Labour market integration of asylum seekers and refugees. Croatia

Labour market integration of asylum seekers and refugees Croatia Written by Zdenko Babić April 2016

EUROPEAN COMMISSION Directorate-General for Employment, Social Affairs and Inclusion Unit A1 Employment and Social Aspects of the European Semester E-mail: empl-a1-unit@ec.europa.eu European Commission B-1049 Brussels

EUROPEAN COMMISSION Labour market integration of asylum seekers and refugees Croatia April, 2016 Directorate-General for Employment, Social Affairs and Inclusion European Employment Policy Observatory

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Summary table on support available to (a) asylum seekers; (b) refugees; and (c) third country nationals (TCN) in Croatia (underlining of the answer denotes that the provision is problematic) Refugees Asylum Seekers Third Country Nationals Recipients of Subsidiary Protection Is the PES involved in the labour market integration of (a) asylum seekers (b) refugees (c) third country nationals (TCN)? Do (a) asylum seekers, (b) refugees and (c) TCN have access to: Hiring subsidies Yes No Yes Yes Yes No Yes Yes Start-up (selfemployment) support Yes No Yes Yes On-the-job training Yes No Yes Yes Other labour market integration support? Yes No Yes Yes Is there a systematic mentorship scheme in place for (a) asylum seekers (b) refugees and (c) TCN? Are (a) refugees, (b) asylum seekers and (c) TCN eligible to receive unemployment benefits or unemployment assistance? Are benefits that are generally received by (a) refugees, (b) by asylum seekers (if applicable) and (c) TCN, conditional on job search requirements/activation? Does the support provided to (a) asylum seekers, (b) refugees (c) TCN end as soon as they get a job? Yes No No Yes Yes Yes Yes Yes No No No No No No No No April, 2016 1

Please specify which services asylum seekers or refugees have access to that other TCN do not have access to. Integration support Information, legal counselling and free legal aid N/A Integration support 1 What is the role of PES in integrating (a) (some 1 ) asylum seekers 2 and (b) refugees 3? If the PES is not involved, is there another agency dealing with the labour market integration of migrants? Does the support offered differ according to different factors (e.g. socio-demographic characteristics, family circumstances, host country language skills etc.)? Does the support differ according to the skill level of the target group? Are there specific programmes for these target groups? To what extent do these target groups benefit from measures for broader target groups? The Act on International and Temporary Protection (OG 70/2015) regulates the procedures, rights and obligations of international protection seekers, including asylum seekers, subsidiary protection seekers and temporary protection seekers. The Act, adopted in 2015, replaced the previous Act on Asylum and further aligned regulations on international and temporary protection with the EU acquis, as well as widening the scope of rights of protection seekers in Croatia. The Ministry of Interior is the main body responsible for the implementation of the Migration Strategy of the Republic of Croatia 2013-2015 4, adopted in 2013. One of the Migration Strategy measures focused on facilitating integration was the development of the single Government body responsible for the coordination of all stakeholders engaged in the integration of asylees and foreigners under subsidiary protection, including ministries, NGOs and other stakeholders. The Government Standing Committee for the implementation of the integration of foreigners into Croatian society has been established in 2013 under the Office for Human Rights and the Rights of National Minorities 5. The Committee has appointed ad hoc working groups to tackle specific problems related to the integration of foreigners in Croatian society. The Action plan to remove obstacles to the exercise of certain rights in the area of integration of foreigners has been developed for the period 2013-2015. The Action plan introduced measures tackling issues structured into six main areas: Social care and health protection; Accommodation and housing; Language learning and education; Employment; Inter-agency cooperation; 1 The reasoning for including (some) is that there is no requirement by the EU that asylum seekers are included in integration policies. 2 Persons who have applied for international humanitarian protection but have not been granted it yet. 3 Covers all beneficiaries of international humanitarian protection both refugees and subsidiary protection. 4 Available at: http://www.mup.hr/userdocsimages/minstarstvo/2013/migracijska%20 POLITIKA%202013-2015.pdf (in Croatian) 5 Available at: https://ljudskaprava.gov.hr/ April, 2016 2

Raising awareness on the issue of asylum seekers and foreigners under subsidiary protection. The Croatian Employment Service (CES) is responsible for the implementation of measures related to the employment of foreigners, with special emphasis on asylees and foreigners under subsidiary protection. The Act on Mediation in Employment and Rights during Unemployment (OG 80/08, 94/09, 121/10, 25/12, 118/12, 12/13, 153/13) stipulates that asylees and foreigners under subsidiary protection can register at the CES and their rights and obligations are equal to those of Croatian citizens. According to Croatian Employment Service data, there were a total of 33 unemployed asylees registered at the CES on 31 December 2014. Over the course of the year of 2014, 44 asylees were included in individual consultancy activities, while only one asylee was included in an ALMP measure. While the persons who were awarded with the status of asylee or subsidiary protection have the same rights as Croatian citizens, seekers of international protection, however, are not allowed to work in Croatia until their status of asylees or foreigners under subsidiary protection is approved, when their rights on the labour market become equal to those of Croatian citizens. Exceptionally, if the processing of their request for protection takes more than nine months, seekers of international protection are allowed to seek employment. 2 How does the support provided to (a) (some) asylum seekers and (b) refugees compare to other categories of migrants (third country nationals)? While the rights and obligations of international protection seekers are regulated by the Act on International and Temporary Protection, the rights and obligations of persons falling into other categories of migrants, including third country nationals, are regulated by the Act on Foreigners (OG 130/11, 74/13). International or temporary protection seekers have the following rights: Residence; Freedom of movement in the Republic of Croatia; Adequate material conditions of admission; Healthcare; Primary and secondary education; Information, legal counselling and free legal aid; Freedom of religion; Work 6 ; Identification documents, in line with provisions of the Act. When it comes to the rights of other migrants, foreigners are allowed to work in Croatia based on residence and work permits, which are a subject to quota regime. The Ministry of Interior is responsible for the determination of annual quotas for the employment of foreigners in Croatia. The Croatian Government annually adopts the decision on annual quota of work permits for the employment of foreigners for the next calendar year. Determined quotas are usually relatively low for 2015 the annual quota for the employment of foreigners in Croatia was set to 1 730 work permits, of which 1 500 permits were related to the prolongation of already issued work permits for foreigners 7. 6 An international or temporary protection seeker is entitled to work when the period of nine months from the date of application for protection has passed and the Ministry of Interior has not made the decision on the application, if the seeker of international protection did not affect the reasons the decision has not been made. 7 Available at: http://narodne-novine.nn.hr/clanci/sluzbeni/2014_12_151_2835.html (in Croatian) April, 2016 3

In order to work in Croatia without a work permit, foreigners need to have approved: Permanent residence; Asylum, subsidiary or temporary protection; Temporary residence for the purpose of family reunification with a Croatian citizen, foreigner with permanent residence, asylee or foreigners under subsidiary or temporary protection; Temporary residence for humanitarian reasons; Autonomous residence; Status of regular pupil or student, in cases where work activities are performed through authorised intermediaries, without employment; Temporary residence with the purpose of scientific research. Therefore, seekers of international protection are, in theory, granted with a wider scope of support than other migrants. In addition, when their protection status or temporary residence are granted, foreigners under international protection gain wider rights compared to foreigners with temporary residence and are provided with integration support. This primarily includes free learning of the Croatian language, history and culture, free legal aid, as well as accommodation and an allowance awarded based on their material status. 3 Do (a) asylum seekers, (b) refugees and (c) other thirdcountry migrants have access to other ALMPs such as: Hiring subsidies, Start-up (self-employment) support On-the-job training Other labour market integration support? International protection seekers do not have access to active labour market policy measures. However, when they are awarded the status of person under international protection, or in the case where processing of their applications takes more than nine months, they acquire the same rights as Croatian citizens, which also includes access to labour market policies. In the case of other migrants, they become entitled to participation in labour market policy measures when they are awarded with temporary residence and register at the Croatian Employment Service as unemployed persons. In February 2015, the Croatian Employment Service 8 introduced the package of ALMP measures Specificity is also an advantage [I posebnost je prednost], aimed towards facilitating employment of vulnerable groups, including asylees and persons under subsidiary protection. The package includes the measure Preparation for employment through the learning of the Croatian language" [Priprema za zapošljavanje kroz učenje hrvatskog jezika] intended for asylum seekers and foreigners under subsidiary protection. The objectives of this measure include activation, motivation and involvement of asylees and persons under subsidiary protection in Croatian language learning programmes. Beneficiaries of the measure are entitled to financial assistance amounting to the minimum financial compensation in proportion to the number of days they attend, the actual cost of public transportation for the days they attend, health insurance costs and a special contribution to the protection of health and safety at the rate of 0.5 %. 4 What are the concrete obstacles/challenges faced by (a) asylum seekers and (b) refugees in successfully integrating into the labour market? The main obstacle to the successful integration of asylees and refugees into Croatian society, as well as into the labour market, is the lack of opportunities to learn the 8 ALMP measures available at: http://www.hzz.hr/default.aspx?id=11697 (in Croatian) April, 2016 4

Croatian language for adults, especially those located outside the City of Zagreb. The Ministry of Science, Education and Sports developed the Curriculum and Programme of Croatian language learning of asylum seekers, asylees and foreigners under subsidiary protection over the age of 15 in 2012, with the aim of ensuring their access to secondary education and the adult education system. However, significant difficulties have been recorded in the procedure of access of foreigners into the education system, given their lack of knowledge of the Croatian language and lack of courses held. In 2014, most of the courses held were organised by the Croatian Red Cross (however only in Zagreb), which also organised other integration activities (including job seeking), which were used by a total of 67 beneficiaries. The Ministry of Science, Education and Sports has developed the Programme for learning of Croatian language, history and culture for asylees and foreigners under subsidiary protection for their inclusion into Croatian society, which was adopted in 2014 (OG 154/14). The language tuition is offered at level A1 according to the Programme for learning of Croatian language developed by The Ministry of Science, Education and Sports in 2014. 9 Unlike the programme from 2012, which aimed at integration in the education system, the programme is oriented towards successful integration into Croatian society. In 2015, the Ministry of Science, Education and Sports has concluded contracts on implementation of the educational programmes with the education institutions in Zagreb, Velika Gorica, Kutina, Pula and Poreč. However, there is currently no publicly available data on implementation of the programme or the number of persons attending the programmes. The Centre for Peace Studies 10 recognises several main problems which are influencing the success of integration of foreigners into Croatian society, which primarily include discrimination of migrants, restrictive integration and migration policies, emphasis on security rather than on human and legal aspects of migrations, lack of coordination between competent institutions, underdeveloped integration policies and lack of public awareness of the issue of migrants in Croatia. 5 Is there a systematic mentorship scheme in place for (a) asylum seekers and (b) refugees integrating into the labour market (and/or society more generally)? The Act on International and Temporary Protection stipulates that asylees and foreigners under subsidiary protection have the right to support in the integration process for a maximum duration of three years. The support includes development of the individual integration plan, taking into account the individual needs, knowledge, capabilities and skills of the beneficiary, provision of support in the achievement of the developed integration plan, as well as monitoring of the execution of the integration plan. The Ministry of Interior is responsible for monitoring the execution of the plan. However, there is currently no publicly available data on the obligatory content of the integration plan, number of persons using this form of support, nor the level of success in the execution of individual Integration Plans in Croatia. In addition, the Act on International and Temporary Protection does not stipulate which institution is responsible for the development of individual integration plans. In addition, there are experts at the social welfare centres appointed to work on the integration of foreigners. Regardless of whether the asylee or person under subsidiary protection is a beneficiary of the social welfare system, he/she can seek advice or additional information at the social welfare centres. The experts responsible for the integration of foreigners provide assistance to the persons under international protection 9 Available at: public.mzos.hr/fgs.axd?id=22456 (in Croatian) 10 Available at: http://www.cms.hr/hr/vise-o-programima/azil April, 2016 5

in the process of finding work and solving the problems they encounter during the integration process. 6 Are (a) refugees and (b) (if applicable) asylum seekers eligible to receive unemployment benefits or unemployment assistance? 11 All seekers of international protection in Croatia have the right to accommodation in centres for asylum seekers, food and clothes ensured in kind, compensation for transport costs for the purpose of the international protection approval procedure and financial aid if they do not have sufficient funds. The Centre for Asylum Seekers makes the decision as to whether the seeker has the right to financial aid, while the amount of the financial aid is determined by the Regulation on the exercise of material conditions of admission (OG 135/15), developed by the Ministry of Interior. Regulations and calculations are based on the amount of minimum guaranteed compensation defined by the Social Welfare Act (OG 157/13, 152/14, 99/15) and accompanying social welfare regulations. Unemployment benefits in Croatia are insurance based, so only after asylum seekers have fulfilled the condition of a minimum of nine months in employment in the last two years will s/he be eligible for unemployment benefits in Croatia. 7 In what ways are benefits that are generally received by (a) refugees and (b) by asylum seekers (if applicable), conditional on job search requirements/activation? Financial aid available to seekers of international or temporary protection is regulated by the relevant regulation in the area of international protection and social welfare and are not conditional on either activation or job search, but the amount of minimum income which has been determined as the income that ensures basic living needs of single persons or households which do not have enough resources to cover their basic living needs. In addition, international protection seekers cannot exercise the right to work in Croatia, until their request for protection is granted, or if the time period from their application is lower than nine months (in cases where the decision has not been made yet).as in the case of Croatian citizens, unemployment benefits granted to foreigners are conditional on job search requirements/activation, as stipulated by the CES regulation and the Act on Employment Regulation and Unemployment Rights. 8 Does the support provided to the (a) asylum seekers, (b) refugees and (c) other migrants end as soon as they get a job or does it continue for a while during the first phase of their employment? If yes, what support continues? The Act on International and Temporary Protection regulates principles, conditions and the procedure for the approval of international protection and temporary protection status, as well a rights and obligations for international protection and asylum seekers. The aforementioned Act stipulates that persons who are granted asylum have the same social rights as Croatian citizens. They have the right to work (in cases when the asylum procedure is not completed in nine months from the day of application, the asylum seeker has the right to work in Croatia without a work permit), health insurance, education, as well as social protection rights like housing, social assistance etc. Also, within the new ALMP programmes, several measures have been directed towards asylees and foreigners under subsidiary protection to help them find employment. 11 As regards unemployment benefits, Dir 2011/98 Art 12 (1) e obliges MSs to provide equal treatment to all TCNs except asylum seekers and as regards refugees there is also the legal obligation to provide equal treatment under Qualifications Directive 2011/95 April, 2016 6

Asylum seekers and foreigners under subsidiary protection are entitled to social welfare in accordance with the regulations governing the social welfare of Croatian citizens. The new Social Welfare Act from 2014 introduced a transitional period of three months for social assistance beneficiaries. When they find employment, social assistance beneficiaries will not lose 100 % of their benefits at once; their benefits will be gradually phased out over three months. In other words, in addition to the wage, they receive 100 %, 75 % and 50 % of benefits in the first, second and third month after employment respectively. The same applies to newly employed asylees and persons under subsidiary protection who have previously been receiving social assistance. Asylees and persons under subsidiary protection can also participate in different programmes provided by several NGOs after employment as well, in order to improve their Croatian language skills and learn about the Croatian culture and therefore foster their integration into the society. 9 To what extent are social partners systematically involved in (a) labour market integration service provision and/or (b) labour market integration service/policy definition and design? The social partners are involved in the definition and design of labour market integration policy but they are currently less involved in the provision of services. The Guidelines for the Development and Implementation of Active Labour Market Policy in Croatia for the period 2015-2017 12, adopted by the Government in December 2014, further confirms the involvement of social partners in the ALMP design and planning. Moreover, the social partners (trade unions and Croatian Employers Association) are members of the Managing Board, which is the main governing body of the Croatian Employment Service. That gives them opportunities to be directly or indirectly involved not only in ALMP design and planning, but also to suggest improvements in ALMP and labour market integration service provision. 10 To what extent is the labour market integration of refugees well-coordinated within the country? Do employment agencies and asylum authorities coordinate? Almost all asylum seekers in Croatia are concentrated in the City of Zagreb and the surrounding region. This probably explains why the Zagreb Regional Office of the Croatian Employment Service and NGOs in Zagreb developed a coordinated approach towards labour market integration and social integration of refugees. According to the available information, there are no similar activities in other regions of Croatia. In 2013, the Government of Croatia adopted the Action plan to remove obstacles to the exercise of certain rights in the area of integration of foreigners 2013 2015. 13 Its implementation brought about improved communication and coordination in the area of asylum integration policy between the Croatian Employment Service, Ministry of Labour and Pension System, Ministry of Science, Education and Sports and Ministry of Interior. 12 Available at: http://www.mrms.hr/wp-content/uploads/2015/02/smjernica-apz.pdf (in Croatian) 13 Available at: https://vlada.gov.hr/userdocsimages//sjednice/arhiva//105.%20-%207.pdf (in Croatian) April, 2016 7

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