A posted worker is a worker employed by a foreign employer from another EEA Contracting State, in the framework of temporary or occasional transnational/cross-border provision of services, for a limited period of time, provided that a foreign employer:
- Posts workers to Croatia on their account and under their direction under a contract concluded between the foreign employer making the posting and the party for whom the services are intended (user of services in Croatia) provided there is an employment relationship between the foreign employer making the posting and the worker during the period of posting; or
- Posts workers to Croatia to its subsidiary company/branch office or to a company belonging to the same group as the foreign employer making the posting, provided there is an employment relationship between the foreign employer making the posting and the worker during the period of posting; or
- Places a worker as a temporary employment agency to a user established or doing business in Croatia, provided that there is an employment relationship between the temporary employment agency and the worker during the period of posting.
The posted worker who is a third-country national (outside the internal market of EEA) and legally employed by the foreign employer and posted to work in Croatia for a period over 3 months shall regulate his temporary stay for the purpose of work of the posted worker.
The posted worker will have the following rights related to terms and conditions of employment:
- Prescribed maximum hours of work and minimum hours of rest;
- Minimum paid annual holidays;
- Minimum rates of pay, including overtime rates;
- Health and safety at work;
- Protective measures with regard to the terms and conditions of employment of pregnant women or women who have recently given birth, who breast-feed and of under-aged workers;
- Prohibition of discrimination.
The abovementioned working conditions shall not apply to a qualified worker posted by a foreign employer from the EEA Contracting State to Croatia for a period less than 8 days if the foreign employer performing the delivery is sending him/her to perform the initial assembly and/or the initial set-up which is essential for placing into service the delivered products and agreed as an essential component of a contract for a delivery of goods.
The period for which the posted worker is posted to work in Croatia is calculated on the basis of a reference period of 1 year from the beginning of posting. For the purpose of calculating the duration of posting, all previous periods in which the posted worker performed the same job for the same foreign employer shall be taken into account.
The foreign employer must submit a posting declaration before the beginning of posting which includes the following:
- The name and headquarters or the name, surname and address of the foreign employer including contact details (telephone and telefax numbers, e-mail address);
- The name and surname of the posted worker and information on the state in which the worker normally works;
- The beginning and the foreseen time of posting;
- The name and headquarters or the name and surname, address of the user of the service, the place of providing services and a short description of the service;
- Information on the date of issuing, validity period, number and the competent body which issued the valid stay and work permit for a posted worker (a third-country national) in accordance with the regulations of the state in which the foreign employer is established.
The present statement is to be submitted in writing or electronically to the Labour Inspection.