Implementation of EU Posted Workers Directive Brings Stricter Record-Keeping Requirements

Following the implementation of the 2014 EU Directive on the posting of workers in July, Croatian authorities have reviewed the existing notification requirements for employers sponsoring posted workers and created stricter document-retention requirements. The amendments are meant to strengthen judicial protection of posted workers and increase information access and administrative cooperation in relation to posted workers.

New Requirement to Designate a Representative

Sending employers must now designate a document-keeping agent and a contact person in Croatia. Both roles may be combined. The document-keeping agent must be able to present hard or soft copies of the listed documents, and must submit a Croatian translation of the documents upon request.

Notification Process

The sending employer must now submit a notification of the name and contact data (phone number, fax number and e-mail address) of the document-keeping agent and contact person for the sending employer in Croatia. The notification should be submitted to the Ministry of Labour and Pension System prior to the start of the posting, after a Stay and Work Permit or Confirmation on Work – a short-term work permit – has been granted by the Croatian authorities.

The other notification requirements that were previously required, including the name, registered office details and contact information of the sending employer; the name and sending work location of the posted worker; and the address or addresses of the workplace, among other details, are still required.

The manner of notification is currently not prescribed by regulations. A standardized manner of notification is expected to be implemented in October. Fragomen will report on the updates as these become available.

New Document Retention Requirements

The employer must now maintain hard or soft copies of the following documents at the workplace or any other specified and accessible place in Croatia for the duration of the posting and up to five years after the end of the posting:

• Employment agreement or similar document;
• Croatian and/or EU/European Economic Area work permit (if applicable);
• Payslips (detailing all salary elements and manner of salary calculation) and proof of payment;
• Timesheets; and

Other documents, as requested by inspectors.

What This Means for Employers and Foreign Nationals

Employers posting workers to Croatia should work with their administrative department to ensure compliance with the new record-keeping and notification requirements.  

Fragomen can assist with the notification process and ensure employers fully comply with the new requirements.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].