4

I am working in a German company and have the blue card here (less than one year). There is an on-site project in Prague for at least 6 months which I am interested in. So my question is: Can I legally work from Prague while stay employed in Germany and pay taxes (health insurance) in Germany? I will travel to Germany in between this period on weekends and will have my registered apartment in Berlin.

Improve this question
2

1 Answer 1

Reset to default
1

No, I don't believe you can without getting some form of permission from the Czech Republic.

Assumption: (since your question does not state this explicitly)

  • You, as an employee, are being deployed by your employer to the Czech Republic

The EU Blue Card is not one law valid in all EU Countries, but a EU Directive (2009 / 50 /EG) that needs to be implemented into individual national laws

Since each law is only valid within the area of responsibility of each country

  • they cannot grant rights in another country

So we must look for laws in the country of interest, to see what the offer for a specific situation:

  • an employee (in Germany) being deployed by his employer in the Czech Republic

Based on the information found here:

What is an Intra-Company Employee Transfer Card?

The Intra-Company Employee Transfer Card is a new type of authorisation for long-term residence in the Territory of the Czech Republic where the purpose of residence (longer than 3 months) of the foreign national is to perform work in the position of manager, specialist or employed intern to which the foreign national has been transferred.
...

This, it would seem, to be what we are looking for.

There is an on-site project in Prague for at least 6 months which I am interested in.

Looking further into the details:

Who is the Intra-Company Employee Transfer Card intended for?

The Intra-Company Employee Transfer Card is intended for intra-company transferred managers, specialists and employed interns.

In simple terms, intra-company transfer is the temporary transfer of an employee of a multinational company from a functioning section of a multinational company in a country that is not a member state of the European Union to a functioning section of the company located in the Czech Republic.
...
According to 42k(4) of Act No. 326/1999 Coll. a specialist means a foreign national who has specialised knowledge that is fundamental for the area of operations, procedures or management of the commercial corporation or subsidiary and who also has the required level of qualification and professional experience and, if applicable, is a member of a professional association, if special legislation so stipulates.
...
The Intra-Company Employee Transfer Card is intended for foreign nationals of all states of the world, with the exception of

citizens of EU/EEA member states and Switzerland and
their family members who are citizens of other states and hold residence cards for family members of an EU citizen (or, in the case of the family members of a citizen of an EEA state or Switzerland, a foreign national’s residence card) or have applied for such.

Furthermore, the foreign nationals listed in Section 42k(6) of Act No. 326/1999 Coll. (an applicant for long-term residence for the purpose of research, a foreign national who is employed by an employer from a different member state of the European Union sent to perform work as part of multinational provision of services in the territory of Czech Republic, etc.) are also not entitled to lodge an application for an Intra-Company Employee Transfer Card.

Department for Asylum and Migration Policy, August 15th, 2017

Section 42k(6) of Act No. 326/1999 Coll (Google Translate)
(6) An alien shall not be entitled to file an application for the card of an internally transferred employee if it concerns:

a) an applicant for a long-term residence permit for the purpose of scientific research,
b) a foreigner who is an employee of an employer from another Member State of the European Union posted to work in the framework of transnational provision of services in the territory,
c) a foreigner residing in the territory for the purpose of doing business;
d) a foreigner who was recruited by the employment agency,
e) a foreigner staying in the territory for the purpose of study pursuant to Section 64 (a); a) to d) in the case of full-time study at a secondary school, conservatory, higher vocational school or language school entitled to state language examination or full-time study at a university, or
(f) an alien who is engaged in a business corporation with its registered office in a State bound by an international treaty concluded with the European Union 1c), which implies the right of free movement equivalent to that of citizens of the European Union; or in a State bound by the Agreement on the European Economic Area 1d).

As to whether Section 42k(6)(b) of Act No. 326/1999 applies here is a possibility

  • but would seem to defeat the main point of a inter-company transfer
    • at least for a company from another EU Country

Conclusion:
Some form of permission is needed from the Czech Republic.

  • Intra-Company Employee Transfer Card is a possibility if
    • Section 42k(6)(b) does not apply to your case
      • which seems to be the case

As an employee being deployed by your employer

  • it is up to the employer to insure that it is being done legally
  • and what is needed to do this correctly

This is, therefore, a process that the employer should deal with, including any costs that it may intail.

Improve this answer
1
  • Thanks so much for the detailed response, it's really helpful. In short, we need to have some sort of permission to work. The employer has to follow this process to deploy employees.
    – crazyrohila
    Oct 31, 2019 at 12:13

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge that you have read and understand our privacy policy and code of conduct.

Not the answer you're looking for? Browse other questions tagged or ask your own question.