Post by Webmaster on Oct 31, 2003 11:30:03 GMT 1
The new Foreigners Act , which will come into force on January 1, 2004 (Official Gazette, No. 109/03 of
July 17, 2003), was adopted by the Croatian Parliament on July 9, 2003.
LEGISLATURE FRAMEWORK
In terms of the Act on Movement and Stay of Foreigners (Official Gazette No. 53/91, 22/92, 26/93 and 29/94), a foreigner in the Republic of Croatia is deemed a person who is not a Croatian citizen.
Conditions under which a foreign citizen or persons without citizenship may work in Croatia as well as the procedure for issuing work permit are determined by the regulations governing this field. A foreigner may be employed in Croatia on the basis of his/her work permit, if he/she meets general and special requirements determined by the law.
An employer may not employ nor make a contract with a foreigner who has no work permit. A foreigner enters into an employment on the day of his coming to work on the basis of work permit of the Croatian Employment Service (CES).
REGULATIONS ON EMPLOYMENT OF FOREIGNERS
Employment of foreign citizens and persons without Croatian citizenship is regulated by the Act on Employment of Foreigners (Official Gazette Nos. 19/92, 33/92, 89/92, 26/93, 29/94 and 52/94) and Instructions for Issuance of Work Permits to Foreigners (Official Gazette No. 82/96).
The foreigner’s stay in Croatia regulates the Act on Movement and Stay of Foreigners (Official Gazette Nos. 53/91, 22/92, 26/93 and 29/94).
The issue of daily worker migrations is governed by the Law on Ratification of Agreement between the Government of Croatia and the Government of the Republic of Slovenia (Official Gazette, International Agreements No. 3/94).
COMPETENCE
Work permits are issued by the Croatian Employment Service, Central Office Zagreb, upon a request submitted by the employer or a foreigner depending on the status of the foreigner for whom the work permit has been requested.
The request for issuing the work permit to a foreigner is submitted to the competent local office of the Croatian Employment Service, Regional Office XY, at the employer’s domicile business residence or at the place of foreigner’s stay.
In case of approved prolonged stay in Croatia or in case of daily migrants from Slovenia, the employer submits the request at his domicile residence of business.
In cases of approved permanent residence or business visa, the request submits the foreigner himself at the place of his/her residence or stay.
In accordance with the labour market policy in Croatia and based on provisions of the Article 4 of the Acto on Employment of Foreigners, work permit is issued to a foreigner only if on the CES register there are no such persons to meet the vacancy requirements set by the employer.
The provisions of the Article 17 of the Act on Employment of Foreigners determine the competence for decision-making upon an appeal against the first instance decision of the CES. According to this provision, it may be appealed against the decision on issuance or withdrawal of work permit with the Managing Board of the Croatian Employment Service. The decision of the Managing Board is final and against this decision a party may commence administrative proceedings with the Administrative Court of Croatia.
CROATIANS WITH FOREIGN CITIZENSHIP OR WITHOUT CITIZENSHIP
Pursuant to the provisions of the Article 1, Paragraph 3 of the Act on Employment of Foreigners, the Croatians with foreign citizenship or with no citizenship are not deemed foreigners and do not need work permit for the work in Croatia.
July 17, 2003), was adopted by the Croatian Parliament on July 9, 2003.
LEGISLATURE FRAMEWORK
In terms of the Act on Movement and Stay of Foreigners (Official Gazette No. 53/91, 22/92, 26/93 and 29/94), a foreigner in the Republic of Croatia is deemed a person who is not a Croatian citizen.
Conditions under which a foreign citizen or persons without citizenship may work in Croatia as well as the procedure for issuing work permit are determined by the regulations governing this field. A foreigner may be employed in Croatia on the basis of his/her work permit, if he/she meets general and special requirements determined by the law.
An employer may not employ nor make a contract with a foreigner who has no work permit. A foreigner enters into an employment on the day of his coming to work on the basis of work permit of the Croatian Employment Service (CES).
REGULATIONS ON EMPLOYMENT OF FOREIGNERS
Employment of foreign citizens and persons without Croatian citizenship is regulated by the Act on Employment of Foreigners (Official Gazette Nos. 19/92, 33/92, 89/92, 26/93, 29/94 and 52/94) and Instructions for Issuance of Work Permits to Foreigners (Official Gazette No. 82/96).
The foreigner’s stay in Croatia regulates the Act on Movement and Stay of Foreigners (Official Gazette Nos. 53/91, 22/92, 26/93 and 29/94).
The issue of daily worker migrations is governed by the Law on Ratification of Agreement between the Government of Croatia and the Government of the Republic of Slovenia (Official Gazette, International Agreements No. 3/94).
COMPETENCE
Work permits are issued by the Croatian Employment Service, Central Office Zagreb, upon a request submitted by the employer or a foreigner depending on the status of the foreigner for whom the work permit has been requested.
The request for issuing the work permit to a foreigner is submitted to the competent local office of the Croatian Employment Service, Regional Office XY, at the employer’s domicile business residence or at the place of foreigner’s stay.
In case of approved prolonged stay in Croatia or in case of daily migrants from Slovenia, the employer submits the request at his domicile residence of business.
In cases of approved permanent residence or business visa, the request submits the foreigner himself at the place of his/her residence or stay.
In accordance with the labour market policy in Croatia and based on provisions of the Article 4 of the Acto on Employment of Foreigners, work permit is issued to a foreigner only if on the CES register there are no such persons to meet the vacancy requirements set by the employer.
The provisions of the Article 17 of the Act on Employment of Foreigners determine the competence for decision-making upon an appeal against the first instance decision of the CES. According to this provision, it may be appealed against the decision on issuance or withdrawal of work permit with the Managing Board of the Croatian Employment Service. The decision of the Managing Board is final and against this decision a party may commence administrative proceedings with the Administrative Court of Croatia.
CROATIANS WITH FOREIGN CITIZENSHIP OR WITHOUT CITIZENSHIP
Pursuant to the provisions of the Article 1, Paragraph 3 of the Act on Employment of Foreigners, the Croatians with foreign citizenship or with no citizenship are not deemed foreigners and do not need work permit for the work in Croatia.