• Insights

Clarifying Amendment of the Czech-Japanese Social Security Agreement Will Improve Business Relations

December 10, 2018

Zuzana Hero

Countries / Territories

  • Czech RepublicCzech Republic
  • GermanyGermany
  • JapanJapan

Related offices

  • Frankfurt

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Frankfurt

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Frankfurt

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

For many years, Japan has invested heavily in the production of automobiles and electronics in the Czech Republic. According to the Czech Ministry of Industry and Trade in 2017, Japan was the second largest foreign investor in the Czech Republic, with investments in over 250 Japanese companies amounting to U.S. $3.7 billion. 

The strong trade relations between the two countries involve frequent temporary assignments of Japanese workers to the Czech Republic. In the past, in the absence of any agreement in the area of social security, Japanese assignees were often obliged to pay Czech social security contributions for the duration of their stay, while often continuing payments to the Japanese social security system (and vice versa the Czech assignees to Japan). This was in keeping with the usual basic rule of social security (lex loci laboris), whereby workers are subject to the social security legislation in the country where the work activity is physically performed.

The absence of any social security agreement resulted in administrative and financial burden for the posting entities and was a source of frustration for businesses frequently assigning their employees between the two countries.

Czech-Japanese Social Security Totalization Agreement

The unfavorable double insurance situation, where the employee contribution of Czech social security is also borne by the employer, was to a large extent rectified in 2008, when Japan and the Czech Republic signed a bilateral social security “totalization agreement” regulating the applicability of legal social security regulations in the respective countries, which covered pension insurance, resulting benefits/payments and, partially, health insurance. This agreement allowed Japanese employees temporarily working in the Czech Republic—if the appropriate certificate of coverage was issued by the relevant local social security authority—to remain insured in the Japanese social security system and avoid double social security payments into the Czech system.

However, even with the bilateral social security totalization agreement in place, one inconvenient issue remained: the condition of having to maintain a Japanese employment contract. This condition was in place to satisfy the criterion of maintaining close links with the Japanese employer throughout the assignment and assure the temporary nature of the stay abroad, but it sometimes clashed with the immigration approach.

For example, it is comparatively less administratively demanding to obtain a Blue Card type work permit, which requires a local (Czech) employment contract. Thus, the Japanese employees sent to work in the Czech Republic often concluded local employment contracts with the Czech subsidiary of the parent company after their Japanese contract was suspended.

In such a case, when the Japanese employment contract was suspended, and the local Czech employment contract concluded for the period of the assignment—even if the work under the Czech contract was carried out under the direction of the Japanese parent entity—local Czech social security contributions were due by both the Czech employer and the Japanese assignees. The fact that the employment was meant to be temporary did not play a role in establishing the local Czech social security system liability. In other words, the standard assignment or detachment exception could not be applied, since the conditions for temporary “detachment” were not satisfied if a local contract was concluded.

The only option Japanese assignees had, in this instance, was to try to obtain a special exemption via an administratively cumbersome and often lengthy bureaucratic process with no guarantee of success.

Clarifying Amendment of the Czech-Japanese Social Security Totalization Agreement

Both parties recently agreed on a Protocol to the totalization agreement that clarifies the definition of the category of a temporarily assigned worker. As of August 2018, Japanese workers who conclude a local Czech contract are to be considered temporarily assigned workers if they remain under the direction of the home country entity and will thus remain insured in the Japanese social security system only throughout the duration of their work stay in the Czech Republic. This must be certified by the duly issued certificate of coverage. The same rules apply reversely for Czech workers assigned to work in Japan under similar conditions.

Mutual Agreement Bringing Clarity

This clarification brings important certainty and clarity in the application of social security rules, and will undoubtedly have a positive impact on the quality of mutual trade relations between the Czech Republic and Japan.

In general, bringing clarity into any area of inter-state cooperation—not only when it comes to social security rules—undeniably always contributes to improved business relations.

For any further questions, please contact Zuzana Jasenovcova at [email protected].

 

Countries / Territories

  • Czech RepublicCzech Republic
  • GermanyGermany
  • JapanJapan

Related offices

  • Frankfurt

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Frankfurt

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Frankfurt

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 21, 2026 | AustraliaAustralia: Character Considerations for Visa Decisions Strengthened
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
October 22, 2026 | NetherlandsNetherlands: New Measures for Addressing Notification Non-Compliance
October 22, 2026 | United StatesUnited States: November 2026 Visa Bulletin – Employment-Based Final Action Dates Advance and Dates for Filing Hold Steady for Most Countries; USCIS to Honor Dates for Filing for Employment-Based Categories
October 22, 2026 | 🌐Worldwide: Temporary Government Website Outages Result from Fixes for Internet Security Vulnerability Issue
October 21, 2026 | AustraliaAustralia: Character Considerations for Visa Decisions Strengthened
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
October 22, 2026 | NetherlandsNetherlands: New Measures for Addressing Notification Non-Compliance
October 22, 2026 | United StatesUnited States: November 2026 Visa Bulletin – Employment-Based Final Action Dates Advance and Dates for Filing Hold Steady for Most Countries; USCIS to Honor Dates for Filing for Employment-Based Categories
October 22, 2026 | 🌐Worldwide: Temporary Government Website Outages Result from Fixes for Internet Security Vulnerability Issue
October 21, 2026 | AustraliaAustralia: Character Considerations for Visa Decisions Strengthened
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.