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).
 
Pursuant to the provisions of the Aliens Act, third-country nationals may stay and work in the Republic of Croatia on the basis of:
 
  • 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)  
 
Stay and work permits based on the labour market test and the opinion of the Croatian Employment Service
 
In order to employ third-country nationals, employers have to request a labour market test and the opinion of the Croatian Employment Service.
 
 
Stay and work permits without the labour market test, but with the opinion of the Croatian Employment Service
 
The Management Board of the Croatian Employment Service will issue a decision on high demand professions which will be published on the website of the Croatian Employment Service. No labour market test is required for those professions.
 
Stay and work permits without the labour market test and without the opinion of the Croatian Employment Service
 
- in case the validity of a stay and work permit is extended for the same employer and the same third-country national
 
- seasonal employment in agriculture, forestry, hospitality industry and tourism for up to 90 days in a calendar year
 
- a stay and work permit is issued pursuant to Article 110 of the Aliens Act (e.g. key personnel in companies, self-employment in a company/sole trade in which they hold an ownership share of at least 51%, EU Blue Card, intra-corporate transferees, service providers, volunteers, trainees, crew members, etc.).
 

MISDEMEANOUR SANCTIONS

Article 247

(1) A fine in an amount ranging from HRK 70,000.00 to 150,000.00 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 HRK 50,000.00 to 100,000.00 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 HRK 50,000.00 to 100,000.00 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 HRK 20,000.00 to 70,000.00 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 HRK 10,000.00 to 50,000.00 for misdemeanour offences referred to in paragraphs 2 and 3 of this Article.

(6) A fine in an amount ranging from HRK 10,000.00 to 30,000.00 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 HRK 10,000.00 to 15,000.00 for misdemeanour offences referred to in paragraph 2 of this Article.

(8) A fine in an amount ranging from HRK 10,000.00 to 15,000.00 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 HRK 5,000.00 to HRK 7,000.00 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 HRK 500.00 to 3,000.00 for misdemeanour offences referred to in paragraph 1 of this Article.

(3) A fine in an amount ranging from HRK 500.00 to 3,000.00 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.