Employment of Foreign Nationals without Work Permit or Valid Residence Permit

If you employ a foreigner without a working permit, although s/he is obliged to have the working permit according to the Employment Law, or a foreigner without a valid residence permit, you are obliged to pay the costs connected to his/her the legal extradition.

The costs connected to the extradition of foreigners comprise:

lodging,
board,
transport costs,
other necessary expenses.

If the foreign national does not cover the costs associated with administrative expulsion within a specified period and they have not been covered from financial guarantees, the obligation to cover the costs is passed on to persons/entities in the following order:

the person legally bound to cover the costs in the letter of invitation verified by the police, if it concerns a research worker, it is the research organisation that is legally bound in writing; the research organisation covers the costs associated with administrative expulsion arising within 6 months of the expiry of the hosting agreement,
the person that arranged employment without a work permit,
the person that employed the foreign national and the employment was terminated for one of the reasons presented in § 52/a to /e of the Labour Code or by agreement due to the same reasons or by instant resignation in accordance with § 56 of the Labour Code before the expiry of the period for which the work permit, Green Card or Blue Card were issued to the foreign national, if this foreign national did not leave the country when the visa/residence permit for the purpose of employment was terminated. This does not apply if the foreign national did not leave the country and the person who employed him/her credibly proves that he/she secured cover for the costs associated with the departure of the foreign national for the state where he/she has citizenship or the state where he/she legally resides,
the person who arranged employment for the foreign national and the employment was terminated for one of the reasons presented in § 52/a to /e of the Labour Code or by agreement due to the same reasons or by instant resignation in accordance with § 56 of the Labour Code before the expiry of the period for which the work permit, Green Card or Blue Card were issued to the foreign national, if this foreign national did not leave the country when the visa/residence permit for the purpose of employment was terminated. This does not apply if the foreign national did not leave the country and the person who employed him/her credibly proves that he/she secured cover for the costs associated with the departure of the foreign national for the state where he/she has citizenship or the state where he/she legally resides,
the transportation provider who did not meet the obligation in accordance with § 104 of the Act on the Residence of Foreign Nationals.

You as an employer are exempt from the obligation to cover the costs in the following instances:

You can prove, that you have met the requirements of law regulating the employment and residence of foreigners, and did not know that the residence permit submitted by the foreigner was a forgery, or
You have concluded an agreement with the foreigner and can prove, that you have fulfilled the obligations prescribed by law regulating the employment and residence of foreigners, and did not know that the residence permit submitted by the foreigner was a forgery.

The police or the Ministry of the Interior decide on the deadline for settlement, the amount to be settled and who is obliged to cover the costs, or the remaining amount, associated with administrative expulsion. There is no appeal against this decision.

For further information on the duties and options the employers have, see the web page of the Ministry of Labour and Social Affairs.