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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Croatia (RATIFICATION: 1991)

Other comments on C087

Observation

Direct Request

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The Committee notes the observations of the Independent Trade Unions of Croatia (NHS) submitted by the Government, which concern matters addressed by the Committee in this present comment.

The Committee previously requested the Government to reply to the 2018 observations of the International Trade Union Confederation (ITUC) denouncing an increase in the number of injunctions against legal strikes and to the allegations raised by the ITUC, the Union of Autonomous Trade Unions of Croatia (UATUC) and the NHS in 2016, concerning specific instances of intimidation of trade union members and attempts to weaken trade unions by prohibiting trade union activities, withholding union dues and cancelling election of works councils. The Committee notes with regret that the Government provides no information in respect of the above allegations and reiterates its previous request.

Article 2. Right of workers and employers, without distinction whatsoever, to establish and join organizations. In its previous comment, having noted that only adult persons with legal capacity could establish workers’ or employers’ associations, the Committee requested the Government to clarify whether, in a sector with a high prevalence of minors who are allowed to conclude labour contracts, minors could avail themselves of legal procedures to help form a union that includes fewer than the ten adults required under section 171(1) of the Labour Act. The Committee notes the Government’s reiteration that the acquisition of business capacity is linked to the condition of majority and indicates that there are no areas with a high prevalence of minor workers, considering that the Government encourages education and higher education for all citizens. The Government adds that the issue will be further discussed with the social partners. Taking note of the above and recalling that minors who have reached the minimum age for admission to work should be able to exercise their trade union rights, the Committee encourages the Government to consider revising the relevant legislation to this effect, in consultation with the social partners.

The Committee previously noted that the definition of worker in section 4(1) of the Labour Act did not include self-employed workers. In view of the Government’s indication that national legislation provides the right to form and join unions to different categories of self-employed workers, the Committee requested the Government to specify the relevant legislative provisions, as well as those applicable to workers in the informal economy. The Committee notes the Government’s indication that self-employed workers are tradespersons who are natural persons, as are workers in liberal professions. While noting that according to the Government, there is thus no obstacle to the unionization of self-employed persons, the Committee observes that the Government does not refer to any specific legal provisions that grant the rights enshrined in the Convention to self-employed workers and workers in the informal economy. The Committee therefore reiterates its previous request. Should no such legal provisions exist, the Committee requests the Government to consider revising the relevant legislation to include a comprehensive definition of worker, including self-employed workers and workers in the informal economy.

Article 3. Right of workers’ and employers’ organizations to organize their administration. The Committee recalls that, since 1996, it has been commenting on the issue of the distribution of trade union assets and has been requesting the Government to determine the criteria for their division. In its previous comment, the Committee expressed its firm expectation that the Government would take all necessary measures to ensure that an agreement on the distribution of trade union assets would be reached in the near future. The Committee notes the Government’s indication that to resolve this issue, a working group of the Government, which includes trade union representatives, prepared a working draft of the Act on the division of trade unions’ property, which should be finalized during autumn 2023 and subsequently submitted for public consultation. Taking note of the progress made, the Committee expects that the issue of the distribution of trade unions’ property will now be resolved and requests the Government to provide information on developments in this regard, including a copy of the legislation upon enactment.

In its previous comment, having noted the observations of the UATAC and the NHS, which pointed to broad obligations regarding notification of changes in workers’ and employers’ organizations under the Ordinance on the Content and the Manner of Keeping the Register of Associations No. 32/15, the Committee requested the Government to provide its observations thereon and to review the application of the different procedures used to notify organizational changes with the social partners. The Government indicates that to further reduce the burden on the procedure, it abolished the payment of the administrative fee required under section 180 of the Labour Act. While welcoming the Government’s efforts, the Committee notes that it does not provide any information on the procedure applicable under the Ordinance, which the trade unions considered overly broad. The Committee therefore requests the Government to provide information in this respect and encourages it to continue to discuss with the social partners ways of simplifying the procedure regarding notification of organizational changes under the applicable legislation.

Right of workers’ and employers’ organizations to organize their activities and formulate their programmes. The Committee notes the NHS allegation that, in relation to disputes on the conclusion, amendment and renewal of a collective agreement, only representative trade unions that negotiated the collective agreement can call and undertake a strike, leaving aside unions which are not representative, which have not participated in collective bargaining or which obtained their representative status after the conclusion of the collective agreement (section 205(2) of the Labour Act). The Committee observes, however, that, besides strikes in relation to collective agreements, section 205(1) and (5) of the Labour Act allow trade unions, irrespective of their representativity, to call a strike in order to protect and promote the economic and social interests of their members, in case of non-payment of remuneration or compensation and in case of solidarity strikes. The Committee further notes the NHS allegation that the Labour Act does not recognize the right to strike for higher-level trade unions (confederations) and that there is no legal framework for organizing and undertaking a general strike. The Committee observes, however, that, in line with section 168 of the Act, higher-level associations enjoy all rights and freedoms guaranteed to associations. The Committee therefore trusts that the right to strike, as an essential means for trade unions to defend the interests of their members, can be exercised by organizations at all levels, including higher-level workers’ organizations. Noting that the legislative protection exists to some extent, the Committee requests the Government to clarify the scope of the right to strike under law and to provide information on the exercise of the right to strike in practice, responding in the context of the NHS allegations.

Article 4. Administrative dissolution. Distribution of assets. The Committee previously requested the Government to repeal section 182(3) of the Labour Act, which provides that in the event of dissolution of an association its assets could not be allocated to its members. Noting the Government’s indication that the amendment of section 182(3) of the Labour Act will be discussed with the social partners as part of possible amendments to the legislation, the Committee expects that the provision will be repealed in line with the Convention and requests the Government to provide information on any progress made in this respect.