1. FULL-TIME STUDENTS’ EMPLOYMENT IN CROATIA: STUDENTS AS THE MOST DESIRABLE WORKFORCE Međunarodna znanstvena konferencija Opravdanost zapošljavanja mladih u atipičnim oblicima rada, Pravni fakultet u Rijeci, 12. svibnja 2017.
Izv. prof. dr. sc. Sandra Laleta
Pravni fakultet Sveučilišta u Rijeci
* Ovaj je rad financirala Hrvatska zaklada za znanost projektom UIP Fleksigurnost i novi oblici rada (izazovi modernizacije hrvatskog radnog prava).

2. Employment of full-time students in Croatia
Based on a contract for services
Full-time students = self-employed persons
Statistical data:
in 2013/2014 – students employed by the Students administration offices (Studentski centar) → 65 % of the total number of f-t students → 966 million Kuna
economic advantages for Croatian employers
a new tax reform (2017.)
→ Working group: a proposal of a new act on employment and work of pupils and students … to be regulated “in a systematic and integrated way” + “temporary nature of the work”
→ too broad use of students’ work?

3. Contract for services
Work of students: often has the characteristics of work that should be performed based on the employment contract
False self-employment?
Comparison with the regulation in other countries
Students work in Germany:
Students are employees
Instructions by a third person
A relationship of a personal dependence
The purpose of receiving a remuneration ↔ volunteering or practical work
Criterion of the personal dependence
Regulated by the general labour-law provisions
Usually, fixed term contract: valid reason

4. Legal sources that regulate students’ work in Croatia
The Scientific Activity and Higher Education Act (Art. 88/1) (Zakon o znanstvenoj djelatnosti i visokom obrazovanju)
The Regulation on intermediaries for employment of full-time students (Pravilnik o posredovanju pri zapošljavanju redovitih studenata):
Intermediaries: 13 Students’ administration offices (by the univerisities)
The general rules and conditions + job price list + register
The Pension Insurance Act (Zakon o mirovinskom osiguranju) + Contributions Act (Zakon o doprinosima)

5. Student has an “employer”
The main characteristics of the contract for services with the full-time student
Contract should be concluded under intermediation of the Students administrative office
Student has an “employer”
The arrangement of students work – a relic of the past:
Contract for services = “ the legal possibility of performing work that has all or most of the characteristics of employment relationship, but without concluding an employment contract”,
“an exception that is allowed because it often contributes to the interests of the students and their parents, as well as interests of students’ administrative offices”

6. The characteristics of work performed by full-time students in Croatia
The analysis of the general terms and conditions (Students adm. off.) → elements of an employment relationship:
Students perform work according to the instructions + direct surveillance and control of the employer
Employer provides the working + health and safety at work protection equipment
Additionally paid: night-work, work on Sundays, or public holidays
Temporary work / on-call work

7. List of job offers and working conditions (Students admin. off.)
working time → often:
“6 or 8 hours per day”;
“4-5 hours per day”,
“120 hours monthly”,
“5 or 6 days a week”,
“possibly full-time work”, “work on weekends included”, “night work (paid additionally)”,
“depending on the time of lectures or exams, in July and August 40 hours per week, with the possibility of two weeks free of work in August”
→ full-time work or part-time work, even with a sort of “paid leave”

8. List of job offers and working conditions (Students admin. off.)
period of employment: often, “for a longer period of time”, “3 months”, “6 months”, “in April”, “more months” (više mjeseci), “from May until September”
special attention: health and safety at work risks, e.g. in the cleaning sector, particularly in hospitals and similar institutions:
students wash the laboratory dishes and equipment, clean the laboratories and ambulances; transport dirty laundry and collect garbage that could be contagious …
students: a substitution for the core workforce that was dismissed or has not been employed (decision which prohibits new employment in public services and governmental bodies enacted in 2014)
Conclusion: the employment of full-time students in Croatia should be regulated in a way that guarantees more rights to students according to the nature of the work they perform
Thank you for your attention!