Tips & Experiences
Dejan Tornjanski
3

The role of the HZZ and the Ministry of Interior in the process of bringing in a foreign worker

Published:
November 27, 2022

Nowadays, with all the challenges faced by companies, whether small or large, hiring planning has never been more necessary. Today we are faced with a great shortage of both professional personnel and personnel for the simplest professions. It is no longer strange or unusual for a company to publish an advertisement for, for example, a cleaning lady and no one responds to the ad. Now, this problem can be solved relatively easily by hiring a cleaning service. A more expensive solution, but still at least temporarily managed to solve the problem of searching for a worker. But in situations where a company is looking for a person with certain qualifications for, for example, a project that needs to be delivered within a certain timeframe — then this can be a bigger problem. For this reason, the recommendation is to regularly audit and plan the business, especially hiring, since it takes a certain amount of time for the employer to find the person he wants, that is, he needs and who will satisfy his needs.

The consequence of the mass emigration of Croats to the more developed members of the European Union leads to the import of labor from distant countries, including the Philippines. However, despite the fact that more and more Filipino workers see Croatia as a promising country, employers have to count on the fact that the hiring process lasts because, among other things, it is necessary to obtain residence and work permits for a foreigner in Croatia.

If you are wondering what the process of hiring foreigners in Croatia looks like, how long this process takes, you will find out below.

CONDITIONS

The employer must first check whether he meets the requirements for the employment of foreign workers at all. The Law on Foreigners, which has been in force since January 01, 2021, stipulates certain conditions that must be met by the employer, which are the following:

1. the employer carries out economic activity in an activity registered in Croatia,

2. has settled obligations on the basis of public benefits, the official records of which are kept by the Ministry of Finance of the Republic of Croatia (this means that there is no recorded debt on the basis of income tax and contributions for compulsory insurance),

3. in the last 6 months, has employed at least one worker who is a national of the Republic of Croatia or a citizen of an EEA Member State or of the Swiss Confederation on an indefinite and full-time basis in the territory of the Republic of Croatia (provided that the number of employed workers who are nationals of the Republic of Croatia or nationals of a Member State of the EEA or the Swiss Confederation at the employer must not be less than 1/4 of the total employed),

4. has not been legally convicted of criminal offences in the field of labour relations and social security.

If the above conditions are met, only then the procedure for obtaining the necessary permits for residence and work begins.

CROATIAN EMPLOYMENT AGENCY

With the new Law on Foreigners, in addition to the Ministry of Interior, the Croatian Employment Agency (hereinafter referred to as the “Croatian Employment Agency”) is included in the employment process of foreigners. The role of the HZZ is, of course, to protect the domestic labor market.

Before applying for a work permit, it is necessary to ask the HZZ to conduct a labor market test.

LABOR MARKET TEST

The labour market test includes a check of the status of the unemployment register and the mediation procedure in order to recruit workers from the national labour market. The HZZ carries out the mediation procedure if there are persons in the register of unemployed persons who meet the requirements of the employer for employment. Therefore, the HZZ will send workers from its records to the employer for a job interview, and in order to help him find an adequate person from the Croatian labor market.

This procedure lasts 15 days and after that the CSO gives its opinion, positive or negative. If the employer has received a positive opinion (and the employer will receive a positive opinion if he meets the above conditions), only then can he continue the process of hiring a foreign worker whom he has found himself or through the agency.

When the OHIM determines that there are no unemployed persons of the required profile, it shall inform the employer thereof and instruct him to apply for a residence and work permit for a third-country national within 90 days of receipt of the notification.

For certain professions, it is not necessary to conduct a labor market test, but an application for a work permit can be made immediately. What are these professions, you can find out at Lists of the Board of Directors of the HZZfrom January 2022.

APPLICATION FOR A WORK PERMIT

Whether the employer has passed the labor market test process or these are occupations for which it is not necessary to conduct a labor market test, the next step is to apply for a work permit. The HZZ has digitized this process and the work permit application is submitted online. After submitting the application, the employer has the opportunity through the portal and monitor the process of issuing a permit. Depending on where the work permit will be issued, this process can take up to 60 days.

WHO NEEDS A VISA TO ENTER CROATIA?

For some countries, such as the Philippines, India, Nepal, having a work permit does not mean that you are allowed to enter Croatia. Nationals of these countries, but also of other countries, must obtain an entry type D visa in order to legally enter the country. It should be borne in mind here that Croatia has a limited number of embassies in the world and some of these countries have to use specialized courier services, ie services, to send their visa application to the competent Croatian embassy. Depending on the country from which your future worker applies for a visa, this process can take up to 60 days.

CONCLUSION

For all of the above, it is not surprising to us that employers today have to plan the hiring of workers. In the shortest lines, and with the most important information that can help the employer in the process of hiring foreign workers, the process that the employer must go through if he wants to hire foreign workers is exposed and explained.

The entire process can take up to 120 days, primarily to obtain all necessary permits. A professional recruitment agency that has experience in conducting such a process, can often shorten it, which is why it is advisable to consider hiring such an agency as well. Not only will this shorten the time it takes for the employer to hire workers, but it will also save additional time and nerves by avoiding the clutches of bureaucracy.

As a bridge between foreign workers and Croatian employers, all these actions can be carried out for you by a team of Humble Hunters experts, facilitating this whole process and taking over the full communication with the competent authorities.

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