residence within the meaning of Article 13, if they are be able to prove their residence in the Czech Republic to the Ministry of the Interior after the end of the transitional period.
British workers posted from the UK to work in the Czech Republic
Given that the application of EU legislation is fully maintained (with exceptions) until the end of the transitional period, the free movement of services, including the posting of workers, is maintained. However, from 1 January 2021, the situation changes completely. According to the European Commission’s interpretation, persons who derive their rights purely from Article 56 of the TFEU, on the free movement of services, are not covered by the Withdrawal Agreement. This means that the WA does not confer any right on posted workers to remain in the territory of the host State after the end of the transitional period. However, at the same time, Article 38 of the WA allows the host State to opt for a more favourable treatment than that based on the WA. The Czech Republic will use this option and allow workers posted from the UK to the Czech Republic to complete the expected period of posting. Given that from 1 January 2021, there will be no legal title for these workers arising from EU law for staying in the Czech Republic and continuing to perform work, all workers will be issued a work permit acrossthe-board within the meaning of Section 95 of the Employment Act.