Legal Q&A · Employment Law & HR

We are sending employees to a project in Czechia. What must we arrange before they leave?

Law as at 3 October 2026

Short answer

Before departure, conclude a posting agreement with the employee and give them written information on the conditions applicable during the posting. Apply to the Social Insurance Agency for portable document A1; from July 2026, applications must be submitted exclusively electronically. Notify the Czech State Labour Inspection Office of the posting no later than the day work starts, and ensure that pay, working hours and annual leave comply with Czech minimum requirements.

A Slovak construction or installation company wins a contract in Czechia, and its staff are due to start on a construction site in Brno in two weeks. Slovak employees do not need a work permit. However, this is a posting in the context of the provision of services, which entails obligations in both countries. In Slovakia, you need to prepare documents for the employee and apply for PD A1; in Czechia, you must notify the authorities of the posting and comply with Czech minimum working conditions. Everything should be arranged before the first working day. Our article on posting employees between Slovakia and Czechia discusses the full posting framework, including temporary agency assignments.

Posting agreement and written information

The Slovak Labour Code (Act No. 311/2001 Z. z.) requires a separate agreement with the employee when posting them to another EU Member State:

The following quotation is reproduced in its original language:

Ak má byť domáci zamestnanec vyslaný domácim zamestnávateľom na výkon prác pri poskytovaní služieb z územia Slovenskej republiky na územie iného členského štátu Európskej únie, domáci zamestnávateľ uzatvorí s domácim zamestnancom dohodu o vyslaní, v ktorej dohodne najmä a) deň začatia a skončenia vyslania, b) druh práce počas vyslania a jeho stručnú charakteristiku, c) miesto výkonu práce počas vyslania, d) mzdové podmienky počas vyslania.

§ 54b ods. 1 Zákonníka práce

Before the posting begins, the employee must also receive written information, unless the employment contract or posting agreement already contains these details. This covers the working conditions applicable during the posting, travel allowances and reimbursement of accommodation and meal expenses, the currency in which wages will be paid, other benefits associated with working in Czechia, repatriation conditions and a link to the official Czech website on conditions for posted workers (Section 54b(2) and (3), read in conjunction with Section 44a(2)). Working conditions during the posting are governed by the law of the country to which the employee is posted (Section 5(12)). If an individual posting does not exceed four consecutive weeks, you do not have to include the details concerning allowances and reimbursements, currency, other benefits and repatriation, or the website link (Section 54b(5)).

Portable document A1

A posted employee remains within the Slovak social security system if the anticipated duration of the work in Czechia does not exceed 24 months and they are not posted there to replace another posted employee (Article 12(1) of Regulation (EC) No. 883/2004). Your company must normally carry out substantial activities in Slovakia, rather than merely internal management activities (Article 14(2) of Regulation (EC) No. 987/2009). If you recruit an employee specifically for this project, Slovak social security legislation must already apply to them immediately before their employment begins (Article 14(1)).

Coverage under Slovak legislation is confirmed by PD A1, which the Social Insurance Agency issues on the employer’s application. The institution must be informed of the posting in advance wherever possible (Article 15(1) of Regulation No. 987/2009). According to the Social Insurance Agency’s announcement, from 1 July 2026, applications for an employee’s posting to another Member State must be submitted exclusively electronically through the employer’s electronic mailbox.

Notification in Czechia and minimum working conditions

You must notify the State Labour Inspection Office of the posting through its information system no later than the day the employee starts work (Section 101a of Act No. 435/2004 Sb.). The notification must include details of the company, the employee, the Czech recipient of the service and the posting period. You must attach a copy of a document evidencing the employment relationship. A Slovak employment contract does not need to be translated. You must notify changes to the information within 10 calendar days of the change occurring or of learning of it, and notify the end of the posting within the same period if it did not end on the originally notified date (Section 101a(4) and (5)).

Compare pay, working hours, annual leave and travel allowances with Czech requirements before departure. Czech rules apply to the posted employee to the extent specified in Section 319 of the Czech Labour Code (Act No. 262/2006 Sb.), unless the Slovak rules are more favourable to the employee. Czech rules on annual leave and pay do not apply if the posting does not exceed a total of 30 days in a calendar year and the employee is not posted by an employment agency (Section 319(2)).

For a longer project, further Czech rules governing the performance of work also apply after 12 months, or after 18 months if a reasoned notification of an extension is submitted in time, except for rules on the commencement, amendment and termination of employment (Section 319a).

Posting employees to a project presupposes that they work under your company’s direction and responsibility under a contract with the Czech client, and that their employment relationship with you continues throughout the posting (Section 5(6) of the Labour Code). If they are to work under the Czech company’s direction, this constitutes a temporary assignment, to which the specific rules for employment agencies described in the article above apply.

How we can help

We will prepare the posting agreement, written information for employees and supporting documents for the PD A1 application, and submit the notification in Czechia as part of our employing foreign nationals and posting workers service. Send us the contract with the Czech client, a list of the employees and the anticipated posting dates.

This answer provides general information on the law as at 3 October 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. A manager gave notice and has stopped coming to work. Can we claim compensation for the notice period? In Slovakia, only if you agreed monetary compensation for failure to remain during the notice period in writing in the employment contract. It may not exceed the employee's average monthly earnings multiplied by the length of the notice period, and if the manager does not pay voluntarily, the court determines the amount in the light of the circumstances. In Czechia such a sanction cannot be agreed, because the Labour Code permits a contractual penalty only where it expressly so provides.
  2. May our manager run a business or serve on the body of another company alongside their employment? They may; the law does not generally prohibit outside activity. If, however, it is competing in character with the employer’s business activity (the Czech statute speaks of activity identical to the employer’s business activity), the manager needs the company’s prior written consent in both Slovakia and Czechia. Slovak law also treats consent as granted if the employer does not respond to the request within 15 days; Czech law contains no such deeming provision. Where the manager is also a managing director, the stricter non-competition prohibition under company law applies as well.
  3. Can a temporary employment agency assign us workers from outside the EU? In Slovakia, generally not: a third-country national working on the basis of a Blue Card, a confirmation of a vacant post or a work permit may not be temporarily assigned to a user undertaking by an agency or any other employer. An exception applies to an agency operating for at least three years, where the national holds temporary residence for the purpose of employment based on a confirmation of a vacant post, the post is a shortage occupation in the region, the user undertaking consents to the assignment in writing and the labour office issues a confirmation for it. The prohibition does not cover nationals who need neither a permit nor a confirmation, such as holders of permanent residence.
  4. How long may an agency assign the same employee to one business? In Slovakia, a temporary assignment to the same user undertaking may be agreed for a maximum of 24 months and, within that period, extended or agreed again no more than four times, including where another agency assigns the employee. If the limit is exceeded, employment with the agency ceases and indefinite employment arises directly with the user undertaking. In Czechia, an agency may not assign the same employee to the same user for more than 12 consecutive calendar months, unless the employee so requests or the assignment covers a user's employee on maternity, paternity or parental leave.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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