For temporary employment agencies assigning third-country nationals, the 30-day period after the assignment contract ends becomes decisive. A mistake in deadlines or documentation can result in the loss of the work permit — with no right of appeal.
What does the law say?
Under Articles 94 and 100 of the Foreigners Act, the Ministry will revoke the residence and work permit if the agency, within 30 days of the assignment contract ending, fails to meet two cumulative conditions:
- it does not conclude a new assignment contract, and
- it does not file a request for a change of user undertaking with the competent police administration or station
If there is no new user undertaking and no formally initiated change procedure within the deadline — the permit is revoked ex officio.
What does this mean in practice for agencies?
An agency cannot “hold” a worker without an active assignment contract for more than 30 days. If the user undertaking withdraws, terminates the contract or no longer needs the worker, the agency must take the following steps:
- Find a new user undertaking in the same occupation
- Conclude a new assignment contract
- Within 3 days of concluding the contract, file a request for a change of user undertaking
The procedure includes obtaining the opinion of the Croatian Employment Service, issued within five days. The worker may start working for the new user undertaking from the date of the positive opinion of the Croatian Employment Service.
The risk of revocation — with no right of appeal
If the Croatian Employment Service issues a negative opinion, or if the agency fails to meet the conditions in time, the Ministry rejects the request or revokes the permit by decision.
IMPORTANT: No appeal is permitted against that decision — only an administrative dispute may be initiated. This is why timely and correct action is absolutely crucial.
Change of employer after one year of work
The law also allows a third-country national, after one year of work in the Republic of Croatia and within the validity of the permit, to change employer within the same occupation.
If the new employer is a temporary employment agency:
- the assignment contract must be submitted together with the employment contract
- the agency and the user undertaking must meet the statutory conditions
- the procedure includes the opinion of the Croatian Employment Service
Agencies must therefore watch not only the deadlines when an assignment ends, but also situations where a worker moves directly to another employer or another agency.
Organisational and legal challenges for agencies
In practice, the most common risks arise from:
- sudden termination of the contract with the user undertaking
- delays in concluding a new contract
- misinterpretation of deadlines
- incomplete documentation in change-of-user requests
- parallel applications by different employers
Given the short deadlines and the fact that no appeal is permitted, action must be precise and timely.
Legal support for temporary employment agencies
Primorac Legal provides legal support to temporary employment agencies in:
- procedures for issuing and changing residence and work permits
- change-of-user procedures
- administrative disputes against decisions rejecting or revoking permits
- aligning internal procedures with the deadlines under the Foreigners Act
The goal is to ensure the continuity of work permits and reduce the risk of business interruptions.
Need legal support?
If you are a temporary employment agency facing challenges with deadlines and foreign workers’ permits, contact us as soon as possible — we will assess your case and ensure timely action.
Phone: +385 91 781 8171
E-mail: t.primorac@primorac-legal.hr
Frequently asked questions (FAQ) about the 30-day deadline and assigned workers’ permits
What happens to a foreign worker’s permit when the assignment contract ends?
Under Articles 94 and 100 of the Croatian Foreigners Act, the Ministry will revoke the residence and work permit if the agency does not conclude a new assignment contract and file a request for a change of user undertaking within 30 days of the assignment contract ending.
What steps must the agency take within the 30-day period?
Find a new user undertaking in the same occupation, conclude a new assignment contract, and within 3 days of concluding the contract file a request for a change of user undertaking with the competent police administration or station, together with the employment contract and the assignment contract.
Does the agency have a right of appeal against revocation of the permit?
An appeal against the revocation decision is not permitted, which makes the risk even greater — preventive action within the 30-day period is therefore key, and judicial protection is available through an action in an administrative dispute.
Can an assigned foreign worker change employer?
Yes — after one year of work, the law allows a change of employer, subject to the prescribed conditions and completion of the procedure before the competent authority.
How do I find a good lawyer for temporary employment agencies in Croatia?
Look for a firm that combines immigration law, employment law and administrative procedures. The law office of Toni Primorac in Rijeka provides legal support to agencies in permit procedures, changes of user undertakings and representation before the competent authorities throughout Croatia — in English as well.
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