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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Croatia (RATIFICATION: 1991)

Other comments on C098

Observation

Direct Request

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Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comment, having noted the existing legal protection against acts of anti-union discrimination and the sanctions mechanism set up by the legislation, the Committee requested the Government to clarify the specific sanctions imposed for anti-union transfers, demotions and other prejudicial acts pursuant to the Labour Act, 2014 and the Anti-Discrimination Act, 2008. In the absence of a reply from the Government on this point, the Committee reiterates its request and trusts that the Government will be in a position to provide information in this respect in its next report.

Article 4. Promotion of collective bargaining. Determination of collective bargaining agents. The Committee observes that, according to the Independent Trade Unions of Croatia (NHS), there are certain issues in the implementation of the Act on the Representativity of Employer Organizations and Trade Union Organizations, 2014. In particular, the NHS alleges that there are delays in the procedure, which does not encourage and promote collective bargaining, that employers’ organizations at the branch level do not need to fulfil any requirements of representativity and that employers misuse representativity by including only representative trade unions in processes and meetings which are not connected to collective bargaining. Recalling that the distinction between the most representative organizations and other trade unions should not have the effect of depriving these organizations of the essential means of defending the interests of their members, organizing their administration and activities and formulating their programmes (see the 2012 General Survey on the fundamental Conventions, paragraph 226), the Committee requests the Government to provide its comments on the NHS allegations.

The Committee further notes that the NHS points to differences in the composition of negotiating committees which negotiate collective agreements for workers in public services (education, healthcare, social care, culture, research, social insurance) and in State administration (judiciary, police, army, tax administration, customs, employees working in ministries, government and parliament). The NHS argues that in State administration, a collective agreement may only be concluded with negotiating committees of trade unions which have a minimum of 20 per cent members of the total number of unionized employees at the level for which representativity is to be recognized; a criteria that is not applicable for collective agreements in public services. The Committee observes in this regard that sections 7–9 of the Act on the Representativity of Employer Organizations and Trade Union Organizations determine the criteria and threshold of representativity and that section 14 stipulates that collective agreements in public services and public administration are negotiated through negotiating committees. The provision makes a distinction in their composition based on whether a collective agreement covers several areas of public services (a negotiating committee is then composed of one member from each area acting as a representative of the trade union with the largest membership and other seats are allocated to other unions in proportion to their membership) or is applicable to a specific area, section or group of public services or to public servants in State administration bodies (the negotiating committee is then composed of representative trade unions). While recalling that the armed forces, the police and public servants engaged in the administration of the State may be excluded from the scope of application of the Convention (Article 6) and that collective bargaining in the public service has special characteristics, the Committee requests the Government to provide its comments on the issues raised by the NHS in relation to section 14 of the Act and further information on the practical application of this provision.

Promotion of collective bargaining in practice. In its previous comment, the Committee requested the Government to continue to provide statistical information on the number of collective agreements concluded and in force, the sectors concerned and the percentage of the workforce covered by the agreements. The Committee welcomes the Government’s indication that, in order to ensure monitoring of the conclusion of collective agreements and simplify the process of their records, the Ministry of Labour, Pension System, Family and Social Policy is implementing a project to establish e-delivery of collective agreements. According to the Government, this will allow to precisely determine the coverage of collective agreements. The Committee notes that a working group was also established to design activities that would further promote collective bargaining and notes the details provided by the NHS, indicating that the task of the working group is to prepare an Action plan for the promotion of collective bargaining according to the EU Directive 2022/2041 on Adequate Minimum Wages in the EU. The NHS indicates that it sent its proposals for the promotion of collective bargaining to the relevant Ministry and alleges that only one meeting has been held since the establishment of the working group. The Committee encourages the Government to pursue these initiatives and requests it to provide information on any developments in this regard, as well as statistical information on the number of collective agreements concluded, the sectors concerned and the percentage of the workforce covered.

The Committee further notes that the NHS alleges restrictions on collective bargaining in practice, in particular the refusal of employers’ associations at the sectoral level to engage in good faith collective bargaining, including refusal to bargain and delays in negotiations, such as in the communication sector. The Committee requests the Government to provide its comments thereon and encourages it to take supplementary measures to ensure that the social partners at the sectoral level understand the importance and benefits of good faith collective bargaining as enshrined in the Convention.