HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

residence information, fees, legal redress etc. 15 In reality, much of this information is already in the Czech Republic easily accessible and available at the website of the Czech Ministry of Foreign Affairs 16 and now newly an even more extensive FRS.GOV. CZ 17 , a government website for foreigners. There is a comprehensive explanation, especially regarding information about the application, place of submission and all the necessary documentation, including fees etc., but also it includes most of the information which is now required by the directive – information on obligations, procedure, and even an extensive explanation of the legal redress 18 , however some information seems to be missing and will have to be added. This includes information about the rights of the third country nationals with the permit and information about the workers’ organizations which seem not to be present. One of the most important changes brought by the Single Permit Directive II are situations under which the member states are not allowed to withdraw the single permit. First being, the change of an employer as the member states are mandated to allow the single permit holder to change an employer. 19 The member states can condition this change by either requiring a notification of the competent authority, requiring a check of labor market situation or requiring a minimum period to work for the first employer. 20 There is a limit for this minimum period – the length of the contract and in any case maximum of 6 months. However, even in these cases, a change of an employer should be allowed in case of substantial breach of the contract by the employer. 21 As to the current situation in Czech national law, this is already possible, however there are certain limits to changing the employer – for example, it’s not possible if the future employer were to be a labor agency or if the permit would have been obtained under a certain, specific government approved program. 22 This condition appears to be inconsistent with the recent changes, as it does not align with any of the criteria for changing employers outlined above and may need to be revised accordingly. Besides that, the national law also stipulates some conditions for the change, which seem to align with the ones in the newly recast directive. Under 15 Article 9 and Recital 26, 2024/1233/EU. 16 Ministry Of Foreign Affairs Of The Czech Republic. Employee Card. [online]. [cit. 2024-08-15]. Available at: https://mzv.gov.cz/jnp/en/information_for_aliens/long_stay_visa/employment_card.html. The employment card leaflet: https://mzv.gov.cz/file/1195869/Zamestnanecka_karta_letak_cestina_2.pdf. 17 Ministry Of Interior Of The Czech Republic. Employee Card. [online]. [cit. 2024-08-15]. Available at: https://frs.gov.cz/en/visa-and-residence-permit-types/third-country-nationals/long-term-residence permits/employee-card/. 18 Ministry Of Interior Of The Czech Republic. Appeal [online]. [cit. 2024-08-15]. Available at: https:// frs.gohttps://frs.gov.cz/en/administrative-proceedings/appeal/v.cz/en/visa-and-residence-permit-types/ third-country-nationals/long-term-residence-permits/employee-card/. 19 Article 11, paragraph 2, 2024/1233/EU. 20 Article 11, paragraph 3, 2024/1233/EU. 21 Article 11, paragraph 4, 2024/1233/EU. 22 Act No. 326/1999 Sb., on the Residence of Foreign Nationals in the Territory of the Czech Republic and on the Amendment of Certain Laws., § 42 g, subsection no. 7, sentence no. 3.

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