Information for workers posted to work in the Republic of Croatia
In Croatia an employee (worker) is a natural person who, as part of his or her employment, carries out certain tasks for the employer.
A posting is when your employer (service provider) in the framework of transnational provision of services, assigns you for a limited period of time to work in the Republic of Croatia.
When you will be considered to be a posted worker?
When you are posted by a foreign employer (a natural or legal person established in Member State of the European Economic Area, other than Croatia) to carry out work for a limited period of time in the Republic of Croatia, which is not a state in which you usually work.
But it should be noted that according to the case law of the Court of Justice of the European Communities, the temporary nature of an activity carried out on the territory of a Member State in the context of free provision of services can not be determined abstractly, but should be judged on a case by case basis, depending on the duration and frequency and whether it is periodic or continious.
What is considered to be a posting situation under the Croatian law?
When your employer for a limited time period:
- posts you to the Republic of Croatia for its account and under its guidance, based on a contract concluded between your employer assigning him to such work and the service user doing business in the Republic of Croatia, provided there is an employment relationship between your employer and you during the period of posting (performing a service provision contract), or
- posts you to the Republic of Croatia to an establishment or to an company owned by the same group to which belongs your employer, provided there is an employment relationship between your employer and you during the period of posting (intra –group mobility), or
- posts you as a temporary employment agency to a user established or doing business in the Republic of Croatia, provided there is an employment relationship between the temporary employment agency and the you during the period of posting.
- A posted worker must be employed in due form and must have the work contract with the employer-service provider during the period of posting.
- A posted worker who are third –country national, additionally must be legally employed, that is must hold a work permit and residence permit in the state where his/her employer is established.
- minimum wage, including increased salaries for overtime, (meaning that during the period of posting your salary may not be less than the Croatian minimum wage at the the level of the rights laid down by legal regulations of the Republic of Croatia, that is, collective agreements which have been declared universally applicable to all employers and workers in a specific area, branch or activity, under a special regulation),
- the prescribed maximum duration of working hours and the minimum duration of rest,
- minimum duration of paid annual leave (you are entitled to holidays),
- health and safety at work,
- protective measures for work of pregnant women, women who have recently given birth or are breastfeeding and minors,
- rules prohibiting discrimination and for protection and promotion of gender equality.
- a copy of the submitted posting declaration and any subsequent amendments thereto,
- a list of all posted workers employed in executing a contract between a contractor and a subcontractor,
- for each individual posted worker: worker's identification number, date of birth, job description, citizenship, date of commencement and completion of posting, place or places of providing services/building site, regular working time, including overtime hours, and gross monthly wage,
- the written guarantee of the subcontractor that he will pay the posted worker guaranteed wage within due date and in the amount due to him/her during the posting,
- for the duration of the contract between the contractor and the subcontractor:
- (for example, salary of the posted worker may not be less than the Croatian minimum wage at the the level of the rights laid down by legal regulations of the Republic of Croatia, that is, collective agreements which have been declared universally applicable to all employers and workers in a specific area, branch or activity, under a special regulation)
- Do posted workers need a work permit ?
- Is my employer obliged to submit a posting declaration before the commencement of posting and to which authority?
- With regard to social security
- With regard to health care
- Administrative requirements
- With regard to tax
- posts him to the Republic of Croatia for its account and under its guidance, based on a contract concluded between the foreign employer assigning him to such work and the service user doing business in
- posts him to the Republic of Croatia to an establishment or to an company owned by the same group to which belongs the foreign employer, provided there is an employment relationship between the foreign employer and the worker during the period of posting or
- posts him as a temporary employment agency to a user established or doing business in the Republic of Croatia, provided there is an employment relationship between the temporary employment agency and the worker during the period of posting.
- the prescribed maximum duration of working hours and the minimum duration of rest,
- the minimum duration of paid annual leave
- the minimum salary, including increased salaries for overtime,
- health and safety at work,
- protective measures for work of pregnant women, women who have recently given birth or are breastfeeding and minors,
- prohibition of discrimination
- the name and registered office, that is, the name and surname, address of the foreign employer and contact details, such as telephone and telefax numbers, and electronic mail address,
- the name and surname of the posted worker and information on the state in which the worker habitually works,
- commencement and the foreseen duration of posting,
- the name and seat or the name and surname, address of the beneficiary, the place of providing services and a short description of the service,
- information on the date of issuing, the term of validity, the number and the competent body that issued the valid stay and work permit of the posted worker referred to in Article 86, paragraph 4 of this Act (a third-country national) according to the regulations to the state in which the foreign employer is established.
- family reunification, 2. secondary school education and university studies, 3. scientific research, 4. humanitarian grounds, 5. work,
- work of the posted worker.
- Minimum Wage Act
- Regulation on the Minimum Wage (adopted annualy for a particular year)
- Labour Act (Part 11. Salary and salary compensation, Art 90-97)
- generally binding agreement in the construction sector
- Minimum wage determined by the law
- Collective agreements declared universally applicable to all employers and workers in sector
- Health and safety and hygiene at work (Article 3(1)(e) of the Directive)
- Rules concerning working conditions of pregnant women, women who have recently given birth or are breastfeeding and minors
- Equality of men and women and non – discrimination
- the Anti- discrimination Act (Official Gazette No 85/2008, 112/2012) / Zakon o suzbijanju diskriminacije„Narodne novine“ broj 85/2008 i 112/2012)
- the Gender Equality Act (Official Gazette No 82/2008) / Zakon o ravnopravnosti spolova („Narodne novine“ broj 82/2008)