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Martina Šumavská | April 5, 2022

Ombudsman's recommendations on the treatment of EU workers

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Last year, the Ombudsman dealt with research on the topic of EU citizens in the Czech Republic, the results of which were published in November 2021 together with the Ombudsman’s recommendations in response to them. The survey found that nearly one third (31%) of European Union (“EU”) citizens working in the Czech Republic (“CR”) participating in the research felt discriminated against in their working lives because of their citizenship or nationality. EU citizens feel discriminated against in the areas of pay, job allocation and job search most frequently. Disadvantage in employment is significantly higher among lower-skilled employees and employees working for employment agencies. 

The research also pointed out that the level of discrimination is linked to the level of knowledge of the Czech language. EU citizens, who speak fluent Czech, were less likely to experience discrimination in their working lives, even in cases, where knowledge of the Czech language was not a prerequisite for the job.

Based on the above findings, the Ombudsman issued recommendations responding to the identified deficiencies. The recommendations are divided into three areas: labour and employment recommendations, public administration recommendations and education, housing and integration recommendations.

Recommendations for work and employment

The Public Defender of Rights recommends, among other things, publishing comprehensible and up-to-date information on the rights and obligations of employees in Czech as well as in foreign languages, especially English. This information should be published primarily on the website of the State Labour Inspection Office. The scope of information published by the office in English should be expanded and the language used should be simplified and supplemented with, for example, graphics.

Furthermore, the Ombudsman recommends continuing regular checks on the illegal employment of foreigners – EU citizens, especially due to the vulnerable situation of employees, who are working in the Czech Republic illegally. Such workers face high levels of insecurity, fear of being prosecuted for illegal work and difficulty in enforcing their rights against their employer. 
Labour inspection authorities should also continue to inspect employment agencies that employ EU citizens, not only in relation to the specific obligations of the employment agency towards its employees, but also in relation to other obligations of the employment agency as an employer.

In the area of labour and employment, the Ombudsman also recommends focusing on inspections of equal treatment of foreign employees – EU citizens, considering the introduction of a mechanism for the out-of-court settlement of labour disputes and cooperation with EU embassies on informing foreign employees.

Recommendations on public administration

In this area, the Public Defender of Rights recommends maintaining the websites of authorities, local self-government units and other bodies or institutions in English, strengthening the language skills of officials, who deal with foreigners, and enabling communication of administrative authorities in a foreign language. The Public Defender of Rights recommends that the linguistic competencies of staff who come into contact with foreigners – EU citizens – be strengthened, particularly at the offices of the Asylum and Migration Policy Department of the Ministry of the Interior, the Foreign Police, the Czech Labour Office and the Czech Social Security Administration. 

Recommendations on education, housing and integration

In this area, the Ombudsman recommends supporting the activities of integration centres or regional or municipal centres for foreigners that provide counselling and assistance to foreigners, as well as non-profit organisations, supporting the education of pupils with different mother tongues, focusing on the availability of municipal housing for EU citizens, supporting Czech language courses for foreigners, and supporting the integration of foreigners – EU citizens on the local level.

Conclusion

The above recommendations, which were formulated by the Ombudsman following extensive research among EU citizens living in the Czech Republic, aim primarily at ensuring that these citizens receive the same treatment as Czech citizens. According to the research, the area of work and employment appears to be the most problematic, and most of the recommendations therefore aim at this area. If these recommendations will be translated into practice is, however, remains a question, for the time being.

Author: Martina Šumavská, Lucie Stržínková