Foreign Worker Reporting: What Employers Must Know from October 1, 2025
The field of labor law and employment is undergoing another change. With effect from October 1, 2025, an amendment to the Employment Act became effective, changing the current practice regarding employers’ reporting obligations to the Labor Office.
We strongly emphasize that this change introduces a new offense – enabling the performance of undeclared work – and places higher demands on employers in the area of administration and adherence to legal deadlines.
What is Changing in the Notification Deadline for Commencement?
Until now, the obligation was to report the commencement of employment of a foreign national no later than on the day of their commencement. From October 1, 2025, this period is tightened: the employer is obliged to inform the regional branch of the Labor Office about the commencement of employment or work, no later than BEFORE THE MOMENT these persons commence work.
The aim of this change is to prevent arguments such as “the worker has just started, we will report him today,” which could be used during an inspection by the labor inspectorate (SÚIP/OIP). Thus, the worker must now be reported already at the start of the inspection. The change in deadline applies only to reporting to the Labor Office, not to other authorities (e.g., ČSSZ/OSSZ).
Who Does the New Obligation Concern?
The change affects all foreign nationals, i.e., persons who do not have Czech citizenship. Specifically, this includes:
- Citizens of the EU, EEA, and Switzerland and their family members.
- Persons from third countries with work permits (e.g., employee card or blue card).
- Persons with free access to the labor market, including persons under temporary protection.
The obligation applies not only to employees but also to posted workers from third countries (according to §95 of the Employment Act). The entity where the work is performed (user) does not necessarily have to be the employer. The only exception is workers posted within the EU internal market by an employer established in another Member State, where the existing deadline and reporting via the SÚIP portal will continue to apply.
New Offense and Sanctions
Violation of this new obligation is defined as undeclared work. Enabling the performance of undeclared work is now an offense for which the employer may be subject to a fine of up to CZK 3,000,000.
What to Do in Case of Delayed Reporting?
However, the law also provides for situations where an omission occurs:
- Reporting retroactively within 5 days: If the employer reports retroactively within 5 calendar days from the start of work, and at the same time no inspection by the labor inspectorate has been initiated in the meantime, it is considered undeclared work, but will not be prosecuted as an offense (SÚIP/OIP may dismiss the matter by decision).
- Reporting retroactively after more than 5 days: The employer has committed the offense of enabling undeclared work. However, the fact that the worker was subsequently reported may be taken into account when imposing a potential fine.
- No reporting at all: In this case, a fine of up to CZK 3 million is threatened.
How to Report?
Reporting is fully digitized and carried out as before – through the so-called “infokarty and notifications,” which should be operational from July 1, 2024.
If there is a system outage on the part of the Ministry of Labor and Social Affairs (MPSV), it is important to retain proof of the malfunction (e.g., a print screen) and contact technical support.
This amendment places great emphasis on employers to be precise and timely in fulfilling administrative obligations. We recommend that all clients review and adjust their internal processes for the onboarding of foreign nationals to ensure that reporting to the Labor Office is done BEFORE the physical commencement of work.
Do you have questions about the implementation of the amendment or need legal assistance? Do not hesitate to contact us.”
