A number of provisions of the Croatian Constitution relate to employment. Article 54 guarantees to everyone the right to work and to enjoy the freedom of work. It also states that everyone must be free to choose his vocation and occupation, and that all jobs and duties shall be accessible to everyone under the same conditions.

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A number of provisions of the Croatian Constitution relate to employment. Article 54 guarantees to everyone the right to work and to enjoy the freedom of work. It also states that everyone must be free to choose his vocation and occupation, and that all jobs and duties shall be accessible to everyone under the same conditions. This provision is not limited to Croatian nationals however migrant workers would have to fulfil certain criteria to enter Croatian for the purposes of employment (see below). Article 55 elaborates on the rights of employees and provides that all employees have the right to fair pay in order to ensure a free and decent standard of living to themselves and their family. Maximum working hours are to be regulated by law and every employee is entitled to a weekly break from work and annual holidays with pay, these are rights which may not be renounced. Article 55 also provides that employees may, in conformity with law, participate in decision-making in enterprises. Article 56 provides that law and collective agreements shall regulate the rights of employees to social security, social insurance maternity and childcare. Article 59 sets out the right of all employees to form, join and leave trade unions and Article 60 protects the right to strike although this may be restricted in certain sectors such as the armed forces, the police, the public administration and public services as specified by law.

The Law on the Employment of Aliens (1991) sets out provisions on work permits, seasonal employment and fines against employers who infringe the requirements of the Act. Article 1 of the Act provides that migrants may enter into employment in Croatia with work permits; the conditions for obtaining such permits are to be established by law. Croats and foreign citizens without citizenship are considered aliens under the Act. As stated in Article 3 work permits are issued at the request of employers except in specified cases when individual migrants may apply, these circumstances are set out in Article 4 as when no Croatian nationals in the files of unemployed persons at the Employment Institute meet the requirements of the employer, and in accordance with labour market policy of Croatia which is to be determined by the Government. Work permits ought to be issued for definite periods of time coinciding with the length of the employment contracts however, as set out in Article 5, the duration may not exceed one year although persons who have been granted permanent residence may be issued indefinite work permits. Under Article 16 of the Act the Employment Institute may give authorisation for the seasonal employment of individuals for one to four months to employers.

The new Law on Aliens of 2003 came into force in July 2003 and will come into use in January 2004. It sets out a number of provisions on migrant employment. Article 37 of the Law provides that temporary stay in Croatia may be allowed for the purposes of work. Article 40 provides that temporary stay would be given to a migrant who has a work permit or who does not need a work permit but is planning to stay for longer than 30 days if he fulfils other requirements of the Law. Approval for temporary stay for the purposes of work would be issued to an alien for the length of the work permit or for the period from Article 35(2) of the Law which provides that temporary stay could extend for up to two years (see 8.2-Immigration Law and Policy).

Under Article 86 of the Law on Aliens a yearly quota of work permits is established which takes account of the state of the labour market. Article 87 sets out further details in relation to work permits, it states that work permits, to be established by yearly quotas, would be issued first for the extension of already issued permits and second for new employment. Work permits not included in quotas under the provision include foreign workers daily migrants, which in the Republic of Croatia have permanent employment and under the condition of reciprocity, defined as alien citizens of neighbouring countries in which they reside who travel daily to work for employers in Croatia and return to their place of residence. Persons also exempt from work permit quotas include: persons who do vital jobs in business associations and overseas offices of foreign business association; persons transferred within their business associations in accordance with Croatia’s joining agreement with the World Trade Organisation; teachers and professors who are teaching the curriculum in schools in the language and alphabet of national minorities; professional sportspersons or sports workers; foreign spouses and children to who permanent stay has been approved; and on the grounds of international Agreements. Article 92 provides that work permits shall be issued for a definite period of time coinciding with the contract of employment and for up to two years.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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