Temporary protection and employment in the Czech Republic: an advocate explains the conditions

Obtaining temporary protection in the Czech Republic not only grants Ukrainians the right to legal residence but also provides access to a range of social and labor protections. However, in practice, it is important to understand the existing rules.

The practical conditions for obtaining temporary protection, the specifics of its implementation in the Czech Republic, as well as the related social and labor rights of Ukrainian citizens were outlined by the UNBA representative in the country Olena Maksymenko during the webinar «Legalization of Ukrainians’ stay in the Czech Republic (temporary protection).”

Webinar participants were explained how the institution of temporary protection, as provided for by EU Council Directive 2001/55/EC of July 20, 2001, is applied in the Czech Republic. Special attention was paid to Czech regulations based on Act No. 65/2022 Sb. «On certain measures in connection with the armed conflict on the territory of Ukraine caused by the invasion of the armed forces of the Russian Federation».

During the event, the speaker reviewed the current conditions for obtaining temporary protection. In particular, she discussed the requirement to have a valid document for traveling abroad that certifies the identity of a Ukrainian citizen, as well as to confirm the fact of residence in Ukraine as of February 24, 2022. In this context, attention was drawn to the possibility of obtaining the relevant certificate through the Service department of the State Border Guard Service of Ukraine.

A separate section was devoted to the issue of housing. Attendees were informed that, in general, individuals applying for temporary protection must resolve housing issues on their own. However, there is an exception to this rule: in the regional center of Ostrava, one can submit a request and receive temporary free housing.

Participants were also informed about general opportunities for Ukrainians regarding access to the labor market and employment under the types of employment contracts provided for by Czech law.

Thus, the main employment contract (Hlavní pracovní poměr, HPP) is the standard option, which provides for full-time employment and the employer’s payment of mandatory health and social insurance contributions on behalf of the employee. When concluding the contract, the parties determine the type of work, the place of performance, the start date, the presence of a probationary period, the possibility of business trips, vacation, and the amount of remuneration.

Contract for the Performance of Work (Dohoda o provedení práce, DPP) — a contract for the performance of work that limits working hours to 300 hours per year for an employee with a single employer. It must be concluded in writing, specifying the duration of the work and a wage not lower than the statutory minimum.

The Agreement on Work Activity (Dohoda o pracovní činnosti, DPČ) provides for a maximum workload of no more than 20 hours per week. When concluding the agreement in writing, the parties specify the type of work, the term of the agreement, and remuneration not less than the minimum wage.

Separately, during the webinar, participants were reminded of the guarantees against discrimination, as well as the rights of Ukrainian citizens to access the health insurance system and educational institutions in the Czech Republic.

«Holding such webinars is of practical importance, as Ukrainians abroad often need not general information, but clear legal explanations regarding specific life situations, - commented O. Maksymenko on the webinar’s outcomes. - In the case of the Czech Republic, this primarily concerns the conditions for obtaining temporary protection, the rights associated with it, and employment opportunities. The aim of the event was to systematize these issues and provide participants with a clear understanding of the current rules and mechanisms for their implementation».