12.10.2012
Proof of the professional capacity
Foreigners from non-EU countries who want to work in the Czech Republic need to obtain an employment permit which is issued by the Czech Labour Office. If the employer requires a special qualification, the application must contain, among other, an officially certified duplicate of the diploma based on which the foreigner will work in the Czech Republic (secondary school leaving certificate, diploma of completion of higher education, etc.).
Problems with nostrifications
In March 2012, the Ministry of Labour and Social Affairs issued an internal regulation for the Labour Offices. This regulation determines how to consider the documents proving the professional capacity, and based on this regulation, the Czech Labour Offices have to require their nostrification (i.e. full acceptance by a Czech educational authority). The nostrification process became a great obstacle for obtaining a working permit, as the universities are reluctant to grant it.
This duty based on the above mentioned internal regulation, might not be in accordance with Czech law, as the internal regulation is not based on any legal act enacted by the Parliament. There has not been so far any court proceeding under which the requirements of the Czech administrative bodies would have been adjudged as maladministration. The Czech state is liable for damages caused by executing of public power by an unlawful decision or by an incorrect official procedure (according to Act No. 82/1998 Sb.) so the foreigners may theoretically take a legal action against the Czech Republic for damages (lost wage, costs of proceeding, etc.).
Procedure of nostrification of the foreign university diploma
Only public universities (http://www.msmt.cz/areas-of-work/public-institutions-of-higher-education-1) are competent to nostrificate a foreign university diploma and the university which provides a similar study programme is competent to decide the nostrification request.
If there is no university providing such a programme, the Ministry of Education of the Czech Republic should make a decision about the relevant university or it can decide about the nostrification on its own. The Ministry has 30 days (from the day when it received the appeal) for a final decision. This period may be prolonged up to 60 days; however, the Ministry is at present not able to make the decision during this period because it is overloaded with the applications for nostrifications.
This causes very serious problems to the foreigners who are supposed to start working in the Czech Republic as the date of their employment is unsure.
The petitioner may take an action against the inactivity of the Ministry based upon which the court may impose the time-limit (which cannot be longer than 30, respectively 60 days) during which the administration body is obliged to issue the decision.
Nostrification of the foreign secondary school leaving certificate
The application for nostrification is submitted to the Regional Authority. If the study programme is different from the Czech framework programmes, the application is dismissed. If the study programme is not exactly the same but it is similar, the Regional Authority orders an examination of the applicant for nostrification. If the petitioner fails, the Regional Authority will dismiss the application.
International treaties
The aforementioned duties have effect only for foreigners from the countries which are not members of the EU or for foreigners from the countries that have not concluded a treaty with the Czech Republic on recognition of the education. The Czech Republic entered into the treaty with Bulgaria, Hungary, Poland, Slovakia, Slovenia, and with some former USSR states.
Contact:
Monika Rutland, partner
rutland ježek, law firm
t: +420 226 236 600
About rutland ježek:
The rutland ježek law firm in Prague focuses mainly on business law, real estate law, litigation, finance and banking law; the firm is ready to provide adequate comprehensive consulting thus offering an alternative for clients of international law firms. The international dimension of the provided services is guaranteed by its track record and cooperation with leading law firms in most European countries, the USA and other jurisdictions. Czech lawyers of the rutland ježek team have long experience in providing legal consulting to transnational corporations, large Czech companies as well as medium size firms and individuals, acquired in leading international law and tax firms. More on www.rutlandjezek.com.
