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Application of a new administrative procedure for posting declaration in the Czech Republic

The Ministry of Labor and Foreign Affairs of the Czech Republic (MoLSA) presented a new procedure for notifying posted workers.

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On June 25th, 2024, the Ministry of Labor and Foreign Affairs of the Czech Republic (MoLSA) organized un update webinar in view of the changes in the procedure of notification of the workers posted to Czech Republic.

New procedure and platform

These changes will come into effect next Monday, July 1st, 2024. Still in line with the implementation of the European Directive 2014/67/EU, the main change implies that the posting declaration will no longer be carried out according to the standard procedure. Indeed, while the latter involves filling in a data box with subsequent sending of the posting notification by e-mail to the relevant regional authorities of the Czech Labor Office, a new administrative procedure will be adopted as of July 1st

Indeed, it concerns the implementation of a new Czech government platform for the direct transmission of posting declarations for cross-border provision of services carried out on Czech territory.  

This decision was motivated by the need to resolve several difficulties that have arisen over time. During the webinar, it was mentioned that the intention was to avoid, for example, the need to manually provide a signature on each posting declaration and the requirement to send the document by email to the relevant regional authorities. Therefore, a government platform has been developed to facilitate and speed up the transmission of the posting declaration. 

The new improvements

Within the new platform, each posting company sets up its own account, and then the posting notification can be issued and subsequent changes, such as any extensions, can be made. 

This novelty therefore also brings an inherent improvement in the timing of transmission. In fact, through the platform, the posting declaration is sent directly and immediately to the Labor Office of the Czech Republic, as a result, all posting notifications will be collected in a single database.   

The most important change, however, concerns the first stage of uploading data about the posted workers. As of July 1st, 2024, it will be explicitly required to upload the posted workers’ employment contract together with its translation into Czech. This upload is mandatory for the purpose of correct transmission of the posting declaration.   

What changes for posting already initiated?

The procedure to be followed as of July 1st, 2024, seems clear. However, foreign employers have raised the question of how to report postings that begin in June and are expected to continue into July. The MoLSA authorities have therefore taken steps to specify the various routes to be followed for postings that span exactly the two months. 

The posting company can choose between two options

  • The first option is to complete the posting notification according to the standard procedure by sending a signed copy of the declaration to the relevant regional authorities. 
  • The second option, on the other hand, is to submit the posting notification entirely within the new Czech portal to simplify the procedure. It has also been specified that it is possible to retroactively notify postings already active and ending in July.    

Therefore, if the first option is adopted, part of the notification will be sent by e-mail to the relevant regional authority and the second part will be sent automatically to the databases of the Czech Labor Office. On the other hand, if the foreign employer chooses to submit the posting declaration directly through the new Czech portal, the entire declaration will be sent to the Labor Office.  

Also, contrary to the standard procedure, it is no longer mandatory to provide information on a contact person at the Czech receiving entity.  

Finally, the obligation to submit the posting declaration remains unchanged, even for postings lasting only one day. 

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