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Previous comments: C.102 direct request, C.121 direct request

In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 102 and 121 together.
Part XIII (common provisions). Article 71(2) of Convention No. 102. Total of insurance contributions borne by employees. The Committee takes note of the information that benefits from pension insurance scheme concerning old age, disability and survivors’ benefits, including benefits for occupational injury or occupational disease, are financed (under the pay-as-you-go and individual capitalization schemes) by the insurance contributions borne by employees protected. These contributions constituted, in 2022, 61.1 per cent of the total of the financial resources in the pension insurance. The Committee also takes note that no contribution shall be borne by employees as to unemployment benefits. The Committee wishes to recall once more that financial resources constituted by the insurance contributions of employees protected should not exceed 50 per cent of the total resources allocated to finance benefits to the protection of employees and their wives and children, under all the social security branches accepted. In this context, the Committee once again requests the Government to indicate in a detailed and clear manner the percentage of the financial resources borne by contributions of employees allocated to social security benefits provided under each branch of the Convention accepted by Croatia, as well as the overall share of employees’ contributions considering the entirety of all accepted branches.
Article 16 of Convention No. 121. Benefit for the constant help of another person. The Committee takes note of the information that, within the framework of the social welfare system, rights to benefits related to the assistance and care of another person may be provided to persons with disabilities under the following schemes: (i) full (third degree of severity) or partial (second degree of severity) allowance for assistance and care for persons who need help and care from another person in organising their daily life due to their disability; (ii) personal disability benefits, paid to a person with high degree of disability (fourth degree of severity); and (iii) compensation paid directly to the caregiver of persons that are completely dependent or have several types of impairments of the fourth degree of severity. The Committee also takes note that the Personal Assistance Act that entered into force in July 2023, established a normative framework to guarantee personal assistance services to persons with different types of disabilities. The Committee takes due note of this information and requests the Government to provide a copy of the new legislation.

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Previous comments

Articles 14(3), (4) and (5) of the Convention. Periodical payments in case of partial permanent incapacity. The Government indicates in its report that compensations for physical impairment and disability pension are not related, and are calculated and paid independently. The Committee observes that, according to sections 39 and 56 of the Pension Insurance Act, a disability pension due to a permanent partial disability resulting from an employment injury is paid only when a minimum degree of incapacity of at least 51 per cent is attained and is calculated in a percentage applied to the worker’s previous insured earnings. The Government further indicates that, on the other hand, compensation allowance is paid monthly due to a physical impairment of at least 30 per cent, caused by an occupational injury or disease, regardless of whether it led to the onset of a permanent disability. According to the table established by section 63 of the Pension Insurance Act, such compensation is calculated based on the degree of the impairment. The Committee takes note of the information that workers entitled to compensation due to physical impairment of 30 per cent, 50 per cent and 70 per cent would receive, respectively, €29.85, €49.74, and €69.64, considering a calculation base of €248.72 in 2023, defined by law. The Committee therefore observes that workers who have suffered an employment injury and hold a partial permanent loss of earning capacity less than 51 per cent are not entitled to partial disability pension and, in case they qualify for a compensation due to physical impairment, may only receive this allowance when a minimum of 30 per cent of loss of faculty is assessed.
The Committee concludes that: (i) compensation for physical impairment (loss of faculty) paid when a minimum of 30 per cent of loss of faculty is assessed, is calculated at amounts below the parameters established by Articles 14(3), (5) and 20 of the Convention, related to its Schedule II; (ii) partial permanent disability pension is paid only when a minimum degree of 51 per cent of loss of earning capacity is assessed; and (iii) workers with permanent disability or physical damage assessed at less than 30 per cent do not seem to be entitled to any type of compensation for physical impairment or disability pension.
The Committee wishes to highlight that, according to Article 14(3) and (5) of the Convention, the minimum prescribed degree of partial permanent loss of earning capacity or of faculty, that enables the right to receive periodical cash benefits, shall be prescribed as to avoid hardship, while the level of cash benefits shall represent a suitable proportion of the periodical payment established by Article 20 and Schedule II, in relation to the total permanent incapacity for a standard beneficiary. Moreover, the Committee previously observed that incapacity assessed below 25 per cent could be regarded as not substantial and therefore could be compensated by lump-sum payments. In this context, the Committee requests the Government to take the necessary measures to ensure that workers with loss of earning capacity or corresponding loss of faculty between 30 per cent and 51 per cent, resulting from an employment injury, are entitled to periodical cash benefits calculated in accordance with Articles 14, 20 and Schedule II of the Convention, representing a suitable proportion of cash benefits guaranteed in case of total permanent incapacity. The Committee further requests the Government to state whether any compensatory payments are provided for physical impairment or partial disability assessed at less than 30 per cent, with a view to extending protection to cases of partial but not substantial loss of capacity or faculty, and to ensure that workers suffering such incapacity avoid hardship, in accordance with Articles 14(4) and (5), and 20 of the Convention.
The Committee is raising other issues in a request addressed directly to the Government.

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Article 14(3)–(5) of the Convention. Permanent partial incapacity. In response to the Committee’s previous comments, the Government reiterates that the minimum degree of incapacity for the purpose of exercising the rights arising from pension insurance stands at 51 per cent. The legislation on pension insurance does not establish lump sum payments. However, in case of physical damages following an employment injury and accounting for at least 30 per cent of the employment injury consequences, the victim receives a lifelong supplementary allowance, the amount of which depends on the degree of physical damage and represents a percentage of a base amount established by law (from 140 Croatian kuna (HRK) to HRK468 in 2012).
The Committee observes that, in the current situation, a worker who lost between 30 and 50 per cent of his or her working capacity due to an employment injury would, in accordance with section 56 and following the Act on Pension Insurance, only be entitled to receive the above supplementary allowance for physical damages. The Committee would be grateful if the Government would provide additional explanations concerning the practical implementation of this provision in case of employment injury. It recalls in this respect that the Convention requires periodical payments to be made in case of partial invalidity, defined as a substantial partial loss (usually above 25 per cent) of earning capacity or corresponding loss of faculty, to represent a suitable proportion of the permanent total disability pension. The Committee therefore once again asks the Government to compare the amounts of cash benefits paid to the standard beneficiary with total incapacity to the amounts of all cash benefits received for occupational incapacity of more than 30 per cent, 50 per cent and 70 per cent.
In addition, the Committee requests the Government to indicate the provisions of national legislation guaranteeing that persons who come to lose part of their earning capacity or faculty which is not considered substantial but is in excess of a prescribed degree following an employment injury are allocated a periodical payment or a lump sum.
Article 16. Benefit for the constant help of another person. The Committee again asks the Government to supply details regarding the types of services and cash benefits that may be provided to persons with disabilities who need the constant help of another person through the social welfare system.

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The Committee takes note of the information and statistics provided by the Government in its reports, particularly with respect to Articles 8 and 23 of the Convention, and draws the Government’s attention to the following points.
Article 14(3)–(5) of the Convention. Permanent total and partial incapacity. The Committee recalls that, in accordance with sections 30 and the following of the Act on Pension Insurance of 1998, general inability to work is defined as the permanent loss of the ability to work caused by changes in a person’s health that cannot be cured. Occupational inability to work is defined as a permanent reduction of the ability to work for more than one half (51 per cent or more) as compared to a physically and mentally healthy person of the same or similar education and capacity. General inability to work (corresponding to permanent total disability) and occupational inability to work (corresponding to permanent partial disability) both give right to a disability pension. In addition, in case of physical damage resulting from employment injury and entailing a loss of earning capacity of at least 30 per cent, the victim receives a lifelong allowance the amount of which depends on the degree of physical damage and represents a percentage of a base amount established by law (3,326 Croatian Kuna (HRK) in 2008). However, persons who suffer employment injury entailing less than 30 per cent disability do not have the right to a disability pension or the right to an allowance for physical damage. These persons seem to be excluded from any form of protection against employment injury, because the Croatian social security system does not provide for compensatory lump- sum payments in case of loss of earning capacity which is not considered as substantial. The Committee wishes to recall in this respect that Article 14(4) covers cases of partial loss of earning capacity (usually in the range of 5–30 per cent) which could be considered as not substantial and compensated by a lump-sum payment, if not by a periodical pension. The Committee therefore asks the Government to indicate how it intends to give effect to this provision of the Convention. Please also indicate the percentage above which the permanent loss of working capacity is considered total, and compare the amounts of cash benefits paid to the standard beneficiary with total incapacity to the amounts received for incapacity of more than 30 per cent, 50 per cent and 70 per cent.
Article 14 (in conjunction with Article 19 or 20). Level of periodical payments. The Committee notes the indication in the Government’s report under Convention No. 102 that the level of disability pension in case of total incapacity, together with the family allowance granted to a standard beneficiary, would, if calculated in accordance with Article 19 of Convention No. 121, ensure a replacement rate of 59.53 per cent. Nonetheless, as the amount of the pension would be lower than the minimum pension, the beneficiary would be granted the minimum pension which represents 64.90 per cent of the reference wage, above the 60 per cent required by the Convention. Referring to its comments under Convention No. 102, the Committee wishes to point out that social security schemes complying with the levels of benefits prescribed by the Convention on the basis of the minimum pension guaranteed by the scheme should be assessed with respect to the standard beneficiary selected under Article 20 of the Convention. It therefore invites the Government to include in its next report updated calculations of the level of pension insurance benefits made according to the methodology laid out in Article 20.
Article 16. Benefit for the constant help of another person. The Government reiterates in its report that the allowance for assistance and care by another person was abolished in 1998 as a benefit granted in the framework of the health insurance scheme. It also states that the issue will be regulated by the social welfare regulations, but does not specify the requirements to be met by victims of employment injuries who need the constant help or attendance of another person in order to qualify for supplementary benefit under the social assistance system. The Committee requests that the Government supply this information in its next report, together with explanations concerning the practical implementation of sections 56 and following of the Act on Pension Insurance providing for compensation for physical damage.
Article 18(2). Funeral expenses. According to the report, pursuant to the Basic Health insurance Act of 2006, compensation for funeral expenses is no longer a benefit payable under the basic health insurance scheme. Please indicate how effect is given to this provision of the Convention since the adoption of the above legislation.
Article 22(2). Payment of part of the benefit to dependants. The Committee notes the Government’s indication that when a beneficiary stops receiving a benefit payable under the pension insurance scheme for the reasons mentioned in Article 22(1) of the Convention, no payment is made to the persons maintained by this beneficiary given that a pension is a personal entitlement. The Committee recalls that under this provision of the Convention, where a benefit is suspended, part of it must be paid within prescribed limits to the dependants of the persons concerned. It would therefore ask the Government to explain how effect is given to this provision of the Convention in cases other than those referred to in section 54(9) of the Pensions Act.

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The Committee takes note of the information and statistics provided by the Government in its report and the report on Convention No. 102, particularly those relevant to Article 9, paragraph 3, Article 10 and Article 21. It also notes the Act on Pension Insurance of 1998, an English translation of which was enclosed by the Government.

Article 8 of the Convention. The Committee notes the Act of 1998 concerning the list of occupational diseases. It observes that, as translated by the Office, the list appears not to be fully consistent with the list of occupational diseases (amended in 1980) in Schedule I to the Convention, particularly in respect of the following points.

1. Item 37 of the national list of occupational diseases mentions only fibrosis, pneumonia and asthma as pulmonary diseases caused by hard-metal dust, whereas item 2 in the list appended to the Convention refers to broncho-pulmonary diseases in general.

2. Items 14 and 15 of the list appended to the Convention which refer respectively to diseases caused by fluorine or its toxic compounds and diseases caused by carbon disulfide seem not to be mentioned in the national list.

3. Item 19 of the list appended to the Convention which concerns diseases caused by nitroglycerine or other nitric acid esters seems not to have any equivalent in the national list.

4. The list of activities liable to result in diseases caused by asphyxiants, item 25 in the national list, appears to be more restrictive in its enumeration of substances than the left-hand column of item 21 of the list appended to the Convention.

The Committee hopes that the Government’s next report will indicate that measures have been taken to bring the national list of occupational diseases fully into conformity with that of the Convention regarding the abovementioned points.

Article 14, paragraphs 3 to 5. The Committee recalls that, according to article 34(1) of the Act on Pension Insurance, there is incapacity to work where the insured person undergoes changes in his or her health which cannot be cured and the capacity to work is permanently reduced by more than one half as compared to a physically and mentally healthy person of the same or similar education and capacity. However, the Act appears not to provide for invalidity benefit where the incapacity to work is lower than 50 per cent. The Committee nonetheless notes that, according to sections 56 and following of the Act, a compensational benefit for physical damage is paid where an insured person sustains loss of or serious injury to an organ or body part which makes normal activity more difficult and requires more effort in performance of basic personal activities, regardless of whether or not the damage led to disability. The Committee would be grateful if the Government would provide detailed information on the manner in which effect is given to the abovementioned provisions of the Convention, particularly Article 14, paragraph 3, which provides that in case of substantial partial loss of earning capacity likely to be permanent which is in excess of a prescribed degree, or corresponding loss of faculty, the benefit shall be a periodical payment representing a suitable proportion of that provided for in Article 14, paragraph 2.

Article 16. As the Government states in its report, the Act on Pension Insurance of 1998 no longer provides for supplementary benefits for disabled persons requiring the constant help or attendance of another person. According to the Government, this benefit has been transferred to the social assistance system. The Committee asks the Government to provide additional information on the way effect is given to this provision of the Convention, and particularly on the requirements to be met by persons disabled by occupational accident or disease who need the constant help or attendance of another person in order to qualify for supplementary benefit under the social assistance system. It also asks the Government to provide detailed information on the practical implementation of sections 56 and following of the Act on Pension Insurance providing for compensation for physical damage.

Article 18, paragraph 2. The Committee notes from the information supplied by the Government in its report that the amount of the funeral benefit provided for in article 40 of the Health Insurance Act, which is currently 850 kunas, is not sufficient fully to cover the normal cost of a funeral. The Committee hopes that the Government will be able to indicate measures taken or envisaged to ensure that full effect is given to this provision of the Convention, under which a funeral benefit shall be provided at a prescribed rate which shall not be less than the normal cost of a funeral, as is already the case for certain categories of insured persons.

Article 22, paragraph 2. Under this provision, where a benefit is suspended, part of it must be paid to dependants of the persons concerned. Please explain the manner in which effect is given to this provision of the Convention in cases other than those referred to in section 54(9) of the Pensions Act.

Article 24. In reply to the Committee’s previous comments, the Government indicates that, pursuant to section 26 of the Health Insurance Act, compensation for occupational injury must be paid by the employer throughout the period of sick leave except in the event of bankruptcy, in which case the benefit is paid by the Health Insurance Institute of Croatia. Where the employer has not determined the compensation due according to the set procedure in accordance with the levels and within the time limit set by law, the insured person may file a complaint with the Institute, which is bound to ensure payment of the compensation pending a final ruling. The Government adds that the number of cases in which the abovementioned Institute has taken over the payment of such compensation is negligible (as a rule a few dozen cases a year) and that, since the Health Insurance Act of 1993 has been in force, the Institute has received no complaints from insured persons. The Committee takes note of this information. It asks the Government to continue to provide information on any further developments in this respect.

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The Committee has examined the information and the legislation supplied by the Government. It notes from the Government's latest report on Convention No. 102 that the Government refers to the new Pension Insurance Act which will enter into force as from 1 January 1999. The Committee would proceed with the detailed examination of this Act once it has at its disposal a translation of its text into one of the working languages of the Office and after having received from the Government detailed information on the incidence of its provisions on each of the relevant Articles of the Convention, including the statistical information on the level of the benefits, as requested by the report form. In this connection, the Committee would like to draw the Government's attention in particular to the provisions of Article 9, paragraph 2, of the Convention, according to which eligibility to employment injury benefit may not be made subject to the length of employment, to the duration of insurance or to the payment of contributions. In addition, it would like the Government to provide supplementary information on the following points.

Article 9, paragraph 3, of the Convention. (a) The Committee recalls that under Article 9(3), the benefits shall be granted throughout the contingency. It notes that under section 26 of the Law on Health Insurance in case of employment injury the employer is obliged to pay sickness benefit until full restoration of health of the employee concerned. Moreover, under section 30 of the said Act, the employee is entitled to sickness benefit during 30 days after the end of the employment relationship. Please indicate how the application of Article 9(3) is ensured in case the employment relation with this employee is terminated before full restoration of his health was possible.

(b) The Committee notes that, according to section 29 of the Law on Health Insurance, after 12 months of non-interrupted sickness an assessment concerning the qualification for invalidity benefit shall normally take place with sickness benefit payable for two more months. Please indicate whether and under which provisions the temporary incapacity benefit in case of employment injury continues to be payable after the expiration of the above-mentioned period, if an invalidity has not been established but the injured person has still not recovered or regained his ability to work.

Article 10. The Committee notes that in the case of employment injury the required types of medical care will be provided in particular both by the primary care and the specialized care for workers, the latter being provided under section 23 of the Law on Health Protection, on the basis of a contract between the employer and the health care institution and is being financed by the employer. Please indicate whether the failure of the employer to conclude such a contract and to finance such care might preclude an injured worker from getting the full range of medical care and allied benefits guaranteed by this provision of the Convention.

Article 18, paragraph 2. Please indicate how the funeral compensation mentioned in section 40 of the Law on Health Insurance is provided in practice in case of death due to employment injury, the current rate at which this compensation is paid and whether it covers the cost of a normal funeral.

Article 21. The Committee notes that the Government's report does not contain information on this Article. It hopes that in its next report the Government will not fail to explain the mechanism of the adjustment of long-term cash benefits and to supply all the statistical information requested in the report form.

Article 24. The Committee notes that, according to section 26 of the Law on Health Insurance, in case of employment injury the employer has to calculate, following the methods, level and delays prescribed by the Fund for Pension and Invalidity Insurance, and pay out the benefit until the working capacity of the worker concerned is fully restored. In case a worker complains to the Fund that the employer does not fulfil his obligations, the benefit is then paid by the Fund itself until the final decision is made and subject to the repayment by the employer of the sums advanced. The Committee would like the Government to explain how the representatives of the persons protected are participating in or are being associated with the management of such a system, which appears to be based primarily on the employer's liability as well as to include in its next report the statistical information on the number of cases where payment of the benefit has been taken over by the Fund.

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