The Directives 96/71/EC, 2014/67/EU and 2018/957/EU legislate the posting of workers. In Croatia, the national transpositions Law on Foreigners (Zakon o Izmjenama i Dopunama Zakona o Strancima) and Act on posting of workers to the Republic of Croatia and cross-border implementation of decisions on fines (Zakon o Upućivanju Radnika u Republiku Hrvatsku i Prekograničnoj Provedbi Odluka o Novčanoj Kazni) regulate the matter.
For a complete overview of the Directives regulating the posting of workers, take a look at our guide on EU Posted Workers Directives.
Preliminary obligations for the posting workers to the Republic of Croatia
According to Directive 96/71/EU and its national transpositions, employers based in EU/EEA countries may post their workers to Croatia for provisions of services.
The posting may deal with a posting for a service provision to a receiving Croatian company, an intra-group posting for a service provision to a receiving Croatian company, a posting managed by a temporary agency, and a posting you have been appointee for from a provider of yours.
The employer who posts his employee(s) to Croatia must notify their posting to the national authorities carrying out inspection activities in the field of labour and safety at work. They must submit a prior declaration of posting regardless of the duration of the posting. An exception is given by the road transport industry, whose employers do not have to comply with the obligation of a posting declaration.
Needed information in the prior Declaration of posting in Croatia
The posted worker notification must contain all the relevant information concerning the posting and the other related data, such as:
- Name of the foreign posting company and its representative;
- Information about the designed liaison person domiciled in Croatia;
- Address of the place where documents relating the posting are available;
- Data of the Croatian receiving company;
- Address of the workplace in Croatia;
- Date of the beginning and expected end of the posting to Croatia.
Lastly, the declaration must be sent with the signature of the legal representative of the foreign posting company.
Availability and storage of the documents concerning the posting to Croatia
The documentation concerning a given assignment to Croatia must be kept available at the address specified in the prior Declaration for a maximum of two years after the end date of the posting. In case of inspection from the competent authorities, the required documents must be translated into Croatian (official translation is not required).
Deadline for submission
The foreign employer who sends his workers to Croatia must send the duly filled declaration of posting at the latest before the beginning of the provision of service in the Republic of Croatia.
Working and salary conditions during the assignment in the Croatian territory
The above-mentioned Act on posting of workers to the Republic of Croatia and cross-border implementation of decisions on fines and the Croatian Labour Code state working and salary conditions when posting workers to Croatia.
The foreign employer shall apply the provisions of the legislation of the Republic of Croatia or the collective agreement concerning maximum working time and minimum rest periods, length of paid annual leave, minimum remuneration including the increase provided for overtime work, protection of health and safety at work, indemnity or compensation for travel, board and lodging expenses during the posting, and so forth.
The current minimum wage in Croatia is €700.00 per month in 2023. It became valid on January 1st, 2023 and the salary is in Euro since then. In fact, on January 1st, 2023 Croatia adopted the European single currency and joined the Schengen Area too.
However, these provisions only apply if they are more favorable to the foreign workers.
Do non-EU citizen workers need a work permit?
A third-country national holding a residence permit for a EU Member State posted to Croatia for a maximum of 90 days does not need to apply for any visa A or other permit.
In any case, by the day following the employee’s entry into Croatia, it is the responsibility of the hotel where the employee is staying to register the short-term stay and to provide the Croatian authorities with the relevant information for his registration.
If the services last 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 of the Foreigners Act.
Social security in Croatia
Pursuant the European Regulation 883/2004, the social security of the Member State where the employer is based may continue to cover the posted worker in Croatia.
The posting company must apply to the competent social institution for the issue of an A1 Certificate. It may have a maximum duration of 24 months or being valid for a single posting. In this case, it should be requested again for the following secondment. Moreover, in case of extension of the period of assignment, the A1 Certificate needs an extension too.
Additionally, the worker must always hold the A1 Certificate during his posting.
Long-term assignments and termination of the posting in Croatia
Posted workers whose assignment lasts more than 3 months need to regulate their temporary stay for the purpose of work of the posted worker in accordance with Article 47 and Art 54 of the Aliens Act.
The posting of employees in Croatia which exceeds 12 or 18 months on the basis of an extension to a prior posting originally thought to last less than 12 months, is considered a “Long-term assignment” unless otherwise specifically provided by the law. During the posting period, the employee has all the rights provided for by the law of the host Country.
Every change of data in a submitted declaration, or the early termination of a posting expected to last more, needs to be notified to the competent authority no later than three days after the data change has occurred.
Penalties for non-compliance with Croatian obligations
Penal provisions are applicable when the posting employer/designed legal person fails to submit the prior declaration of posting or if s/he sends an incomplete or inaccurate posting declaration to the Labour Authorities. The lowest fine is HRK 10,000 (approx. €1,321), but it can even reach HRK 30,000 (approx. € 3,964), according to the nature of the infraction.