Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Croatie (Ratification: 1991)

Autre commentaire sur C098

Observation

Demande directe

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Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee previously noted that section 25 of the Act of Prevention of Discrimination (2014) may not cover all acts of anti-union discrimination and requested the Government to take the necessary measures to ensure that all acts of anti-union discrimination give rise to sufficient dissuasive sanctions. The Committee notes the Government’s indication that: (i) the Labour Act (2014) protects against acts of anti-union discrimination during recruitment, employment and upon termination of employment (sections 166(2) and 186(1)–(3) respectively), against any unfavourable treatment due to trade union membership (section 186), against any dismissal for taking part in a lawful strike (section 215(2)) and section 188 provides a special protection for trade union leaders in regard to termination of employment and demotion; (ii) the Prevention of Discrimination Act (2014) provides general protection against acts of discrimination for trade union membership (section 1(1)) and provides protection against acts of intimidation at work (section 25); (iii) the Criminal Code provides for a criminal penalty for any dismissal due to the worker’s participation in lawful strike actions and the non-enforcement of a final judicial decision of reinstatement regarding the anti-union dismissal (section 131(2)–(3)). With regard to the sanctions, the Committee notes that, according to the Government, the anti-discrimination legislation contains a whole set of mechanisms, including judicial proceedings, penal provisions and support from the Ombudsperson’s Office and despite that, all cases of discrimination are not covered by penal sanctions, the legislation provides as a whole an adequate legal protection. The Committee further notes that: (i) the Labour Act provides for reinstatement and compensation in the event of anti-union dismissal (sections 124 and 125 respectively) and, pursuant to section 228, a fine of 31,000–60,000 Croatian kuna (HRK) (US$4,756–$9,205) can be imposed for discriminating against a worker for taking part in a lawful strike; (ii) the Prevention of Discrimination Act provides for the possibility to bring a legal action before the municipal tribunals requesting the cessation of the discriminatory action and compensation for damages (sections 11 and 17), and in a case of intimidation at work, pursuant to section 25, a fine of HRK5,000–30,000 (US$780–$4,679) can be imposed; and (iii) section 131 of the Criminal Code provides for a sanction of imprisonment for any dismissal due to worker participation in a lawful strike and the non-enforcement of the final judicial decision of reinstatement regarding the anti-union dismissal. While noting with interest the entire sanction mechanisms set up by the legislation, the Committee requests the Government to specify the legal consequences attached by the Labour Act or the Prevention of Discrimination Act to anti-union transfers, demotions and other prejudicial acts.

Article 4. Promotion of collective bargaining. Determination of collective bargaining agents. In its previous comments, the Committee had requested the Government to clarify whether the refusal of one or several representative trade unions to nominate a representative to the negotiating committee can prevent such a committee from bargaining collectively with the employer, and indicate the average length of the procedure for the recognition of representativeness of trade unions. The Committee takes note of the Government’s explanations that, pursuant to the Act on Representativeness of Employers’ and Trade Unions’ Organizations (2014), representative unions are obliged to set up a trade unions’ negotiating committee for collective bargaining within 30 days. If they fail to so within the 30 days, according to section 9(3) of the abovementioned Act, only one representative of every trade union shall have the right to participate in the negotiating committee. The Committee requests the Government to provide information on the average length of the procedure for the recognition of representativeness of trade unions.

Articles 4 and 6. Promotion of collective bargaining in the local and regional self-government units of the public service. The Committee had previously invited the Government to initiate dialogue with the most representative workers’ organizations in the concerned units with a view to exploring possible improvements to the collective bargaining system on the wage formation basis. The Committee notes that the Government reiterates that the Local and Regional Self-Government Wage Act (2010) is fully compatible with the provisions of the Convention and states that the central Government has, under Article 6 of the Convention, the power to limit collective bargaining for local and regional self-government units as their staff are considered public servants engaged in the administration of the State. In this respect, the Committee recalls that the determination of public servants engaged in the administration of the State is to be made on a case-by-case basis, in light of criteria relating to the prerogatives of the public authorities (see 2012 General Survey on the fundamental Conventions, paragraph 171). The Committee further highlights that the mentioned criteria should equally apply to both the central and local public entities with a view to determining the categories of public sector workers covered by the Convention. While recalling that it had noted that the special modalities for collective bargaining in the local and regional self-government units of the public service were compatible with the Convention, the Committee requests the Government to provide information on the collective bargaining practice in the local and regional administration as well as on any dialogue with the most representative workers’ organizations in the concerned units with a view to exploring possible improvements to the collective bargaining system on the wage formation basis.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.