DISCRIMINATION IN A CROSS -NATIONAL PERSPECTIVE : LABOUR AND SOCIAL DISCRIMINATION OF MIGRANT WORKERS IN THE REPUBLIC OF CROATIA

The Republic of Croatia was traditionally a country of labour emigration and only in the last decade has it become a country of labour destination, mainly for migrants from the region. The overall migration rate remains low if compared to traditional migration countries. Still, laws, regulations and administrative provisions have to ensure equality in access to labour and social rights and must prevent, as far as possible, discrimination of migrants. Despite EU membership, national laws are not fully aligned with the legal obligations arising from international human rights treaties, the EU migration acquis and the Stabilisation and Association Agreements with the EU candidate countries. This paper focuses on legal research to determine whether discriminatory provisions in national labour and social law, particularly relating to third-country nationals and seasonal workers, are preventing higher labour market participation and limiting migrants’ labour mobility within the national market. In addition, the research attempts to answer the question whether the current legal provisions impede migrant workers’ access to social rights and full local integration in the Republic of Croatia. The main research method is qualitative research of existing laws, regulations and administrative provisions. The findings can be summarised in three categories: 1. Croatian legislation has several areas of unequal treatment of migrants and their family members that can result in discrimination; 2. national social legislation precludes certain categories of migrants from full access to social rights, thus obstructing their local integration; 3. currently, several categories of migrant workers do not enjoy internal labour mobility