Employment Agency - conditions for obtaining a licence

1. 5. 2014 | Source: Point of Single Contact (PSC) Czech Republic

The document describes conditions for obtaining a licence, including application requirements and further information on the licence proceedings for employment agencies.

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Conditions for granting a licence

Conditions for granting a licence for a natural person are:

  • a minimum age of 18 years
  • impeccability, a person is considered to be impeccable when he/she has not been convicted of a deliberate criminal offence or a property related crime.
  • professional competence, where a professionally competent individual is someone who possesses
  • completed a university education and at least two years of professional experience with mediation of employment or in the field for which the employment mediation licence is provided

or

  • a secondary education completed with a school-leaving exam, higher vocational education or higher vocational education at a conservatory and at least five years of professional experience in the field of employment mediation or in the field in which the employment mediation licence is provided
  • permanent residence in the territory of the Czech Republic and, if he/she does not have such a permanent residence, a mailing address in the territory of the Czech Republic

Where the licence is provided to legal entities, the individual who serves as the representative in charge must meet the same requirements as any individual applying for the licence. An individual may be appointed as a representative in charge for a single legal entity only, and must not at the same time be holder of the employment mediation licence as an individual.

Application requirements

A natural person shall include in the application:

  1. identification data
  2. place and subject of business
  3. format of mediation for which the licence is sought
  4. types of services for which the employment mediation licence is sought
  5. district where the applicant intends to carry out his/her employment mediation business

The application shall be supplemented with:

  1. certification of probity for any foreign individual
  2. certificate of professional qualification
  3. addresses of offices where the employment mediation services will be provided

The application of a legal entity shall contain:

  1. identification data
  2. subject of business
  3. format of mediation for which the licence is sought
  4. types of services for which the employment mediation licence is sought
  5. district where the applicant intends to carry out his/her employment mediation business
  6. identification data for the representative in charge

The application shall include:

  1. confirmation of probity for the representative in charge should it be a foreign natural person, and a certificate of professional qualification for the representative in charge
  2. declaration of the representative in charge confirming his/her appointment
  3. addresses of offices where the employment mediation services will be provided

Requirements connected to the provision of services by a provider from a different Member State

Entities established in another EU Member State must notify in writing the Ministry of Labour and Social Affairs the same information covered under the previous point. The notification shall be made by the date of commencing activities in the territory of the Czech Republic at the latest. The period of time when the services will be provided shall also be notified.

Further information on the licence proceedings

Type of licence

  • Licence – administrative decision

Respective authority

  • Employment Office of the CR

Control and supervisory bodies

  • Employment Office
  • Ministry of Labour and Social Affairs

Procedure for granting a licence

The Ministry of Labour and Social Affairs shall grant the licence against a request submitted in writing. The request shall further be commented upon by the Ministry of Interior, which may or may not recommend granting the licence.

Application clearing deadline

  • 30 days, this may be extended to 60 days in the event of serious complications.

Fees

Pursuant to Act No. 634/2004 Coll., on administrative fees as amended, every issue of a licence for employment mediation services is subject to an administrative fee pursuant to the item 9, the letter a) to f) of the tariff’s part I set out by the above mentioned Act which shall be paid to the account of the Employment Office of the CR or as a duty stamp (applies for a CZK 5,000 duty stamp only).

Administrative fees are set in Art. 9 d) to f) of the Appendix 1 as follows:


d) issue of a licence for mediation of employment of foreigners in the CR – CZK 10,000;
e) issue of a licence for mediation of employment abroad – CZK 10,000;
f) issue of a licence for mediation of employment in the CR – CZK 5,000

While paying the administrative fee in the amount of CZK 5,000 in a form of duty stamp (duty stamps), it is necessary to attach the lower part of a duty stamp without detaching the upper part onto the Employment Office's written request and return this request back to the Employment Office

Natural or legal entities carrying out employment mediation services acc. to Sec. 14 Art. 1 b) of the aforementioned Act are obliged pursuant to Art. 58a of this Act to be insured within 2 months from the day the decision comes into force.

Validity period of the licence

  • indefinite period acc. to Sec 14 Art. 1 a) and c) of Act no. 435/2004 Coll. on Employment
  • definite period acc. to Sec. 14 Art. 1 b) of Act no. 435/2004 Coll. on Employment

Combined proceedings (recognising qualifications and granting authorisation)

  • Yes

Authorisation granted by expiration of deadline period

  • Under this procedure authorisation is granted by default once the deadline period has expired.

Legal regulation

  • Act No. 435/2004 Coll., on Employment

Related legal regulations

  • Act No. 500/2004 Coll., Administrative Code
  • Act No. 262/2006 Coll., Labour Code
  • Act No. 309/2006 Coll., on the provision of other conditions for occupational health and safety protection, as amended

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