Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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 received on 1 September 2015 from the International Trade Union Confederation (ITUC), according to which the new Labour Act, which entered into force on 7 August 2014, does not appear to recognize the right to strike of higher level trade union organizations. The Committee requests the Government to provide its comments in this respect.

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. The Committee hopes that the next report will contain full information on the matters raised in its previous comments.

Article 3 of the Convention. Right of employers’ and workers’ organizations to organize their activities and to formulate their programmes. The Committee had previously noted that, under section 284 of the 2009 Labour Act, strikes in the armed forces, police, state administration and public services were regulated by a separate law. Observing that, according to the ITUC, that law had not yet been enacted, the Committee trusted that the relevant piece of legislation would be adopted in the near future and would take fully into account the freedom of association principles on this matter. The Committee notes that, under the new Labour Act of 2014, strikes in the armed forces, police, public administration and public services shall be regulated by specific provisions (section 220). The Committee requests the Government to provide information on and a copy of the specific provisions adopted under section 220 of the new Labour Act.

Right of employers’ and workers’ organizations to organize their administration and activities. The Committee had previously recalled that, since 1996, it had been commenting on the issue of the distribution of trade union assets and had been requesting the Government to determine the criteria for their division. The Committee noted in its previous comments the Government’s indication that: (i) the new count of the unions’ membership had been completed as early as 2009; (ii) the required formal inter-union agreement on property division entered into by the unions’ central bodies had still not been reached; and (iii) currently, the union property was to the largest extent being used by the Union of Autonomous Trade Unions of Croatia (UATUC); a smaller portion of real estate belonged to the graphics industry, school and civil service trade unions; and the remaining central union bodies operated out of leased properties, except for the Croatian Association of Trade Unions to which the UATUC had given its premises. The Committee hoped that the parties concerned would soon reach an agreement on the distribution of trade union assets. The Committee once again expresses the hope that an agreement on the distribution of trade union assets will be reached in the near future and requests the Government to provide information on any progress achieved in this regard.

Noting the adoption of the new Labour Act in 2014, the Committee invites the Government to provide information on the provisions giving effect to the Articles of the Convention, and their application in practice.