1. What is a temporary employment agency in Croatia?
In Croatia, a temporary employment agency is an employer who, based on a worker assignment contract, assigns workers to another employer to work there temporarily.
2. Who is considered an assigned worker in Croatia?
In Croatia, an assigned worker is a worker employed by the agency for the purpose of being assigned to a user undertaking for temporary work.
3. Can any company perform agency activities in Croatia?
No, in Croatia an agency may perform worker assignment activities only if it is established according to specific provisions and registered with the ministry responsible for labour.
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4. Can an agency charge workers fees in Croatia?
In Croatia, the agency may not charge a worker any fee for being assigned to a user undertaking or for concluding an employment contract with the user undertaking.
5. Must the agency report data to authorities in Croatia?
Yes, in Croatia the agency must deliver statistical data on its assignment activities to the competent ministry.
6. Must the worker assignment contract be in writing in Croatia?
In Croatia, the worker assignment contract between the agency and the user undertaking must be concluded in written form.
7. What must the assignment contract contain in Croatia?
In Croatia, the contract must contain information on the number of assigned workers, period of assignment, place of work, tasks, method of salary calculation and the authorised representative of the user undertaking.
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8. Are additional elements required for assignments abroad from Croatia?
Yes, in Croatia assignments abroad must also specify applicable law, rights guaranteed to the worker and who bears repatriation costs.
9. For what purposes is agency assignment prohibited in Croatia?
In Croatia, assignment is prohibited for replacing workers on strike, for jobs previously subject to collective redundancies and for particularly dangerous jobs when the worker does not meet special requirements.
10. Can an agency assign a worker to another agency in Croatia?
No, in Croatia the assignment of workers to another agency is expressly prohibited.
11. Can the user undertaking keep time records in Croatia?
In Croatia, the agency and user undertaking may agree that the user undertaking keeps records of the assigned worker’s working time.
12. What type of contract can be concluded with an assigned worker in Croatia?
In Croatia, the agency may conclude a temporary assignment contract with the worker for a fixed or indefinite duration.
13. Must the assigned worker receive equal conditions in Croatia?
Yes, in Croatia remuneration and working conditions of assigned workers may not be less favourable than those of comparable workers employed by the user undertaking.
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14. Which conditions must be equal for assigned workers in Croatia?
In Croatia, equality applies to working time, breaks, rest periods, safety protection, protection of pregnant workers and non-discrimination.
15. Can collective agreements modify these conditions in Croatia?
In Croatia, collective agreements may exceptionally allow less favourable conditions for assigned workers under specific circumstances.
16. Does collective redundancy apply to agency contracts in Croatia?
No, in Croatia provisions on collective redundancies do not apply to the termination of temporary assignment contracts.
17. Can the agency terminate the contract extraordinarily in Croatia?
Yes, in Croatia the agency may extraordinarily terminate the contract when serious reasons arise at the user undertaking.
18. Is early end of assignment a valid dismissal reason in Croatia?
No, in Croatia the fact that the need for an assigned worker ceased earlier is not a valid ground for termination.
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19. What is the maximum period of assignment in Croatia?
In Croatia, the user undertaking may not use the same assigned worker for more than three consecutive years for the same tasks.
20. What is not considered an interruption in Croatia?
In Croatia, an interruption shorter than two months is not considered a break of the three-year period.
21. Must the agency inform the worker before assignment in Croatia?
Yes, in Croatia the agency must give the worker an assignment letter containing all essential information before the assignment begins.
22. Must the agency provide safety training in Croatia?
In Croatia, the agency must inform and train the assigned worker about occupational risks unless this duty is transferred to the user undertaking.
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23. Who pays the salary to the assigned worker in Croatia?
In Croatia, the agency must pay remuneration to the assigned worker even if the user undertaking fails to provide the salary calculation.
24. Who is responsible for health and safety in Croatia?
In Croatia, the user undertaking is regarded as the employer for the purpose of applying health and safety regulations to assigned workers.
25. Who is liable for damage to third parties in Croatia?
In Croatia, damage caused by the assigned worker to third parties is compensated by the user undertaking.
26. Who is liable for damage to the user undertaking in Croatia?
In Croatia, the agency is responsible for damage caused by the assigned worker to the user undertaking under general civil law rules.
27. Can an assigned worker claim damages in Croatia?
Yes, in Croatia an assigned worker who suffers damage at work may file a claim against the agency or the user undertaking.
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28. Must the agency register with the ministry in Croatia?
Yes, in Croatia the agency must submit an application and be entered into the registry of the ministry before starting its activities.
