Information for service providers performing temporary services in the Republic of Croatia
Is there any limitations of the right of companies- service providers established in the Member State of the European Economic Area to post workers to the Republic Croatia in the context of the provision of services?
Regarding the provision of services, there is no national measures taken with a view to limit posting of workers by service providers established in any Member State of the European Economic Area, including companies from Austria (which has limited posting the workers from Croatia in certain sectors).
That means that posted workers who are EEA nationals and third-country nationals legally employed in the country in which the foreign employer is established, do not need a work permit, but if their work should last more than three months, they should register temporary stay for the purpose of work of a posted worker.
Temporary stay shall be granted to an alien who intends to stay or staying in the Republic of Croatia for the following purpose of the work of the posted worker (temporary stay permission) if:
- he proves the purpose of temporary stay,
- he holds a valid travel document;
- he has funds to support himself,
- he holds health insurance,
- he is not prohibited entry and stay in the Republic of Croatia,
- he is not considered to be a threat to public policy, national security or public health.
- minimum wage, including increased salaries for overtime ( salary paid to a posted worker during the period of posting may not be less than the Croatian minimum wage guaranteed at 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
- the conditions of hiring-out of workers, in particular the supply of workers by temporary employment undertaking.
- 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: