- * See text: Posting of workers to EU/EEA
Member State Third-country nationals are persons who are not nationals of a Member State of the European Union (EU), of the European Economic Area (EEA) or Switzerland .
Work of third-country nationals in the Republic of Croatia as posted workers
- Posting of workers who are third-country nationals by an employer established outside the EU/EEA
Third-country nationals whose employer is established in a third country (outside the EU/EEA) and who are sent to the Republic of Croatia as service providers on the basis of a multilateral or bilateral international agreement binding on the Republic of Croatia are obliged to submit to the competent police administration or police station an application for a residence and work permit without a labour market test and the opinion of the Croatian Employment Service pursuant to Article 110, item 14 of the Foreigners Act.
2. Posting of workers who are third-country nationals employed by a service provider / employer established in EU/EEA Member State
Third-country nationals whose employer is established in an EU/EEA Member State, provided that they are legally employed in that State (have a regulated residence and employment status in accordance with that country’s legislation) and whose employer temporarily provides cross-border services and posts the workers to work in the Republic of Croatia for up to 90 days, do not need to regulate temporary stay for the purpose of work of the posted worker, but to register a short-term stay.
If the work or services of the posted worker lasts longer than 90 days, the third-country national must arrange temporary residence for the purpose of the posted worker’s work in accordance with Article 57 (1) (8) of the Foreigners Act. In case of secondment longer than 3 months, he or she is obliged to register a temporary residence for the purpose of work in accordance with the provisions of the Act on EEA Nationals and Members of Their Families.
Obligation of submitting the prior posting declaration
Every service provider (employer) who posts workers to the Republic of Croatia must submit a posting declaration before posting its workers to the Republic of Croatia, by electronic means, to the following e-mail address: postingdeclaration.inspektorat@mrms.hr
The declaration must be filed no later than the commencement of work or provision of services in the Republic of Croatia.
The foreign employer is obliged to report any change of data in the posting declaration, at the latest within 3 days of the date of such change.
More information and declaration form
Stay of third-country nationals in the Republic of Croatia
Third-country nationals must, as a rule, immediately report a temporary stay (including a short stay of up to 90 days) at the relevant police authorities / police stations, within two days of entry into the country.
An exception, third-country nationals are exempt from the obligation to register their short-term stay to the the relevant police authorities / police stations (Article 11 of the Act on EEA Nationals and Members of Their Families).
Conditions for granting temporary residence or residence and work permits to third-country nationals are prescribed by the provisions of the Foreigners Act, and for applying for temporary residence for purpose of work and permanent residence to citizens of EEA Member States are prescribed by the provisions of the Act on EEA Nationals and Members of Their Families.
More detailed information on the possibilities of regulating the residence and work of third-country nationals as well as all prescribed forms for issuing temporary residence or residence and work permits can be found on the website of the Ministry of the Interior.
Social insurance of third-country nationals who are posted to work in the Republic of Croatia by an employer established outside the EU/EGP
The Republic of Croatia applies agreements on social insurance with the following countries:
–Australia
–Bosnia and Herzegovina
– Montenegro
– Canada
– Canadian Province of Québec
– Macedonia
– Republic of Korea
– Serbia (FR Yugoslavia)
– Turkey
International agreements contain, inter alia, provisions on terms and deadlines for posting, and administrative agreements for agreement application define the authorities responsible for issuing certificates confirming that the Croatian social security legislation continues to apply to a person. The Croatian Pension Insurance Institute is responsible for issuing certificates in case of application of the agreements on social insurance concluded with Australia, Canada and Quebec, and the Croatian Health Insurance Fund is responsible in case of agreements concluded with Bosnia and Herzegovina, Montenegro, Macedonia, Serbia and Turkey.
In cases where an agreement on social insurance has not been concluded with the country where the worker is being posted, the national legislation of the country to which the worker is being posted regulates the possibilities and conditions of such posting and whether there is an obligation of compulsory contribution for compulsory insurance in that State or the worker may remain within the insurance of the State which posted him or her to work abroad.
Useful links
- Foreginers Act (Official Gazette, no. 133/20)
- Act on EEA Nationals and Members of Their Families (Official Gazette, no. 66/19, 53/20 and 144/20)
- Act on cross-border enforcement of fines in the field of posting workers
- Labour Act (Official Gazette, no. 93/14, 127/17, and 98/19)
- Regulation 883/2004
- Ordinance on Visas (Official Gazette nos. 7/13, 5/18 )
- Regulation on the Croatian Visa Information System 36/13
- Websites of the Croatian Pension Insurance Institute
- Guidance on posting workers to the EU
