Croatia has recently seen a sharp increase in the number of foreign workers, who are facing various challenges both in the workplace and in other areas of life. Currently, there are no measures in place to support their successful integration. Some of these issues could be addressed through amendments to the Foreign Nationals Act.
The draft amendments to the Foreign Nationals Act, which were open for public consultation until mid-March 2024, proposed several positive changes. Given the growing number of foreign workers and the significant issues they encounter, it is important to adopt these amendments as soon as possible.
The Ombudswoman also participated in the public consultation process. Her opinion was based on her work on complaints from foreign workers, who are increasingly turning to her office for help, as well as on cases she initiated on her own initiative. More details on these can be found in the Ombudswoman’s 2023 Annual Report.
Examples of Positive Proposed Amendments
The proposed amendments include improved coordination between state authorities and institutions, which would help reduce the administrative burden on employers and police administration/station officers, as well as enable more efficient procedures for protecting third-country national workers.
Another welcome proposal is to extend the validity of residence and work permits from one to three years. This would ease the workload of police officers who process these permits and contribute to the integration of third-country workers. It is also important that this permit would no longer be tied to a specific employer, which could make foreign workers more willing to report violations of their labor rights.
The proposals would also enable the state to provide Croatian language courses for foreign workers—an essential step, as language is a foundation for integration into society and beneficial to both employers and the broader community.
Significantly, the amendments would obligate Croatia to establish accommodation standards for all foreign workers, not just seasonal ones, as has been the case until now. The current legal gap allows for overcrowded and inadequate living conditions, which has become a prominent issue in the violation of foreign workers’ rights, frequently covered by the media.
How to Further Improve the Act
The Ombudswoman submitted several comments on the draft amendments to help develop a higher-quality legal framework.
For example, it is necessary to define clearly who is responsible for inspecting the accommodation of third-country national workers. Instead of the vague provision stating that inspections are carried out by “inspectors and civil servants of the state administration body responsible for inspection affairs,” the law should specify which inspectors (e.g., labor relations, occupational safety, sanitary, construction inspectors) and civil servants of the State Inspectorate are referred.
Furthermore, when determining the authority and procedures for conducting such inspections, the protection of workers’ right to privacy must be ensured in accordance with the relevant provisions of the Constitution, European, and international law.
The proposed amendments also state that no appeal can be submitted against Ministry of the Interior decisions on applications for residence and work permits. It is recommended that appeals should be allowed against such decisions.
New grounds for revoking residence and work permits have also been introduced, including those caused by employer misconduct—for instance, failing to pay wages or contributions, violating labor regulations, and non-compliance with health and pension insurance laws and other rules. In such cases, although the worker is not at fault, the foreign national could lose their permit, resulting in the loss of income and the inability to remain in Croatia and seek other employment. This should be changed to ensure that workers are not penalized for their employer’s unlawful actions.
It would also be advisable to reintroduce the provision mandating the adoption of a migration policy, including timelines, which would also regulate the integration of foreign nationals. The most important aspect is that the policy be developed and implemented, regardless of whether the Foreign Nationals Act mandates it. The Ombudswoman has long highlighted the lack of comprehensive migration and integration strategies and plans. In her 2022 Annual Report, she reiterated her recommendation to the Government of the Republic of Croatia to adopt a migration policy and a (new) Action Plan for the Integration of Persons Granted International Protection as soon as possible.
All comments submitted by the Ombudswoman are available here.
What Else Needs to Be Done
In addition to adopting a migration policy and necessary amendments to the Foreign Nationals Act, efforts must be made to reduce prejudice and stereotypes among the public. Croatia was unprepared for the arrival of a large number of people from more distant countries, which has sometimes resulted in them facing prejudice, racial discrimination, and verbal and physical assaults. It is essential to clearly condemn such incidents and to create conditions for their effective integration into a society where their rights are respected in all aspects of life.
For more information, refer to the Ombudswoman’s 2023 Annual Report, particularly the chapters Discrimination in Employment and at Work and Discrimination Based on Racial and Ethnic Origin.
Information for foreign workers on how to protect their rights is available [here] (in 12 languages—Croatian, English, German, French, Ukrainian, Macedonian, Albanian, Turkish, Nepali, Bengali, Hindi, and Filipino).