Legal Prerequisities
Due to the fact that there were cases where other entities offering a similar kind of services proved to be dishonest and untrustworthy, we would like to point out to several principles and legal aspects which cannot be left aside in cases where an employment is mediated. Such principles are as follows:
a license issued by the Ministry of Labor and Social Affairs
all entities, whether legal entities or individuals (natural persons), engaged in the business of employment mediation and providing all services related thereto, must be a Labor Agency holding a valid certificate authorizing it to mediate employment (jobs), issued by the Ministry of Labor and Social Affairs of the Czech Republic concerning mediation of employment (jobs) pursuant to Section 14 (3) (b) and Section 60 (1) of Act No. 435/2004 Coll., on Employment, as amended.
a work permit - we arrange for a Czech work permit for each of our employees, such permit to cover the corresponding position and comply with legal regulations (Act No. 435/2004 Coll., on Employment); the work permit must be issued by the Labor Office in the place of the work performance which typically is the family’s place of residency.
reporting the foreigner’s stay – according to Act No. 326/1999 Coll., on Residency of Foreign Nationals in the Czech Republic, the new employee must be reported within three (3) days as from his/her arrival to the relevant Foreign Police Department in the place of his/her stay, and the Foreign Police Department will indicate the address of the place of residency with a stamp in the foreigner’s passport.
a health examination – all our employees undergo thorough medical examination at a Manila clinic chosen by us under supervision of our officer, so that the results of the health checks cannot be interfered with in any way – here we rely on previous adverse experience and knowledge of the local practice … Immediately after arrival and before placement of the laborer in a family, more tests are performed.
an Employment Agreement (Work Contract) drafted according to the Czech law – according to Act No. 435/2004 Coll., on Employment – foreign nationals have the same rights and obligations in labor-law (employment) relationships as citizens of the Czech Republic. The Employment Agreement (Work Contract) thus must comply with the Czech law, and this is why conditions such as not providing vacation days during a calendar year etc. are unlawful and unacceptable for our agency.
VAT – the service is provided as a complex performance within the framework of agency-based employment, and therefore by operation of law VAT must be charged on the whole amount as it is stated in our price list. If other agencies promise not to charge VAT, make sure that they are not forcing you to break the law…