CROATIA – New Intra-Corporate Transfer Permit and Posted Worker requirements
Amendments to Croatia’s Foreigners Act recently took effect, implementing the new European Union (EU) intra-company transfer (ICT) permit, and updating the rules for the posting of workers into Croatia.
Intra-Company Transfer (ICT) Permit
The amendments transpose European Union Directive 2014/66/EU “on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer”.
Duration of Stay
Third-country nationals on assignment in Croatia from outside the EU, for more than 90 days, within the same group of companies, can obtain an ICT stay and work permit valid for up to three years for managers and specialists, or up to one year for trainees. After this period has expired, a new application can be submitted only after a cooling-off period of six months.
In the case of managers and specialists, the applicant must have been continuously employed by the same group of companies for at least nine months, and demonstrate the professional qualifications and experience required by the host company. Trainees must have a university degree, and must have been continuously employed by the same group of companies for at least six months. The amendments to the Foreigners Act have introduced the possibility of the government setting a quota for stay and work permits issued to intra-corporate transferees, but as yet no quota has been set.
A holder of an ICT permit issued in Croatia will be able to work in another EU member state for a company of the same group, for up to 90 days in a 180-day period, without obtaining a separate permit in that country (the host country may require a notification). For stays of more than 90 days, a “mobile ICT permit” for that country may be required. A holder of an EU ICT permit issued in another EU member state can work at a company of the same group in Croatia for up to 90 days without obtaining a separate permit. For stays of more than 90 days they can apply for a long-term mobility stay and work permit issued outside the stay and work permit quota.
Requirements for Posted Workers
The amendments also transpose European Union Directive 2014/67/EU “on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services”.
Under the amended law, employers of foreign nationals posted to Croatia from within or outside the European Economic Area (EEA) must submit a declaration by email to the Ministry of Labour and Pension System before the posting starts.
The declaration must now include details of the sending employer; a designated contact person in Croatia responsible for liaising with the Croatian authorities and for keeping certain documents related to the posting; the location of the posting documents in Croatia; the company in Croatia hosting the posted worker; the place of work; the assignment; and the posted worker(s) themselves. Another form must be submitted to notify the authorities of any changes to information in the posting declaration, within three days of any such changes. Fines are payable if the employer fails to submit a complete and accurate posting declaration.
Employers of third-country nationals assigned to Croatia from outside the EU within the same group of companies should consult an immigration expert to confirm the latest requirements. Employers of foreign nationals posted to Croatia from within or outside the EEA must submit a declaration