Recruit
The Czech Republic applies the GDPR alongside a Labour Code provision that directly restricts what an employer may ask a candidate. That provision is the reason blanket screening policies do not travel well here.
The Labour Code limit
An employer may only require information that is directly related to the conclusion of the employment contract and to the work itself. Questions about pregnancy, family circumstances, criminal record beyond what the role justifies, political or religious views, trade union membership, and sexual orientation are outside that boundary. This is a statutory restriction, not guidance, so a general request for a criminal record extract is not safe.
Criminal record checks
The document is the vypis z rejstriku trestu, obtainable by the individual through Czech Point offices, the Ministry of Justice, or the state’s online services. It is provided to the employer rather than obtained by them. A check is justified where the nature of the work requires integrity, which covers banking and finance, private security, education, healthcare, public administration, and roles involving children or significant assets.
Data protection
The GDPR applies alongside Czech implementing law, supervised by the Office for Personal Data Protection. Criminal conviction data attracts additional protection. Consent is treated as a weak basis in employment because of the imbalance between the parties, so rely on necessity for the role, collect the minimum, and delete unsuccessful candidates’ data once the process closes.
Medical checks
A pre-employment occupational health assessment is required for many categories of work and is arranged through the employer’s occupational health provider. The output confirms fitness for the role rather than disclosing medical detail.
Practical guidance
Decide role by role whether an extract is justified and record the reason. An employer of record can manage this if you have no Czech entity.
