Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

1. The Committee notes with interest the adoption of both the Act concerning amendments to the Labour Act and the Equality of the Sexes Act that came into force on 19 and 30 July 2003 respectively. It notes that according to the amended section 2 of the Labour Act the prohibition of discrimination against jobseekers and workers includes new grounds of sexual orientation and ethnic origin upon which discrimination is prohibited, in addition to the grounds of race, skin colour, marital status, family obligations, age, language, religion, conviction, social origin, wealth, birth, social position, political party membership or non-membership, trade union membership or non-membership and physical and mental difficulties (1); defines what is considered direct and indirect discrimination (2)(3); lays out exemptions (2a); set out provisions on harassment and sexual harassment (2b); establishes the right to damages in the event of discrimination (2c), and that the burden of the proof is upon the employer (2d). It also notes that section 13 of the Equality of the Sexes Act forbids discrimination in employment and occupation. The Committee is of the view that these new provisions are in accordance with the Convention and further strengthening its application in law. It requests the Government to provide information in future reports on their enforcement and their implementation in practice including results achieved.

2. In its previous comment the Committee has noted the amendment of section 3 of the Constitution to include gender equality among the highest values of the constitutional order of Croatia and the amendment of article 3 of the Labour Act to provide that, when hiring workers, employers shall be obliged to give priority to the under-represented sex if candidates meet, in an equal manner, general and specific conditions for employment. The Committee asks the Government to provide information in its next report on the application and impact of these new provisions on the situation of women as regards equal opportunity and treatment in employment and occupation, including their representation in jobs at the decision-making and management level.

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