EMPLOYMENT PROTECTION LAW - TEMPORARY AND CASUAL SEASONAL WORK IN AGRICULTURE -

1. MINISTRY OF LABOR AND PENSION SYSTEM EMPLOYMENT PROTECTION LAW- TEMPORARY AND CASUAL SEASONAL WORK IN AGRICULTURE - Zagreb, 26 September 2016

2. WHY DO WE REGULATE THIS TYPE OF EMPLOYMENT? • Agricultural work is dependant on climate conditions • For this reason, this type of employment was expensive for employers, because they were generally required to pay full month, while the number of actual working days was only few days (5 days, for example ) • This was one of the reasons as to why employers were turning toward “informal” employment. Labor inspectors used to detect and punish informal employment, which had negative effects on employees and employers

3. OUR TASK • To simplify temporary and casual employment in agriculture (day work), by using vouchers to pay seasonal workers; purchased vouchers include social contributions • To formalize a significant segment of the existing “informal labor market” and make it easier to employ seasonal workers

4. CONDITIONS AND LENGTH • A seasonal worker can be employed for 90 days per calendar year, seasonal work does not have to be performed continuously; seasonal employment agreement is concluded by adding a vouchers in the agreement/ booklet • The work performed in continuity which does not directly depend on weather conditions shall not be considered temporary or casual seasonal work in agriculture, and therefore, the provisions of this law shall not apply. Instead, the employment agreement for a definite or indefinite time shall apply.

5. VOUCHERS AND THE BOOKLET FOR SEASONAL WORKERS • In 2016, the value of daily voucher with pension insurance contribution (I andII pillar), health and safety at work contribution and employment contribution is 20.82 kn • Agreement for seasonal employment in agriculture (booklet with the cover page, back page, first page and 30 middle pages) is a paper form - USP-1 • Voucher submission and acceptance shall be deemed that a seasonal worker and employer agree with the content of the agreement • During the work, a seasonal worker is required to have the seasonal employment agreement - USP-1 Form

6. ELEMENTS OF THE AGREEMENT • Workday of a seasonal worker in agriculture may not be longer than 12 hours • A seasonal worker in agriculture shall be entitled to a minimum 30-minute break in each workday, if work is more than 6 hours per day • A seasonal worker in agriculture shall be entitled to an interrupted daily rest period of not less than 12 consecutive hours in each 24-hour period

7. ELEMENTS OF THE AGREEMENT • A seasonal worker in agriculture is entitled to an interrupted weekly rest period of not less than 24 consecutive hours in each seven-day period. Daily rest period referred to in Item 2.2 is added to a weekly rest period • A minimum daily wage paid by employer to a seasonal worker who performs temporary or casual work in agriculture in 2016, may not be lower than 72.95 kn • The method of payment is envisaged in the agreement

8. STATISTICS • In2012, a total of325,295 vouchers were sold to3,363 legal entities(large employers 27.3%, small and medium employers 72.7%), of which 98.6% for work in the field of cropproduction, 1% fisheries and animal husbandry 0.4% • In2013, a total of517,183 vouchers were sold to3,371legal entities(large employers32.73%, small and medium employers67.3%), of which 96% for work in the field of cropproduction, 3.4% fisheries and animal husbandry 0.6% • In2014, a total of493,672 vouchers were sold to2,703 legal entities(large employers35.7%, small and medium employers64.3%), of which 94% for work in the field of cropproduction, 4.7% fisheries and animal husbandry 1.3% • In2015, a total of469,672 vouchers were sold to2,324 legal entities(large employers28.1%, small and medium employers71.9%), of which 91.6% for work in the field of cropproduction, 6.2% fisheries and animal husbandry 2.2%

9. STATISTICS • Inthe first eight months of 2016, a total of 289,148vouchers were sold to 1,329 legal entities(large employers26.4%, small and medium employers3,6%), of which 90.8%for work in the field of crop production,6%fisheries and 3.1%animal husbandry. • In the same period, a total of 15,594 agreements of seasonal work in agriculture were sold • Agreements of work in agriculture can be carried over from previous years. Since 2012, a total of 171,594 agreements on seasonal employment in agriculture and 1,805,822 vouchers have been sold.

10. USP-1 FORM(Cover page and first page of the agreement) Agreement for seasonal employment in agriculture in the year _______ Information about a seasonal worker in agriculture Name, family name, personal ID, residence (address) Voucher system Agreement for seasonal employment in agriculture

11. USP-1 FORM(30 pages of the agreement) Day, month and year of work Name, registered headquarters and ID of employer Daily pay, amount, payment deadline, payment method, space for vouchers

12. USP-1 FORM(the last page of the agreement) • 1. Maximum length of workday • 1. Workday of a seasonal worker in agriculture should not be longer than 12 hours. • 2. Breaks, daily and weekly rest of seasonal worker in agriculture • 1. A seasonal worker in agriculture shall be entitled to a minimum 30-minute break in each workday, if work is more than 6 hours per day • 2. A seasonal worker in agriculture is entitled to an interrupted daily rest period of not less than 24 consecutive hours in each 24-hour period • 3. A seasonal worker in agriculture is entitled to an interrupted weekly rest period of not less than 24 consecutive hours in each seven-day period. Daily rest period referred to in Item 2.2 is added to a weekly rest period • 3. Maximum length of employment of a seasonal worker in agriculture is 90 days during the calendar year

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