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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Croatia (RATIFICATION: 1991)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Government refers to: (1) the preparation of the National Plan for Combatting Sexual Violence and Sexual Harassment 2022–27 and the corresponding Action Plan 2022–24, which the Committee notes were adopted in June 2023 according to information publicly available; and (2) the establishment of a working group to revise the Protocol on the procedure for cases of sexual harassment, to facilitate proceedings in cases of sexual harassment at work. The Committee asks the Government to provide information on: (i) the measures taken to implement the National Plan for Combating Sexual Violence and Sexual Harassment 2022–27 and its Action Plan 2022–24 in relation to the prevention and elimination of sexual harassment at work, and the results achieved; (ii) any progress on the review of the Protocol on procedure for cases of sexual harassment; and (iii) any other measures undertaken to raise awareness on sexual harassment, including those undertaken in cooperation with workers’ and employers’ organizations. The Committee asks again the Government to provide information on the number of cases of sexual harassment at work that have been dealt with by the competent authorities, the sanctions imposed, and the remedies granted.

Article 2. Equal opportunity and treatment of persons with disabilities. The Committee welcomes the information provided by the Government about several changes in legislation adopted in 2018 to improve the funding and increase the services offered by vocational rehabilitation centres. The Committee also welcomes the detailed information provided by the Government on the counselling and information services provided for the employment, vocational rehabilitation, and career development of persons with disabilities, including the development of personalised plans for vocational education and rehabilitation tailored to their skills, interest, previous knowledge, and health-related needs. The Committee also takes note of the Government’s indication that: (1) in 2021, 1,560 persons with disabilities were involved in active labour market measures, 895 were involved in vocational rehabilitation services, 11,694 were employed through the quota employment system, and 630 employers received incentives for the employment of persons with disabilities; (2) annually, around 1,500 persons with disabilities participate in active labour market measures, and around 3.000 are employed; and 3) between 2019 and 2021, the labour inspection treated 21 proceedings – 6 of which were upheld – concerning the violation of the right of preference for employment of candidates with disabilities, and submitted 4 indictments to courts. In this regard, the Committee refers to its comments published in 2018 on the implementation of Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159).

Article 2. National equality policy. The Government provides information about measures adopted in the framework of the National Anti-Discrimination Plan 2017–22, including the provision of online training directed to union employees, human resource experts, company managers, and workers' representatives to inform them of the existing regulatory framework, their responsibility to create a work environment free from discrimination and the duty to protect the dignity of workers. The Committee notes that, on 30 March 2023, the Government adopted the National Plan for the Protection and Promotion of Human Rights and the Suppression of Discrimination 2023–27 and its corresponding action plan, which includes the objectives to improve the prevention of discrimination and provide support to victims of discrimination as well as to strengthen awareness of the importance of fighting racism, xenophobia, and other forms of intolerance. The Committee requests the Government to provide information on the results obtained to date in relation to employment and occupation, including recruitment, through: (i) the National Anti-Discrimination Plan 2017–22 and its respective action plan; and (ii) the National Plan for the Protection and Promotion of Human Rights and the Suppression of Discrimination 2023-2027 and its respective action plan.

Article 3(a). Cooperation with workers’ and employers’ organizations. Recalling that the Anti-Discrimination Act provides for consultation by the Ombudsperson with the social partners when preparing regular reports and issuing opinions and recommendations (section 15(1)), the Committee notes that the Annual Report of the Ombudsperson for 2018 does not refer to such consultations. The Committee once again asks the Government to provide information on: (i) any consultation exercises held under the Anti-Discrimination Act and information on the issues addressed; and, (ii) any additional cooperation with workers’ and employers’ organizations as regards discrimination in employment and occupation.

Article 3(d). Access of national minorities to employment under the control of a national authority. The Government underlines that, as of 31 December 2021, 3.03 per cent of state administration employees belong to national minorities, and informs that: (1) article 22(4) of the Constitutional Act on the Rights of National Minorities (CARNM) prescribes foresees that, in the filling of positions in state administration and judicial and administrative bodies, representatives of national minorities have preference under equal conditions; (2) in 2021, out of 116 candidates who invoked their right of preference, 14 were employed; (3) the Ministry of Justice and Public administration controls that post vacancies include information on the right of preference; (4) the exercise of such right does not entail the obligation to provide evidence of belonging to a national minority. Regarding the recruitment of national minorities through the Civil Service Employment Plan, the Government explains that the Civil Service Employment Plan for 2021 has not been adopted yet due to budgetary restrictions. The Committee asks the Government to continue to provide information on the measures taken to include national minorities in the civil service and to continue providing information on the ethnic composition of the civil service.

Enforcement. Regarding the application in practice of the relevant legislative provisions and the role of labour inspectors in undertaking awareness-raising activities, the Government informs that: (1) the mandate of the labour inspection does not include advising or conducting campaigns or awareness-raising; (2) in 2021, five indictments for reasonable suspicion of harassment, sexual harassment and protection against victimisation were submitted to court by labour inspectors ; (3) in 2019, 24 verbal warnings were issued ordering employers to adopt and publish labour regulations, which shall include measures to protect workers against discrimination; and (4) according to article 134 of the Labour Act, data laid down in the workplace procedure for the protection of the dignity of workers is confidential. The Committee asks the Government to: (i) provide information regarding any measures adopted by the relevant bodies to promote public awareness on the elimination of discrimination in employment and occupation, in particular on the available procedures and remedies; and (ii) continue providing data on the number of cases of discrimination in employment and occupation treated by the competent authorities, as well as the sanctions imposed and remedies granted. The Committee asks again the Government to inform of any steps taken or envisaged to ensure that the Office for Gender Equality and the Ombud for Gender Equality have sufficient resources to achieve their full mission.