Sending the foreigners on business trips

For many years there have been discussions if it is possible to send a foreigner who works on the grounds of a work permit, EU Blue card or Employee Card on a business trip. A foreigner who is sent on a business trip performs his work outside the place of performance of the work that is set in the work permit. This brought us to a question if sending a foreigner on a business trip means performance of work without permission.

 The possibility of sending a foreigner on a business trip was first inferred by the Supreme Administrative Court (for example in the decision of the Supreme Administrative Court as of 25.07.2013, reference number 9 As 48/2013), since 01.01.2015 is this possibility explicitly set in § 93 of Act No. 435/2004 Coll., on Employment.

The provision § 93 of the Act on Employment is based on the case law of the Supreme Administrative Court and allows an employer to send a foreigner working on the grounds of a work permit, EU Blue card or Employee Card on a business trip according to § 42 of the Labour Code. But the condition is that such sending has to correspond with the nature of the performed work that was set in the work permit, the EU Blue card or the Employee Card.