If workers (foreigners) conduct their main activity in a member state of the employer’s main office, and at the same time do not wish to enter the Czech labour market, they have the option of the so called temporary work assignment permit for the purposes of carrying out the contract. In such cases, these foreign workers do not need to have a work permit, employee card, or Blue card issued in the Czech Republic and can conduct their work on the basis of, for example, a permit issued in another member state. 

These issues have been recently discussed by the Supreme Administrative Court. The case was of a foreigner who conducted work on the premises of a limited liability company in the Czech Republic. He did not have a permit to work in the CR and for these reasons was expelled from the country. The core of the case was the question of whether in this case it is an employee assigned by an employer from another member state on a temporary assignment in the CR, or not. The regional court stated that in order for it to be a temporary assignment the employee must be subordinate to an employer in another member state, who would (besides other things) give the worker assignments or supervise the conducted work. The employee would act in the name of the employer from another member state using their work tools. However, the work conducted by this employee in this case did not meet these conditions. The regional court further stated that the verdict was not changed by the formally signed contracts between the involved companies either. 

The Supreme Administrative Court agreed with the verdict of the regional court and denied the appeal in cassation. They also stated that a work visa issued by another member state is not sufficient for the pursuit of employment in the Czech Republic (a different member state). Further, the SAC stated that work permits are not necessary for temporary work assignments for the purposes of carrying out the contract, providing that employees conduct their main activity in the member state where the employer’s main office is. However, this is under the condition that the foreigners return to the other member state after their work is finished and do not attempt to enter the Czech labour market. However, this temporary assignment institute does not include cases of agency workers (which was the case of the sending company in the dispute mentioned).