Specific Professional Groups on the Czech Market

ACCESS TO THE CZECH MARKET

In the Czech Republic, the access to the labour market for artists from non-EU countries is governed by Act No. 326/1999 Sb., on the Residence of Foreigner Nationals in the Czech Republic and on amending some other laws, and Act No. 435/2004 Sb., on Employment. The term “labour” covers both self-employment and employment activities. The Labour Office of the Czech Republic must usually issue a decision regarding the employment of a foreigner, or a work permit if employment is the purpose of stay. Artists enjoy some exceptions, which are listed in the Act on Employment.

EXCEPTIONS FROM THE WORK PERMIT REQUIREMENT UNDER THE EMPLOYMENT ACT

The Employment Act provides for exceptions (Section 98) from the requirement of a work permit for the employment of foreigners (except foreigners from the EU, the EEA and Switzerland). In the cultural sector, such exceptions apply to the following cases. A work permit, an Employee Card or a Blue Card are not required for the employment of a foreigner:

  • whose performance of work in the Czech Republic does not exceed seven consecutive calendar days or a total of 30 days in a calendar year and, in the same time, the foreigner is a performing artist, a pedagogue, a university academic staff member, a scientist or a member of research  and development staff taking part in a scientific meeting, a pupil or student under the age of 26, an athlete or a person procuring the supply of goods or services in the Czech Republic or a person supplying such goods or services , or a person carrying out  assembly works under a  under a  commercial contract or carrying out warranty and repair work,
  • who undergoes continuous training for future career in the Czech Republic,
  • who has been posted to the Czech Republic within the framework of services provided by an employer based in another European Union Member State,
  • who performs continuous educational or scientific activities in the Czech Republic as a pedagogical or academic staff member at a university or as a scientific, research or development staff member in a public research institution or other research institution under special legal regulations,
  • who is a graduate of a conservatoire having the status of a secondary or higher vocational institution under the Education Act or a university graduate under the Universities Act.

The Act also provides for exceptions from this requirement in cases stipulated by an international treaty that has been ratified by the Czech Parliament and is binding on the Czech Republic.

Example

A Chilean circus artist is invited to organise a guest performance at a five-day festival in Prague.

Since his stay as a performing artist will not exceed seven consecutive working days, he does not have to apply for a work permit.

Example

An artist from Iraq is invited to the Czech Republic for two weeks to install his works of art at an exhibition, participate in a subsequent opening of the exhibition and lead a workshop the next day as part of the exhibition, for which he is to receive remuneration.

The artist will apply for a short-term Schengen visa for the purpose of participation in cultural event and organisation of a workshop.

Example

The National Theatre hires a ballet dancer from Singapore for one season.

Since they want to enter into an employment contract, the dancer has to apply for the Employee Card.

COURSES, GRANTS AND RESIDENCY STAYS

The duration of the planned stay is of essential importance in relation to visits of artists that do not lead to employment. If the duration of the grant, planned training or creative stay exceeds 90 days, the type D visa is necessary, which can be later converted to a long-term residence permit.

In these cases, the artist does not need a work permit from the Labour Office of the Czech Republic, because the artist is not looking for a job in the Czech Republic but only receives contributions for personal expenses, travel expenses or grants to cover the cost of living.