Starting from July 1st 2013 Croatia joined the European Union, becoming the 28th Member State.
Starting from that date the enforced measures, foreseen by the Legislative Decree nr. 30 dated February 6th 2007, for free circulation within the European Union territory become applicable to Croatian citizens.
For what concerns the access to the employment market, under the Treaty of attendance, for the first 2 years following the attendance (and eventually for other 3 years) to the Member States is given the chance to continue to apply national measure or bilateral agreements to rule the access of Croatian citizens to its employment market, disregarding articles from 1 to 6 of the EU Rule nr. 492/2011 (so called "temporary measures").
The Italian Government, similarly to other EU Countries, has decided to apply the temporary measures, for the first 2 years, before completely liberalizing the access of Croatian citizens to the subordinated employment.
This access, saved exceptions foreseen for sectors completely liberalised, is therefore subject to the application of the "no impediment" to work to be submitted within the maximum number of employees stated by a contingent decree.
For the above mentioned, on July the 2nd, the Italian Home Office jointly with the Ministry of Employment have issued a Circular Message ruling the access of Croatian citizens to the Italian employment market.
The "non impediment" form will not be needed, clarifies the Circular, for Croatian citizens being legally employed at July 1st 2013 and admitted to the Italian employment market for a period of at least 12 months.
The above mentioned limitations are applicable only to employees, while they are not applicable to self-employed workers, who will not need any more to have a "non impediment" form.
Some employees are, in any case, excluded from the above limitations: the foreign workers who, under article 27, paragraph 1 of the Legislative Decree nr. 286/1998, can enter Italy independently from the maximum number foreseen by the contingent measures. This liberalization is not applicable to specialised workers relocated in Italy (article 27, letter G) also if relocated under a contract/tender (article 27, letter L). In these cases the "non impediment" form is still needed and can be submitted electronically.
The application will follow a simplified procedure and there will be no need to subscribe a residence permit for:
- Researchers (article 27-ter);
- Highly qualified workers who, under article 27-quarter, can obtain the so called "Blue EU Card";
- Seasonal workers;
- Household workers.
The above mentioned employees are free to access to the domestic employment market without limitations.
Therefore employers who intend to hire Croatian employees belonging to one of the above mentioned categories, will have to follow only ordinary fulfilments foreseen by the enforced employment laws, submitting the hiring communication to relevant authorities under the rules stated by the Ministry of Employment and Social Policies Decree dated October 30th 2007.
Applications for "non impediment forms" already submitted to authorities pertaining liberalised categories will be set aside ad any regularization's procedure.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.