Unreliable Employer

The Act on Residence of Foreigners precludes the issuance of an employment card or its extension if the employer in question is unreliable. The concept of an unreliable employer is primarily intended to prevent secret employment of foreigners through agencies and to make it impossible for employers to employ foreigners if they systematically fail to fulfill their obligations under other regulations than labour law (public health insurance, social security scheme).

An employer meeting any of the following articles, is deemed to be unreliable:

  1. The employer is not debt-free

An employer is deemed to be a debt-free entity only if there are no arrears registered with the financial administration, customs administration, social security scheme and health insurance premium due payments on the employer. An employer shall not be deemed to be in arrears if a delay in payment has been granted to him, or the payment of the arrears is scheduled by instalments.

  1. The employer was fined for enabling illegal work

An employer is deemed to be unreliable if, in the period of 4 months preceding the submission of an application for the issuance or extension of an employee card, a fine has been imposed on him for enabling illegal work.

  1. The employer does not carry out economic activity

An employer is deemed to be unreliable if there is no proven economic activity connected to the subject of business thereof, or if the Ministry of the Interior was not able to verify it.

  1. The employer did not fulfill the obligation to register foreigners for insurance premium payment

An employer is deemed to be unreliable if there has not been fulfilled the employer’s obligation to register the employees in social security or public health insurance scheme.

  1. The employer undergoes liquidation

The employer is deemed to be unreliable if undergoing a liquidation.

  1. Employer’s registered office is not real

An employer is deemed to be unreliable, if the seat registered in public registers is not real. The real registered office is a place where the major decisions relating to the business of the employer are taken, or the place where the management of the employer meets.

A legal entity or a natural person to whom a foreigner is temporarily assigned by an employment agency on the basis of an agreement concluded between the employment agency and the user (i.e. the employer to whom the foreigner is assigned by the employment agency), is also deemed to be an unreliable employer if any of the above articles are met.

The fact that the employer is unreliable is a reason for not issuing or not renewing the employment card.