Ombudswoman Tena Šimonović Einwalter participated in the sessions of the Committee on Labour, Pension System and Social Partnership and the Committee on Human Rights and the Rights of National Minorities, which discussed the Draft Final Proposal of the Act on Amendments to the Foreigners Act on 11 and 12 February 2025. The Croatian Parliament is scheduled to vote on the Act on 21 February 2025.

Amendments Are a Step in the Right Direction but Should Have Been Adopted Earlier

As the Croatian Parliament’s Commissioner for the Promotion and Protection of Human Rights and Freedoms and the central body for combating discrimination, the Ombudswoman contributed to the drafting of a more effective legislative solution through her comments during the previous year. The Foreigners Act is a key regulation governing, among other matters, the conditions of entry, movement, residence, and employment of foreigners (third-country nationals) in Croatia. It should have been adopted much earlier, especially due to the situations that arose following the significant increase in the number of workers from third countries after the quota system was abolished.

Considering the issues reported in complaints submitted by foreign workers when employers failed to respect their rights, it is a positive development that the validity of residence and work permits will be extended from one to three years, that changing employers and occupations will be made easier during the validity period of existing permits, and that accommodation standards for third-country national workers will be regulated. The proposed amendments should lead to more efficient procedures and better protection of third-country national workers, which should also contribute to a better working environment for domestic workers in light of the current labour market situation.

Although some of the Ombudswoman’s proposals were accepted and incorporated into the Draft Final Proposal of the Act between the first and second readings, she once again presented those that were not included during the sessions of the parliamentary committees. Some of these are highlighted below.

Ensure the Right to an Effective Legal Remedy in Urgent Situations

If the Act is adopted in its current form, workers will not be able to file an appeal against decisions of the Ministry of the Interior regarding residence and work permit applications. Instead, they will have to initiate an administrative dispute.

However, in urgent situations, it would be more effective to allow a second-instance authority to make decisions, as this would be faster than court proceedings. For example, the work and residence status of third-country nationals applying for residence and work permits for seasonal jobs requires urgent resolution. If legal protection is limited to filing an administrative lawsuit—thus initiating an administrative dispute—due to the length of court proceedings, such workers will effectively be prevented from performing those jobs.

Workers Should Not Bear the Consequences of Employer Misconduct

New conditions for revoking residence and work permits are proposed, but it remains the case that a worker may lose their permit due to employer misconduct, for example, failure to pay wages or contributions, violation of labour laws, mandatory health and pension insurance regulations, and other legal obligations.

The Ombudswoman has received numerous complaints from foreign workers whose employers failed to pay wages, did not register them for mandatory health and pension insurance, or did not pay contributions. Some workers reported illegal and unpaid overtime, and even threats after requesting the enforcement of their employment rights. Some also stated that they were afraid to report their employers or seek protection of their rights for fear of losing their residence and work permits and thus being forced to leave Croatia.

In cases where residence and work permits are revoked due to reasons attributable to the employer, foreign workers are required to leave the Republic of Croatia. Therefore, it is important that they are provided with an adequate transitional period in which they can seek new employment. In such cases, additional protection should be provided to the worker by issuing prior notice that revocation proceedings are being initiated due to employer-related reasons, allowing the worker to make timely use of a protective mechanism that enables them to remain in the country (based on the residence and work permit that will not be automatically revoked) and find a new employer within a maximum period of 60 days.

This could be an adequate solution, but to ensure effectiveness, the legislation should specify the timeframe between the delivery of the notice and the revocation of the residence and work permit, i.e., the period within which the worker can seek a new employer. The content of the notice should also be prescribed, including information about the consequences of the initiated proceedings, so that workers can take timely action to remain in Croatia.

The State Must Adopt a Migration Policy

This amendment proposal deletes Article 246 of the currently valid Foreigners Act, which required the adoption of a comprehensive immigration policy. The rationale provided is that the Strategy for the Demographic Revitalisation of the Republic of Croatia until 2033 has a broader scope and addresses key issues for Croatia’s future development, and that a document concerning relevant immigration policies is planned under Strategic Goal 2: Balanced Population Mobility, in the form of a National Migration Plan.

However, these amendments eliminate the legal obligation to adopt (at least) an immigration policy and the deadlines for its adoption.

The Ombudswoman has for years pointed out the lack of comprehensive migration and integration strategies and plans. In her 2022 Annual Report, she recommended that the Government adopt a migration policy as soon as possible, as well as a (new) Action Plan for the Integration of Persons Granted International Protection. The Government’s response to the 2022 Annual Report did not address this recommendation. Therefore, the Ombudswoman has once again, in relation to the deletion of Article 246 of the Foreigners Act, highlighted the importance of timely and long-term consideration and strategic planning in the area of migration, as well as in relation to integration policies and measures linked to migration.

Alignment with European Legislation

It is also positive that the amendments propose extending the validity of the EU Blue Card from 24 to 48 months and easing the conditions for obtaining the EU Blue Card for individuals in the IT sector. With this, Croatia transposes into national legislation the Directive on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment*. At the same time, it should be noted that the transposition deadline expired on 18 November 2023, which led the European Commission to issue a warning to Croatia.

These amendments also presented an opportunity to transpose another Directive** that has already entered into force (although the implementation deadline is next year). This Directive covers the same issues as some of the proposed amendments to the Foreigners Act, but offers a higher level of protection or more favourable provisions for third-country national workers. Consequently, further amendments to the Foreigners Act will be necessary by the end of the year, as foreseen in the Government of the Republic of Croatia’s 2025 Legislative Activities Plan.

Other comments from the Ombudswoman can be viewed in the recording of the Committee on Labour, Pension System and Social Partnership debate. The report from the Committee on Human Rights and the Rights of National Minorities is available here.

*Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment

**Directive (EU) 2024/1233 of the European Parliament and of the Council of 24 April 2024 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State