Seasonal worker in Croatia

Conditions

A third-country national may work in the Republic of Croatia on the basis of a stay and work permit for seasonal work in agriculture, forestry, hospitality industry, and tourism:

Seasonal worker for stays not exceeding 90 days

No labour market test and the opinion of the local service or office of the Croatian Employment Service is needed in case of employment of a seasonal worker in agriculture, forestry, hospitality industry, and tourism for the duration of up to 90 days.

A stay and work permit for seasonal work may be granted to seasonal workers if they:

• have a valid foreign travel document during the period of validity of a stay and work permit,
• have a valid contract of employment, which specifies the place and type of work, the duration of employment, the remuneration, the working hours per week or month as well as the amount of any paid leave,
• proof that the third-country national will have an adequate accommodation during the period of their stay in Croatia,
• are not considered to be a threat to public policy, national security and public health,
• are not subject to an entry and stay ban in the Republic of Croatia, or no alert has been issued in SIS for the purpose of forbidding their entry,
• proof that they have not been convicted by a final ruling of any criminal offences in their home country or a country where they resided for more than one year immediately prior to arriving in the Republic of Croatia.

Seasonal worker for stays exceeding 90 days up to 6 months

Before submitting an application for a stay and work permit for seasonal work up to six months, the employer has to request a labour market test from the local service of the office of the Croatian employment Service. Please see here for more information.

If the labour market test shows that there are no available persons in the unemployment records who meet the employer’s recruitment requirements or if the requirements cannot be met by the unemployed persons migrating within the country, the employer may apply for a stay and work permit within 90 days from the day of receipt of a notification on the labour market test results.

For some professions, a labour market test is not required - see here for the list (under field 'documents').

For issuing a stay and work permit for seasonal work, please note that the opinion of the local service or office of the Croatian Employment Service will be acquired during the procedure.

A stay and work permit for seasonal work may be granted to seasonal workers if they:

• have a valid foreign travel document during the period of validity of a stay and work permit,
• have a valid contract of employment, which specifies the place and type of work, the duration of employment, the remuneration, the working hours per week or month as well as the amount of any paid leave,
• proof that the third-country national will have an adequate accommodation during the period of their stay in Croatia,
• are not considered to be a threat to public policy, national security and public health,
• are not subject to an entry and stay ban in the Republic of Croatia, or no alert has been issued in SIS for the purpose of forbidding their entry,
• proof that they have not been convicted by a final ruling of any criminal offences in their home country or a country where they resided for more than one year immediately prior to arriving in the Republic of Croatia,
• receive a positive opinion of the local service or office of the Croatian Employment Service is issued (it is acquired ex officio as part of the procedure for issuing stay and work permit).

The conditions for granting a stay and work permit for seasonal work referred to in items 2 and 3 have to be in line with the regulations of the Republic of Croatia and the collective agreement binding for the employer.

Appropriate accommodation that has to be provided in order to be granted a stay and work permit for seasonal work means that the accommodation will ensure an appropriate living standard for seasonal workers during the entire period of their stay. The seasonal worker and the employer have to notify the police administration/police station of any change of accommodation within eight days starting with the date of the change. For more information on appropriate accommodation please see here.

For an opinion of the Croatian employment service, the following requirements concerning the employer are also necessary:

• performs economic activities in a sector registered in the Republic of Croatia,
• has paid all due public contributions of which official records are kept by the Ministry of Finance,
• has employed at least one citizen of the Republic of Croatia, or EEA national, or citizen of the Swiss Confederation in a permanent and full-time position in the territory of the Republic of Croatia in the last six months, and
• has not been convicted of criminal offences by a final ruling in the area of labour relations and social insurance.

A local service or office of the Croatian Employment Service shall not issue a positive opinion if the number of citizens of the Republic of Croatia, or EEA nationals, or citizens of the Swiss Confederation employed by the employer is less than 1/4 of the total number of employed workers (if no labour test was needed, then this requirement is not applicable).

Procedures

Where and how to apply

An application for the issuance of a stay and work permit may be submitted by the employer at a police administration or a police station located at the intended place of stay or work of the third-country national, or the employer’s head office.

An application for the issuance of a stay and work permit can be submitted by the employer online (for further information see here).

Fees

The administrative fee for processing the residence and work permit is EUR 74,32. The cost for issuing a biometric residence permit (in the form of a card) is EUR 31,85 for the normal procedure or EUR 59,73 for the accelerated procedure. An additional fee of EUR 9,29 should be added when issuing a biometric residence card, both for the normal and accelerated procedure.

Notice that seasonal workers who will work up to 90 days are not obliged to request a biometric residence permit, but have to apply for the issuance of a stay and work permit.

Documents required

The following documents must be submitted with the application:

• a copy of the third-country national’s valid travel document,
• a colour photograph (30x35 mm),
• proof that they have not been convicted by a final ruling of any criminal offences in their home country or a country where they resided for more than one year immediately prior to arriving in the Republic of Croatia (for first permit, dully legalised),
• an employment contract,
• evidence of adequate accommodation which ensures an adequate living standard of the seasonal worker throughout his/her stay (e.g. rental contract that contains the amount paid for rent, total surface area and the number of people using the space).

Additional documents in case a labour market test was needed:

• evidence of fulfilling the employers' requirements requested in the labour market test, which refer to the level of education, educational qualification, work experience and all other conditions required by the employer.

Further requirements

Seasonal worker for stays not exceeding 90 days

The seasonal worker and the employer have to notify the police administration/police station of any change of accommodation within eight days starting with the first day of the change.

Third-country nationals must not pose a threat to public order, national security or public health.

Third-country nationals are not subject to an entry and stay ban in the Republic of Croatia and no alert exists in SIS for the purpose of banning their entry.

Three days after the entry into the territory of the Republic of Croatia, the third-country national needs to register a short-term stay and provide his/her address to the police.

Seasonal worker for stays exceeding 90 days up to 6 months

The seasonal worker and the employer have to notify the police administration/police station of any change of accommodation within eight days starting with the first day of the change.

Third-country nationals must not pose a threat to public order, national security or public health.

Third-country nationals are not subject to an entry and stay ban in the Republic of Croatia and no alert exists in SIS for the purpose of banning their entry.

A biometric residence permit (card) is issued only on the territory of the Republic of Croatia by the competent police.

If a third-country national requires a visa to enter the Republic of Croatia after the stay and work permit will have been granted, he/she needs to apply for a long-term visa (visa D) in a diplomatic mission/consular office of the Republic of Croatia, or the visa may be issued by a diplomatic mission, namely the Consulate office of another State with which the Republic of Croatia has concluded a visa representation agreement.

Three days after the entry into the territory of the Republic of Croatia, the third-country national needs to register a short-term stay and to provide his/her address to the police.

Third-country nationals will be invited to provide biometric data to the police once they are on the territory of the Republic of Croatia in order to be issued with a biometric residence permit (within 30 days after the issuance of the D-visa).

Duration of validity of permits

Seasonal worker for stays not exceeding 90 days-issued up to 90 days

Seasonal worker for stays exceeding 90 days and up to 6 months-issued up to 6 months.

Conditions for renewal

A seasonal worker may work in the Republic of Croatia on the basis of a stay and work permit for seasonal work for the maximum period of six months in any 12-month period, after which he/she must leave the Republic of Croatia.

During the period of six months, a seasonal worker may extend a stay and work permit for seasonal work with the same or with another employer only once.

The seasonal worker who holds a valid stay and work permit and for whom an application for extending the stay and work permit for the same employer has been submitted to the competent police administration or police station shall be allowed to stay and work until the procedure is finalised.

A seasonal worker who holds a valid stay and work permit and for whom the new employer has submitted an application for a stay and work permit at the competent police administration or police station shall be allowed to stay and work for the new employer until the procedure is finalised.

The application for extending a stay and work permit for seasonal work shall be submitted at a police administration or a police station at least 15 days before the expiration of the valid permit.

Appeals

No appeal shall be admissible against the decision of the Ministry.

However, an administrative judicial dispute may be instituted against all decisions (first application, non-renewal or revocation) in line with the Act on Administrative Disputes, Official Gazette, 20/10, 143/12, 152/14, 94/16, 29/17 and 110/21. 

All written negative decisions shall include instructions on the legal remedy that shall inform on the possibility to lodge an administrative judicial dispute against the decision, before which body, in what time limit and in which manner.

Which are the competent courts?

Administrative courts (Administrative court in Zagreb, Administrative Court in Split, Administrative court in Rijeka, Administrative court in Osijek).

What are the timelines for making use of the dispute procedures?

In line with the Act on Administrative Disputes, Official Gazette, 20/10, 143/12, 152/14, 94/16, 29/17 and 110/21, the administrative dispute shall be submitted to the court within 30 days after the delivery of the written individual decision (first application, family reunification, non-renewal or revocation), if not otherwise prescribed.

Further information

Complete information on conditions can be found here: Seasonal workers.

Relevant legislative act: The Aliens Act (Official Gazette, Number: 133/20, 114/22, 151/22) - English version.

Ordinance on the Status and Labour of third-country nationals in the Republic of Croatia (Official Gazette, Number: 20/2022, 155/22).

Rights

Seasonal workers shall have the rights equivalent to those of Croatian citizens with regard to the following:

• terms of employment, including the minimum working age, and working conditions, including salary and termination of a contract of employment, working hours, breaks, leaves, holidays and non-working days, as well as health and safety requirements at the workplace, and the protection of rights arising from the employment relationship in line with the general labour legislation;
• right to participate in strikes and industrial actions, freedom to organise in trade unions and be members of trade unions or any other professional organisation, as well as the rights and benefits conferred by those organisations, including the right to collective bargaining and to conclude collective agreements;
• back payments to be paid by the employer in case of outstanding remuneration;
• branches of social security, as defined in Article 3 of Regulation (EC) No 883/2004;
• access to goods and services and the supply of goods and services made available to the public, other than housing, without prejudice to the freedom to conclude agreements in accordance with the Union and national law;
• counselling services on seasonal work provided by the competent public employment service;
• education and vocational training;
• recognition of diplomas, certificates and other professional qualifications in line with the legislation governing the recognition of foreign professional qualifications;
• tax benefits, insofar as the seasonal worker is deemed to have temporary residence in the Republic of Croatia for tax purposes.

Seasonal workers moving to a third country, or the survivors of those seasonal workers residing in a third country, deriving rights from the seasonal worker receive pensions based on the seasonal worker’s previous employment and acquired in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as Croatian nationals when they move to a third country.

Seasonal workers exercise the above rights in accordance with the legislation of the Republic of Croatia and the collective agreements binding the employer, if any, which define the above said matters.

Judicial protection

Seasonal workers who believe that some of their rights guaranteed by the Aliens Act and other Acts have been infringed by the employer may, in order to protect and claim those rights, initiate relevant proceedings against the employer before the competent court, government authorities or legal entities with public authorities in the Republic of Croatia, in line with the legislation of the Republic of Croatia.

Seasonal workers may initiate the above proceedings even after the termination of their employment with the said employer, in line with the legislation of the Republic of Croatia.

Seasonal workers who have initiated the proceedings to protect their rights referred to in the first paragraph cannot be put in an unfavourable situation in relation to other workers employed by the employer, nor should this circumstance have an adverse effect on their rights under their employment.

In the proceedings to protect their rights, seasonal workers may, upon giving their consent, be represented by persons authorised for providing legal assistance, as well as associations and other organisations authorised to do so in line with special legislation.

Change of employment

Within a period of six months per year, the seasonal worker may once extend the validity of the work and stay permit for seasonal work with the same or another employer.

Change of status

A seasonal worker may apply for approval of a temporary residence for another purpose e.g. studying, if the application is submitted at the latest 30 days before the expiration of the validity of the seasonal work permit.

Family members

Family members cannot be granted temporary residence for the purpose of family reunification.

Long-term residence

A stay on the basis of the issued stay and work permit for seasonal work is not taken into account in the time needed for granting long-term residence.