Hiring foreigners gets trickier

A new amendment to the immigration law that will tighten regulations for foreign workers and the companies that employ them means to help stranded workers fired during the economic crisis, according to the government, but critics argue the move could hurt the country's economy.

The amendment, passed by the Cabinet last week, will hold companies that employ third-country nationals - those from outside the EU - responsible for paying employees' health and repatriation costs should they be fired before the expiration of their work visa, as well as crack down on companies who hire illegal immigrants.

"This is not an attempt to deter firms from employing foreigners," the Interior Ministry's press office said in an e-mail. "The measures ... are to ensure the security situation in the Czech Republic in connection with foreign workers made redundant as a result of the economic crisis."

However, organizations of employment agencies like the Association of Providers of Personnel Services (APPS) have objected to the new regulations, saying the high costs will deter employment agencies from filling jobs not taken by Czechs, which in turn could hurt businesses.

"There are different industries and skills that are required for the work force, and sometimes we are simply not capable of getting those skills locally," said Milan Novák, regional director for APPS agency Grafton Recruitment. "If there are too many restrictions on hiring foreign employees, we won't be able to compete."

Novák said APPS was in the process of lodging a formal complaint against the ministry regarding the measures.

Sasha Štěpánová, a lawyer who deals with employment law for Kocián Šolc Balaštík, said it's unlikely any changes caused by the amendment will affect foreign workers and companies outside of the blue-collar sector.

"Companies are usually careful when they hire, because you don't hire expecting to fire someone," she said. "Construction companies often hire cheap foreign workers who are often illegal, and that's what this law targets."

The legislation is part of a larger ongoing effort that started last year when the government implemented a program that awarded money to laid-off foreign workers who volunteered to return home. A total of 2,089 legal workers and 618 illegal workers took part in the program, which cost around 68 million Kč, according to the ministry.

NGOs and immigrant and refugee rights organizations have broadly supported the measures.  Magda Saltová, director of the Association for Integration and Migration, said the government efforts are a positive development as long as they are implemented well.

"We hope it will discourage employers who are not that serious, who tend to exploit workers and those who don't want to take responsibility, but of course we are afraid that the costs might be shifted to the employees on the employees' income," she said.

The situation began with an influx of foreign workers earlier in the decade when the Czech Republic was dealing with a labor shortage, and measures were taken to attract foreign workers to the country. However, when the economic crisis hit, massive layoffs left many foreign workers without jobs and with no way to return home after their visas expired.

According to numbers given to the Czech News Agency by the Labor and Social Affairs Ministry, the number of foreign workers in the Czech Republic is falling. At the end of July, there were 216,735 in total, 1,727 fewer than in June.

The amendment will also implement a number of other new security measures concerning foreign residents and workers, including a program that requires third-country nationals to have cards with chips containing biometric data like fingerprints, stricter compliance measures for business-visa holders and the EU-wide Blue Card program for "highly qualified employment," the ministry said.

Business-visa seekers will now have to apply for long-term residency permits that will require visa holders to show proof they are operating the businesses they claim. If they terminate the business or move on to a different one, they will be allowed to apply to change the purpose of their visa.

The Blue Card will grant foreigners with a university degree or at least three years of higher professional education a two-year visa with extension possibilities. Blue Card holders will be able to apply for permanent residence in the Czech Republic if they live within the EU for three years, and then within the Czech Republic for an additional two years.

Parliament must still vote on the Cabinet's proposed immigration amendment.

Cat Contiguglia can be reached at
ccontiguglia@praguepost.com