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Domestic workers – situation in the Czech Republic.

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Presentation on theme: "Domestic workers – situation in the Czech Republic."— Presentation transcript:

1 Domestic workers – situation in the Czech Republic

2 Magda Faltova Association for Integration and Migration

3 Content Overview of the situation Statistical data Employment and working permit Self employment Points of concern

4 Overview of the situation Relatively new phenomenon in the Czech Republic There are no relevant statistical data concerning number of migrant domestic workers and the needs of the labor market From the experience of AIM – there is only very few in-house domestic workers Among our clients cleaning is the most spread work, followed by taking care of children and old people

5 Number of foreigners

6 Employment data

7 Legal background Act on the Residency of Foreigners, Act on Employment, Act on Self Employment Visa over 90 days for the purpose of employment Long term residence permit for the purpose of employment Other residence permits with the permission to work – permanent residency, tolerated stay visa, long term residency – family reunification, holders of an international protection

8 Procedure to obtain visa Application in the country of origin Required documents -i.d. no. of the application for the work permit filed at the appropriate labor office -statement of the employer that he/she will employ -Passport, filled form, proof of accomodation

9 Work Permit Work permit is fully linked to the specific employer and job position Employer - Registering of the job position at the relevant Labor office - Submitting application-form claiming the intention to employ a specific foreigner (contains name, date of birht etc.) - Waiting period of 30 days for the job to be provided to the Czech/EU nationals – protection of labour market - without fee

10 Work Permit Foreigner - Submitting application for a work permit - Filling the form, copy of the passport, copy of the Intention of employer to employ the foreigner stamped by the Labor Office, copy of the proof of requiered qualification - Duration maximum 2 years - fee 500,- CZK

11 Work Permit All the necessary steps can be realized by the potential employee if he/she authorized by the employer – relevant if the foreigner is already at the territory No need for work permit – permanent residency, EU citizens and their family members (only registration), family members of the holder of permanent residency, International agreements Work permit is fully linked to the permission to stay – if the work permit is withdrawn the permission of stay follows

12 Identified problems Too complicated procedure - two public bodies making a decision - employee is fully dependent on the employer - risk of exploitation, lack of legal protection in practice - there should be single permit – stay and work Majority of jobs are not official, therefore no social security, no health insurance

13 Employment data

14 Self - employment Domestic work can be realized as self – employment – Residence permit for the purpose of conducting business (issued for 2 years) – A foreigner has to fulfill the purpose of stay, otherwise the permit is withdrawn – Police and Ministry of Interior can control to find out, if she is conducting business continuously (new provision of the law since 1.1.2011

15 Self Employment Most of the business activity is unofficial – No invoices, no accounting – Therefore the purpose of stay is not fulfilled and residence permit is not prolonged – Self Employment does not provide enough legal protection – Labor law is not applied – Compulsory private health insurance – expensive and not providing enough coverage

16 Recommendations Working permit and residence permit in one document not linked to specific employer Access of Self employed workers to public health insurance system Responsible approach of employers to domestic workers – contracts, respect to labor rights

17 Thank you

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