How to hire a foreign worker in Croatia?

Any person who is not a Croatian citizen or does not have Croatian citizenship is considered a foreigner. The conditions for residence and work of third-country nationals in the Republic of Croatia are governed by the provisions of the Aliens Act.

In the conditions of a shortage of qualified labor in many sectors, the question of how to hire a foreign worker becomes extremely important. In order to be able to answer it, we must first define the term foreigner. Any person who is not a Croatian citizen or does not have Croatian citizenship is considered a foreigner. The conditions for residence and work of third-country nationals in the Republic of Croatia are governed by the provisions of the Aliens Act. PickJobs brings you a guide on how to hire a foreign worker depending on different circumstances and what documentation you need.

Under what conditions can a worker who is not a citizen of an EU member state work for an employer from Croatia?

A worker who is not a citizen of a member of the European Union (workers from third countries) can work for a Croatian employer based on one of the following conditions:

• residence and work permits;
• work registration certificates (up to 90 or 30 days in one calendar year);
• without a residence and work certificate or work registration certificate (in special cases defined by the Aliens Act).

In which jobs and with which employers can a citizen of a third country employed in the Republic of Croatia work?

A citizen of a third country can work in the Republic of Croatia only in those jobs for which he has been issued a residence and work permit or a work registration certificate. In addition, he can only work for the employer with whom he established an employment relationship.

How to hire a foreign worker while he is waiting for a residence and work permit or a work registration certificate?

An employer in Croatia can employ a foreigner, that is, a citizen of a third country, only if he has obtained a residence and work permit or a work registration certificate. In addition, he can only be employed in those jobs for which a work permit or residence registration certificate has been issued.

How is the labor market test performed and why is it important for issuing a residence and work permit?

Instead of the quota system, a labor market test was introduced from January 1, 2021. This means that an employer who wants to employ a foreign worker, before requesting a residence and work permit, must check whether he has the possibility to employ a worker from the labor market of the Republic of Croatia.

The labor market test lasts no longer than 15 days. During this period, the Croatian Employment Service must investigate whether there are unemployed persons in the records who meet the required conditions and refer them to the employer.

A job where the employer wants to employ a citizen of a third country will first try to be filled with people on the national labor market (domestic workforce). That is why the employer in the application for the implementation of the labor market test must specify exactly what conditions the worker must meet. In particular: what is the required educational qualification, work experience, special professional knowledge and skills for a specific position and the like.

If, through inspection of the records of unemployed persons, it is determined that there are persons on the national labor market who meet the conditions specified by the employer in the application for the implementation of the labor market test, the CES will refer these persons to the employer.

If the labor market test shows that there are no available persons in the records of unemployed persons who meet the employer's requirements for employment or they cannot be met by the migration of unemployed persons in the country (positive notice from the CES), the employer can apply for a residence and work permit. This must be done within 90 days from the day of receiving notification of the result of the labor market test.

What must be attached to the application for issuing a residence and work permit?

The following should be attached to the request for the issuance of a permit:

• employment contract of third-country nationals;
• proof that the third-country national fulfills the employer's requirements requested in the labor market test related to the level of education, educational qualification, work experience and all other conditions required by the employer;
• a decision on the recognition of a foreign professional qualification (only if it concerns the employment of a citizen of a third country who will perform a regulated profession);
• a copy of a valid travel document;
• proof of impunity for a citizen of a third country, if it is the first temporary stay of a citizen of a third country in the Republic of Croatia.

What evidence of meeting the requirements of the labor market test should be submitted?

Certificates, diplomas, certificates of competence or certificates of work experience (excerpts from official records, recommendations and statements of former employers, etc.) are submitted. They should be translated into Croatian if the original is not in Croatian/a related language and Latin script. As proof of work experience, the employer's statement about the worker's ability to perform the duties of a certain position (in a free form) can exceptionally be recognized, if it is not a regulated profession and if the employer did not request a specific educational qualification in the labor market test. It is essential to submit evidence that the citizen of a third country fulfills all the conditions requested by the employer requested in the labor market test (educational qualification, work experience, etc.).

A decision on the recognition of a foreign professional qualification is not required in all cases and for all positions. It is only necessary if the citizen of a third country will perform one of the regulated professions in the Republic of Croatia.

What conditions must the employer meet in order to receive a positive opinion from the CES?

The Institute will give a positive opinion if it is established that the employer:

- performs economic activity in an activity registered in the Republic of Croatia;

- has settled obligations on the basis of public benefits related to income tax and contributions for mandatory insurance, of which official records are kept by the ministry in charge of finance;

- in the last six months, at least one worker who is a citizen of the Republic of Croatia or a citizen of a member state of the EEA or the Swiss Confederation has been employed on an indefinite and full-time basis in the territory of the Republic of Croatia, and in the case of seasonal trades at least one worker who is a citizen of the Republic of Croatia or a citizen of the Swiss Confederation member states of the EEA or the Swiss Confederation in the previous season;

- has not been legally convicted of criminal offenses in the field of labor relations and social security.

Is it possible to request a residence and work permit for certain professions without an opinion from the CES?

In accordance with the Law on Aliens, the Administrative Council of the CES issued a Decision on occupations for which the employer is not obliged to request a labor market test. For professions that are in short supply, it is not necessary to conduct a labor market test. Nevertheless, a positive opinion of the CES on the employment of third-country nationals is still required. That is why all the previously mentioned conditions for issuing a positive opinion of the CES must be met.

For what period is the residence and work permit issued?

When considering how to hire a foreign worker, keep in mind the intended duration of the job. Namely, the residence and work permit is issued for the time required to perform the job (for which the employment contract or other appropriate contract was concluded). It can last up to a maximum of one year.

Can a foreign worker work on jobs or for an employer for which he has not been issued a residence and work permit?

A worker from a third country may only work for an employer and on jobs for which he has been issued a residence and work permit.