Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes that the Government's report does not respond to any of the points raised in its previous comments. The Committee is therefore compelled to reiterate the following points set forth in its earlier observation:

1. According to the Union of Autonomous Trade Unions of Croatia (UATUC), discrimination in employment on the basis of sex, age, and ethnic origin is a frequent occurrence, especially with respect to vacancy announcements. It states that, even though employers have the obligation under the Employment Act (section 57) to inform the Croatian Employment Agency of every vacancy, in practice, employers often fail to do so and use sex or age as a condition for employment. The Committee notes from the Government's previous report that violation of this section is subject to a fine and requests the Government to provide information on the number of violations noted and fines imposed under this section. The UATUC further states that the workers most frequently dismissed were elderly persons, women, disabled workers, and workers of non-Croatian ethnic origin, the latter being particularly frequent in the national administration. In its response, the Government states that it is not in a position to reply to these claims in the absence of more precise information, but it can confirm that there are no such cases in the state administration. The Committee hopes to be provided with information, and copies, of any administrative or judicial cases in which discriminatory hiring or dismissal practices have been alleged. It also hopes that the Government will take all necessary steps to ensure the full application of section 2 of the Labour Act of 1995 prohibiting discrimination in employment on various grounds including those covered by the Convention.

2. In regard to the UATUC statement that women are discriminated against on the labour market, the Committee notes the Government's indication that it is aware that there is hidden discrimination against women in the field of employment, and that, therefore, on 18 December 1997 the Government adopted the National Policy for the Promotion of Equality which provides for a series of measures to promote equality for women in different fields. The Committee notes that the National Policy is based on the principle that, although women have the same rights under the legislation, there is room for improvement with regard to the application of existing legislation in order to ensure full equality in practice. It notes in this respect that a gender analysis of legislation will be undertaken to determine its impact on women, including the extent to which it promotes equality and provides the necessary protection for working women. The Committee requests the Government to provide information on the findings of this examination, as well as any legislative changes considered or made, based on these findings. It also requests the Government to provide information on the implementation of other measures proposed in the National Policy in so far as they relate to the promotion of equality and prohibition of discrimination against women in employment.

3. With regard to the comments of the UATUC that there is no national employment policy in Croatia and that rights provided for in other programmes cannot be implemented for lack of appropriate budget allocations, the Committee notes the Government's indication that the Chamber of Deputies of the Croatian Parliament adopted a National Employment Policy on 27 February 1998 and imposed on the Government an obligation to develop and implement a programme of promotional measures, which it adopted in March 1998. The Committee refers to its comments under the Employment Policy Convention, 1964 (No. 122).

2. The Committee hopes that the Government will provide the information requested in its next report.

3. The Committee is raising other points in a request addressed directly to the Government.