Employee card and job loss: What now?

Loss of employment is not a pleasant situation, especially for foreigners, since it is not only a job, but also a residence permit and therefore the right to continue to reside in the Czech Republic. And it is here that it is crucial to know what type of employee card a given person has. After all, the difference is fundamental.

The type of employee card matters!

The employee card can be dual, or non-dual. At first glance, they look the same, but the legal regime when changing jobs is different. A dual employee card combines a residence permit and a work permit at the same time. It is linked to a specific job position registered by the Labour Office. In other words, it's about “two in one.” If employment ends, the bond on which the card is built is also broken.

In this case, the law establishes clear rules. From the date of termination of employment there is a 90 day period. During it, the holder must submit an application for consent to the change of employer, or apply for a residence permit for another purpose if he does not find a new job. These 90 days constitute the official protection period, and the rules are quite readable here.

With a non-dual employee card, the situation is different. It serves only as a residence permit, and its holder has free access to the labor market. The change of employer is not subject to special approval, but this does not mean that the loss of work has no impact.

The law here does not establish a specific period for which the holder can be without a job. Instead, he works with the rather vague notion of “fulfilling the purpose of residence.” If the residence was granted for the purpose of employment, it is expected that this purpose will be fulfilled. How long a period of unemployment is still acceptable is assessed by the authorities on an individual basis. And it is this individuality that brings the greatest uncertainty.

How best to proceed?

Therefore, it makes sense to approach the 90-day limit as an indicative and defensible framework even for a non-dual card. Not because the law specifically mandates it, but because it is a logical time horizon analogous to an employee card dual. If the period of unemployment exceeds this period, it is advisable and recommended to be able to demonstrate an active effort to resolve the situation, that is, to prove that the holder of the non-dual employee card tried to find employment, communicated with potential employers.

For employers, this follows a simple conclusion: the type of employee card is not an administrative detail. It has a direct impact on risks, time options and further course of action. Proper orientation in the rules at the right moment can avoid unnecessary complications and threats to the residence permit.

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