Undertakings of a subject accepting a foreign national on the territory of the Czech republic for the purposes of economic activity or educational activities
In the protective measure of the Ministry of Health on limiting the crossing of the state border of the Czech Republic that came into force on 1 July 2020, in point I/5 it orders "all subjects which accept foreign nationals for the purposes of economic activity or educational activities who entered the territory of the Czech Republic after 1 July 2020, to ensure for these foreign nationals:
-
accommodation for the entire duration of their stay on the territory of the Czech Republic, including place where quarantine measures will be performed if they are ordered by a public health protection authority,
-
healthcare or registered medical services provider for the entire duration of their stay on the territory of the Czech Republic, including coverage of healthcare if not ensured otherwise,
-
return to country of origin if the purpose of stay on the territory of the Czech Republic expires".
And point I/6 the orders: “all citizens of third countries to submit for their residence permission application, at the latest before the visa is marked in the travel document, at the relevant embassy of the Czech Republic, a document according to section 31 paragraph 3b) of Act No 326/1999 Coll., on Residence of Foreigners on the Territory of the Czech Republic and on amendments to certain Acts, as amended, which contains the undertakings of the subject according to point I.5”.
According to the aforementioned provisions of the protective measure, all impacted subjects (in particular employers and educational institutions) where foreign nationals will perform the activity which is the purpose of their stay in the Czech Republic are ordered to be responsible for these citizens in connection with protection against the spread of the disease COVID-19 caused by the novel coronavirus SARS-CoV-2 in the designated manner. Guarantees of the employer or accepting educational institution are required in connection with accommodation, healthcare and return to country of origin.
The duty to ensure accommodation for a foreign national (foreign worker/foreign student) must be interpreted as meaning that the impacted subject (employer or educational institution) must ensure that the foreign national really has suitable accommodation secured on the territory of the Czech Republic and if needs be help him/her to secure accommodation. This duty does not mean that an impacted subject should order where the foreign national is to be accommodated or should necessarily pay for his/her accommodation. A foreign national can secure and pay for accommodation himself/herself at his/her own discretion and according to his/her own possibilities. The aim of the measure is to designate the responsibility of an impacted subject, in particular for place of residence of the foreign national for the eventuality that a public health protection authority orders quarantine or isolation that the foreign national cannot undertake at, for example, a hostel or halls of residence.
With regard to healthcare and payment for it, in view of the intent of the protective measure the text means that the health insurance of the foreign national should also cover care associated with COVID-19 disease. It is up to the relevant subject to verify this fact with the foreign national. Should healthcare costs arise not covered by health insurance, or if the foreign national does not pay them himself/herself, the impacted accepting subject will be responsible for covering the healthcare.
Ensuring return to the country of origin in the case of expiry of purpose of residence on the territory of the Czech Republic does not mean that the employer or educational institution should itself ensure or pay for the departure of a foreign national (its employee or student) from our territory and his/her return to the country of origin. But it does mean an undertaking of the accepting subject to bear financial liability in the case of departure from our territory of such a person with the assistance of state authorities. It is thus in the interest of the accepting subject to make sure that the foreign national’s departure from the country is properly ensured and if necessary help him/her with departure, for example by ensuring the booking of a travel ticket for them.
For these reasons it is required, on the basis of point I/6 of the protective measure, that third-country nationals should furnish a document which would bind an impacted subject to the aforementioned, which also confirms that it is familiar with and understands this duty. Form of document for download from HERE.