With regard to the situation in Ukraine, we are seeing an increase in clients approaching us asking for information on how to deal with employment situations of Ukrainian citizens.
Below you can find a brief summary and general recommendations, including references, where appropriate, for where your employees can go for help or advice.
Call-up order
There is increasing uncertainty about Ukrainian citizens in the Czech Republic. Call-up orders will probably be delivered in waves. At the same time, it is not entirely clear whether or not employees who disobey these orders will be expelled from the Czech Republic because if they stay here, they are guilty of an offence in Ukraine. However, according to Vít Rakušan, it seems that Ukrainian citizens who decide to stay will face no problems.
From the perspective of the Labour Code, Section 204 must be applied to this situation with the employer being obliged to grant the given employee time-off for a necessary period. This time-off shall then be recorded as unpaid leave and shall be recognized as time worked for the purposes of the employee’s leave entitlement, even if the conscription period is one year or more. Under the law, the employee remains subject to health insurance and social security by virtue of his/her employment.
Another important point is that pursuant to Section 53 paragraph 1 letter b) of the Labour Code, the employer must not give notice to an employee during a period of active military service and within 14 days after its conclusion.
Any compensation for lost salary, where appropriate, shall then be paid by the body issuing the
call-up order, which in this case is Ukraine.
Visas
- Long-term stay – only an extension is required and the procedure remains the same.
- Short stay ending earlier than within 14 days – it is necessary to visit an office of the Ministry of the Interior – Department for Asylum and Migration Policy and apply for a specific type of long-term visa.
- Further information concerning the possibility of the arrival of family members and further stay of the Ukrainian citizens can be found on the website of the Ministry of the Interior of the Czech Republic and by contacting the helpline established by it.
Health insurance
- They are automatically insured under the health insurance law within the framework of their employment.
- Unemployed citizens (family members, citizens using the possibility of 90-day visa-free travel) – must have commercial insurance arranged.
Detailed information regarding the above matters can be found here: INFORMATION FOR UKRAINIAN CITIZENS IN THE TERRITORY OF THE CZECH REPUBLIC RELATED TO THE CONFLICT IN UKRAINE. Information in the Ukrainian language is also available here: ІНФОРМАЦІЯ ДЛЯ ГРОМАДЯН УКРАЇНИ В ЧЕХІЇ У ЗВ'ЯЗКУ З КОНФЛІКТОМ В УКРАЇНІ.
However, the overall situation and the views of individual institutions are constantly evolving and we therefore recommend monitoring any possible changes that may have an impact on this situation.
