Work of third-country nationals

The Aliens Act lays down that third-country nationals may work in the Republic of Croatia based on a stay and work permit or a work registration certificate, unless provided for otherwise by the Act.

A stay and work permit is a single permit that allows third-country nationals to temporarily stay and work in the Republic of Croatia.

ATTENTION: Third-country nationals may work in the Republic of Croatia only on those jobs for which they have been granted a stay and work permit or a work registration certificate and only with those employers with which they have entered into employment.

Employers may employ third-country nationals only on those jobs for which they have been granted a stay and work permit or a work registration certificate.

Employers cannot employ third-country nationals staying in the Republic of Croatia illegally, nor can they make use of their work.

Misdemeanour provisions of the Aliens Act lay down fines and measures to be taken if the said rules are not complied with (Article 247-254 of the Aliens Act (Official Gazette No 133/20, 114/22, 151/22).
 

• a stay and work permit,
• a work registration certificate (work registration certificate with a validity of up to 90 days or work registration certificate with a validity of up to 30 days in a calendar year - Articles 140-144 of the Aliens Act), or
• without a stay and work permit or a work registration certificate (the above category of third-country nationals)  

MISDEMEANOUR SANCTIONS

Article 247

(1) A fine in an amount ranging from 9.290,00 to 19.900,00 EUR shall be imposed for each third-country national on the employer – legal person employing or benefiting from the work of a third-country national staying illegally in the Republic of Croatia (Article 88, paragraph 5).

(2) A fine in an amount ranging from 6.630,00 to 13.270,00 EUR shall be imposed for each third-country national on the employer – legal person that has entered into an employment relationship with a third-country national or is benefiting from his work if:

1. he employs or is benefiting from the work of a third-country national who does not have a stay and work permit or a work registration certificate (Article 88, paragraph 1)

2. he employs a third-country national to perform activities for which he has not been issued with a stay and work permit or a work registration certificate (Article 88, paragraph 4).

(3) A fine in an amount ranging from 6.630,00 to 13.270,00 EUR shall be imposed on the employer – legal person if he fails to provide all data or allow access to closed or fenced off premises and business facilities (Article 242).

(4) A responsible person in a legal person shall be fined in an amount ranging from 2.650,00 to 9.290,00 EUR for misdemeanour offences referred to in paragraph 1 of this Article.

(5) A responsible person in a legal person shall be fined in an amount ranging from 1.320,00 to 6.630,00 EUR for misdemeanour offences referred to in paragraphs 2 and 3 of this Article.

(6) A fine in an amount ranging from 1.320,00 to 3.980,00 EUR shall be imposed for each third-country national on the employer – natural person employing or benefiting from the work of a third-country national staying illegally in the Republic of Croatia (Article 88, paragraph 5).

(7) An employer – natural person shall be fined for each third-country national in an amount ranging from 1.320,00 to 1.990,00 EUR for misdemeanour offences referred to in paragraph 2 of this Article.

(8) A fine in an amount ranging from 1.320,00 to 1.990,00 EUR shall be imposed on the employer – natural person if he fails to provide all data or allow access to closed or fenced off premises and business facilities (Article 242).

Article 251

(1) A fine in an amount ranging from 660,00 to 920,00 EUR shall be imposed on an employer – legal person for a misdemeanour offence if he:

1. has failed to notify a police administration or a police station within the prescribed time limit of the termination of the contract of employment or of the fact that other conditions on the basis of which the stay and work permit was issued have ceased to exist (Article 95)

2. fails to notify a police administration or a police station of the change of accommodation within the prescribed time limit (Article 104, paragraph 9)

3. has failed to notify a police administration or a police station within the prescribed time limit that the conditions on the basis of which the stay and work permit for intra-corporate transfer was issued have ceased to exist (Article 117, paragraph 2)

4. has failed to notify a police administration or a police station within the prescribed time limit that the conditions on the basis of which the stay and work permit for long-term mobility was issued have ceased to exist (Article 120, paragraph 6)

5. has failed to notify a police administration or a police station within the prescribed time limit of the termination of the contract of employment or of the fact that other conditions on the basis of which the stay and work permit - EU Blue Card was issued have ceased to exist (Article 128, paragraph 3)

6. has failed to notify a police administration or a police station within the prescribed time limit that a worker has been posted to work in a place other than his permanent or temporary residence in the Republic of Croatia in the duration of more than 90 days (Article 178, paragraph 4)

7. has failed to notify a police administration or a police station within the prescribed time limit that a worker has been posted to work in another EEA Member State (Article 178, paragraph 5).

(2) A responsible person in a legal person shall be fined in an amount ranging from 60,00 to 390,00 EUR for misdemeanour offences referred to in paragraph 1 of this Article.

(3) A fine in an amount ranging from 60,00 to 390,00 EUR shall be imposed on an employer – natural person for a misdemeanour offence if he:

1. has failed to notify a police administration or a police station within the prescribed time limit of the termination of the contract of employment or of the fact that other conditions on the basis of which the stay and work permit was issued have ceased to exist (Article 95)

2. fails to notify a police administration or a police station of the change of accommodation within the prescribed time limit (Article 104, paragraph 9)

3. has failed to notify a police administration or a police station within the prescribed time limit that the conditions on the basis of which the stay and work permit for intra-corporate transfer was issued have ceased to exist (Article 117, paragraph 2)

4. has failed to notify a police administration or a police station within the prescribed time limit that the conditions on the basis of which the stay and work permit for long-term mobility was issued have ceased to exist (Article 120, paragraph 6)

5. has failed to notify a police administration or a police station within the prescribed time limit of the termination of the contract of employment or of the fact that other conditions on the basis of which the stay and work permit - EU Blue Card was issued have ceased to exist (Article 128, paragraph 3)

6. has failed to notify a police administration or a police station within the prescribed time limit that a worker has been posted to work in a place other than his permanent or temporary residence in the Republic of Croatia in the duration of more than 90 days (Article 178, paragraph 4)

7. has failed to notify a police administration or a police station within the prescribed time limit that a worker has been posted to work in another EEA Member State (Article 178, paragraph 5).


STAY AND WORK PERMIT EXPIRY

A stay and work permit expires if:
 

1. the conditions are met for withdrawing the temporary stay permit ( Article 87, paragraph 1 of the Aliens Act,
2. the conditions on the basis of which it was issued no longer exist,
3. a third-country national performs activities for which he/she has not been granted a stay and work permit,
4. a third-country national works for the employer for which he/she has not been granted a stay and work permit,
5. a third-country national or the employer fail to comply with labour, health and pension insurance regulations and other regulations that need to be complied with when performing the relevant activities,
6. the employer no longer meets the conditions to be issued with a positive opinion of the Croatian Employment Service (Article 99, paragraph 1 of the Aliens Act),
7. it is established upon inquiring with the Tax Administration or checking the Central Registry of Affiliates that the employer has not been paying salaries and/or contributions,
8. the employer or the third-country national submitted a proposal for the withdrawal of the permit,
9. the employer has been sanctioned for undeclared work and/or illegal employment.

TEMPORARY STAY EXPIRY

Pursuant to Article 87 of the Aliens Act, temporary stay of a third-country national expires if:
 

1. the conditions for granting temporary stay cease to exist,
2. he has been forbidden to enter into the Republic of Croatia and stay in the Republic of Croatia, or if an alert has been issued in SIS for the purpose of forbidding his entry,
3. he fails to register his temporary residence with a police administration or a police station within 30 days from having been granted temporary stay or issued with a long-term visa,
4. he cancels his temporary residence in the Republic of Croatia upon his own request,
5. he stays abroad for a total of more than 90 days on multiple occasions or more than 30 days on a single occasion since the day he was granted temporary stay in the duration of up to one year,
6. he stays abroad for a total of more than 180 days on multiple occasions or more than 60 days on a single occasion since the day he was granted temporary stay in the duration of up to two years,
7. he has been staying in the Republic of Croatia contrary to the purpose of his temporary stay permit.

A third-country national may work in the Republic of Croatia without a stay and work permit or a work registration certificate if he has been granted:
 

1. temporary stay for the purpose of family reunification with a Croatian citizen, third-country national who has been granted long-term residence, permanent stay, asylum or subsidiary protection in line with the legislation governing international protection,
2. temporary stay for the purpose of life partnership with a Croatian citizen, third-country national who has been granted long-term residence, permanent stay, asylum or subsidiary protection in line with the legislation governing international protection,
3. temporary stay for the purpose of family reunification or life partnership with a third-country national who has been issued with an EU Blue Card or a stay and work permit as an intra-corporate transferee,
4. temporary stay for the purpose of family reunification or life partnership with a third-country national who has been granted long-term residence in another EEA Member State,
5. temporary stay on humanitarian grounds,
6. autonomous stay,
7. temporary stay as a posted worker,
8. temporary stay for the purpose of research referred to in Article 74 of the Aliens Act,
9. temporary stay for the purpose of family reunification or life partnership with the researcher referred to in Article 74 of the Aliens Act,
10. temporary stay for the purpose of university studies, if he is employed or self-employed for no more than 20 hours a week, unless the student internship is an integral part of the study programme,
11. the status of a full-time pupil when he performs work through authorised agents, without entering into an employment relationship, for no more than 20 hours a week,
12. temporary stay as a person with long-term residence in another EEA Member State,
13. asylum or subsidiary protection, or if he is an applicant for international protection in line with the legislation governing international protection,
14. long-term residence,
15. permanent stay.

Administrative fee: The amount of 74,32 EUR has to be paid for granted stay and work permit and 31,85 EUR for the production of a biometric residence permit (59,73 EUR  for accelerated procedure). Both amounts have to be paid with a payment slip (separately) to the state budget account, IBAN code of which is obtained at the competent police administration/police station. An additional administrative fee in the amount of 9,29 EUR has to be paid for the issuance of a biometric residence permit either to the IBAN code of the state budget or in revenue stamps.

WORK REGISTRATION CERTIFICATE
 
The Ministry may issue a work registration certificate, through a police administration or a police station, to a third-country national for performing contracted work in the territory of the Republic of Croatia over a short period of time.
A work registration certificate for performing contracted work may be issued for up to 90 or 30 days in a calendar year.
 
Work registration certificate for up to 90 days
 
The following categories of third-country nationals may work for up to 90 days in a calendar year on the basis of a work registration certificate:

1. tourist agents and recreation workers in line with the legislation governing the provision of services in tourism
2. tourist agents from foreign tourist agencies arriving pursuant to an agreement on the provision of services concluded with a tourist agency in the Republic of Croatia
3. scientists undergoing scientific and professional development, scientists – representatives of international organisations and scientists who are to participate in scientific projects important for the Republic of Croatia
4. administrative staff, experts, teachers and lecturers from foreign cultural, educational and scientific establishments who perform their tasks in the Republic of Croatia as part of cultural and educational cooperation programmes, as well as administrative staff, experts, teachers and lecturers from foreign cultural, educational and scientific establishments with branch offices in the Republic of Croatia, provided that they are coming from their parent institution
5. foreign correspondents, accredited in the Republic of Croatia, or foreign media reporters
6. those who carry out supervision and inspection of overhaul and shipbuilding, or supervision or inspection of production, assembly of equipment, machinery and other plants based on an export contract or order by a foreign buyer in the area of shipbuilding
7. for the purpose of working on vessels and those who are on the crew list
8. lecturers participating at organised conferences and seminars
9. artists and technical staff participating in opera, ballet, theatre, concert, visual arts and other cultural events, and authors and performers in film and television industry
10. experts in cultural heritage protection, library science and archival science
11. artists, authors, technical and other staff participating in the making of high-budget films
12. other indispensable persons, apart from intra-corporate transferees, and business visitors as defined by the Protocol of Accession of the Republic of Croatia to the Marrakesh Agreement establishing the World Trade Organisation
13. for the purpose of implementing international treaties.
 
Work registration certificate for up to 30 days

The following categories of third-country nationals may work for up to 30 days in a calendar year on the basis of a work registration certificate:

1. those who carry out professional training, development or education of persons employed with legal and natural persons in the Republic of Croatia
2. those employed with a foreign employer who is a producer of machinery or equipment and who are arriving for the purpose of their delivery, assembly or service, and their work is a condition for exercising warranty rights
3. natural persons and those employed with legal persons from third countries registered for performing undertaking services in line with the legislation governing undertaking activities
4. those participating at fairs or exhibitions where their employer is an exhibitor
5. employees in circuses or amusement parks
6. those participating in shooting of fashion editorials or advertising campaigns
7. accompanying reporting, organisational and technical staff at sports events and competitions
8. authors and performers in musical, stage and dancing arts, as well as the accompanying reporting, organisational and technical staff
9. those attending professional training in a company linked to a foreign employer
10. providers of auditing and consulting services.
 
Competence for issuing a work registration certificate

A third-country national, legal or natural person who will be using the services or work of the third-country national shall submit an application for the issuance of a work registration certificate at the competent police administration or police station according to the location where the activities will be performed or the head office of the legal or natural person, prior to commencing any work.
 
Issuing a work registration certificate

When submitting a written application for the issuance of a work registration certificate, a third-country national or a legal or natural person who will be using the services or work of a third-country national has to enclose the following:

1. relevant contract concluded
2. valid foreign travel document of the third-country national.
 
Right to work on the basis of an issued work registration certificate

A third-country national may work for the same employer or service user throughout the territory of the Republic of Croatia on the basis of an issued work registration certificate and he does not have to obtain a stay and work permit.
 
Administrative fee: The amount of 39,82 EUR has to be paid for granted work registration certificate.