Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Croatie (Ratification: 1991)

Autre commentaire sur C156

Observation

Demande directe

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Article 3 of the Convention. National policy. In its previous comment, the Committee asked the Government to provide information on the application of the Maternity and Parental Benefits Act, 2008 and the results achieved under the National Policy for the Promotion of Gender Equality in order to promote equality of treatment and opportunity of workers with family responsibilities. The Committee notes with interest the Government’s indication that amendments to the Maternity and Parental Benefits Act adopted in 2013, 2014 and 2017, provide, in particular, for a prohibition on transferring two months of parental leave to another parent in order to encourage fathers to use their rights to parental leave; reinforcement of the protection of employment of pregnant women or women who have given birth, up to 12 months after the birth of the child; and an increase in the financial benefits. Since 2017, the maximum amount of benefit paid during the period of parental leave has increased from 80 to 120 per cent of the monthly minimum wage for employed parents and from 50 to 70 per cent for unemployed parents or employed parents not meeting the statutory period of insurance. Similarly, benefits for parents of children in need of special care were also improved. In this regard, the Committee notes that, according to Eurostat’s data cited in “Gender Equality Policies in Croatia – Update”, 2017 by the Policy Department on Citizen’s Rights and Constitutional Affairs of the European Parliament, “the share of family/children benefits in Croatia” stands at €155 per inhabitant, i.e. at the lower end of the European Union (EU) scale, well below the EU average of €651, and represents only 7.2 per cent of the total social benefits costs. The Committee also notes that the National Gender Equality Policy 2011–15 has expired and that, according to the information provided by the Government, a new Policy is being developed but, to date, has not yet been adopted. The Government indicates, however, that the relevant authorities, in cooperation with key stakeholders and the social partners, are developing new measures to harmonize professional and private life as part of the initiative of the European Pillar on Social Rights (Croatia became a member of the EU on 1 July 2013). The Committee notes the Government’s statement that, in line with developments at the European level, it has set a long-term goal of adopting appropriate measures in the field of family policy. In view of the above, the Committee requests the Government to continue to provide information, including statistics disaggregated by sex, on the practical application of the Maternity and Parental Benefits Act, 2008, as well as the measures taken under the new National Policy for the Promotion of Gender Equality in order to actively promote equality of treatment and opportunity of workers with family responsibilities, and the results achieved. The Committee also asks the Government to provide information on the family policy measures adopted, in consultation with the social partners, in order to harmonize professional and private life. The Committee asks the Government to continue to provide information on any cases of discrimination related to family responsibilities dealt with by the Office of the Ombudperson or the courts.

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee recalls that, according to section 12(1), (2) and (5) of the Maternity and Parental Benefits Act of 2008, an employed or a self-employed mother has the right to maternity leave from 28 days before birth until the child turns 6 months, of which 28 days before birth and 42 days after birth are mandatory; and the days of maternity leave beyond this mandatory period to be taken by the mother, can be taken by the father as paternity leave if the parents reach an agreement to do so. In its previous comment, the Committee asked the Government to provide statistical information on the extent to which men and women workers made use of the maternity and parental leave entitlements under the Act, both in the public and private sectors. It also asked the Government to provide information on any measures taken with regard to other immediate family members. The Committee notes, from the statistics provided by the Government in its report, that in the period 2015 to 2017 the ratio of men accessing maternity/paternity leave (beyond the mandatory period in the first 6 months of the child) and parental leave (after the child turns 6 months) remained very low and stable, at approximately 0.3 per cent for maternity leave and under 4.5 per cent for parental leave. The Committee also notes that, in her 2017 report, the Ombudsperson for Gender Equality underlined that Croatia is the European Union Member where fathers use maternity and parental support the least, emphasized that the measures for harmonization of professional and family life are still insufficiently implemented and recommended the introduction of compulsory father’s leave. Noting that, even where policies allow sharing of parental leave, in practice mothers still take the majority of this period, the Committee asks the Government to provide information on positive measures envisaged or taken, such as the ones suggested by the Ombudsperson, to increase effectively the percentage of men’s take-up of paternity leave. In this regard, the Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the extent to which men and women workers make use of the leave entitlements under the relevant provisions of the Maternity and Parental Benefits Act of 2008, both in the public and private sectors. Noting that the Government’s report is silent on this point, the Committee reiterates its request to the Government to provide information on any measures taken with regard to other immediate family members and their implementation.

Working-time arrangements. In its previous comment, the Committee requested the Government to provide information on the practical application of section 16 (on part-time work) of the Maternity and Parental Benefits Act of 2008 and on the number of beneficiaries of the right to part-time work in circumstances where children require extra care and attention for growth; as well as information on any other flexible working-time arrangements. It notes the Government’s statement that Croatia has not yet developed a suitable legislative framework for balancing private and professional life and that, consequently, there are no flexible working-time arrangements, job-sharing or teleworking possibilities specifically designed for working parents. The statistics provided by the Government show that the number of parents using this right is low: 112 parents in 2015 (7.1 per cent of men); 80 in 2016 (2.5 per cent of men) and 71 in 2017 (1.4 per cent of men). In this regard, the Committee notes that, if only women make use of such flexible working arrangement to continue to shoulder the majority of unpaid care work, there is a risk of reinforcing stereotypes about gender roles. The Committee asks the Government to continue to provide information, including statistical information disaggregated by sex, on the beneficiaries of the right to part-time work as well as on any measures adopted or envisaged relating to flexible working time arrangements taking into account that certain working time arrangements often penalize women in terms of earnings and career development.

Article 5. Childcare and family services and facilities. Previously, the Committee asked the Government to provide detailed information on the manner in which family centres assist parents to reconcile work and family responsibilities and to indicate the impact of the intergenerational solidarity programme on reconciling work and family responsibilities in relation to dependent members of their family other than children. The Committee notes the Government’s indication that there are family centres established in 19 counties, providing services for children and young people, parents, partners and future parents, children with developmental problems, persons with disabilities and their families, and other socially vulnerable groups (such as unemployed persons, the elderly, drug addicts, victims of violence, etc.) and that all services are provided free of charge. It notes the Government’s statement that the implementation of the intergenerational solidarity programme was discontinued as from 1 May 2014. Home-care services are now provided by licensed social services providers. Living-room services, which had been implemented under the discontinued programme, were replaced by day-care activities for older people financed on a project basis. In 2017, a call for projects of organized day-care activities in local communities was made and 92 projects were funded for a total of 5,075,448 Croatian kuna (HRK) (approximately US$770.000). The Committee also notes that the report indicates that, based on the results of an analysis of the accessibility, quality, capacity and funding of early childhood and preschool education services, the Ministry of Demography, Family, Youth and Social Policy issued a call for projects to expand and improve the network of kindergartens and to harmonize the opening hours of preschool institutions with the working hours of parents. In this regard, it notes that, according to a study entitled “Gender Equality Policies in Croatia – Update”, 2017, by the Policy Department on Citizen’s Rights and Constitutional Affairs of the European Parliament, only 9.5 per cent of children under 3 years of age have access to formal childcare due to the lack of available childcare facilities. Due to gender stereotypes, it is most often employed mothers who have to take leave without pay after the expiration of paid parental leave – which has a detrimental impact on their careers – or else have recourse to the informal economy or to the family in order to care for the child. According to Eurostat data, women are up to five times more inclined to take a part-time job because of the obligation to look after children or incapacitated adult family members, and the wage gap between men and women is gradually deepening over time due to maternity leaves or care of family members. In this regard, the Committee notes the Government’s indication that, in 2013, the Act on Nannies was adopted to create a transparent and legally secure system of non-institutional childcare with registered childcare givers (“nannies”), supervised by the Ministry of Demography, Family, Youth and Social Policy. The Committee asks the Government to continue to provide information on childcare and family services and facilities, in particular on the response to the Ministry of Demography, Family, Youth and Social Policy call for projects to expand and improve the network of kindergartens and to harmonize the opening hours of preschool institutions with the working hours of parents. It also requests information on the number of nannies registered following the adoption of the Act on Nannies 2013.

Article 6. Information and education. Considering the low number of fathers exercising their right to parental benefits, the Committee asked the Government to provide information on the specific measures taken to promote a broader public understanding of various aspects of employment of workers with family responsibilities, and the need for a more equitable sharing of family responsibilities between men and women, as well as the results achieved by such measures. It notes the Government’s statement that a public call for projects targeting family support and the promotion of children’s rights was made in 2017, focusing, inter alia, on support for single-parent families and for employed parents and fostering father’s active parental role and involvement in family life. It further notes the information provided on the various projects that were funded with a view to changing the deeply rooted stereotypes about gender division of roles, fostering reconciliation between business and family responsibilities, and encouraging a more equal distribution of household and parental responsibilities. The Committee notes that the Government indicates that the level of awareness of the population on the opportunities and rights to maternity/paternity and parental leave has been raised but does not provide evidence in support of this statement. In this regard, the Committee wishes to emphasize the importance of collecting good gender-disaggregated data taking into account variables such as marital or parenthood status, number of children, of older persons, presence of persons with disabilities or living with HIV, as it allows the Government to periodically assess progress and also to design policies and monitor outcomes to establish what works for workers with family responsibilities. The Committee asks the Government to continue to provide information on the proactive measures taken to promote a broader public understanding of the need for a more equitable sharing of family responsibilities between men and women, with a particular focus on fathers, as well as the results achieved by such measures, including statistical data.

Article 7. Integration in the labour force. Recalling that it had asked the Government to provide information on the implementation of the right to return to work after maternity, parental or adoption leave or leave for caring for a child with severe development issues (section 36 of the new Labour Act of 2014, previously section 73), the Committee notes that the statistical information provided by the Government does not identify the number of employees who returned to work after such leave, nor does it provide the requested information on the practical application of the right to vocational training in situations where there is any change in technology or working methods during the leave. Noting the Government’s indication that labour inspectors have identified several cases of offences against the above-mentioned provision as well as section 34 of the new Labour Code (prohibition of dismissal), the Committee asks, once again, the Government to provide statistical information on the number of employees who returned to work after taking maternity, parental or adoption leave or leave for caring for a child with severe developmental difficulties; and to provide information on any measures taken or envisaged to enable both male and female workers with family responsibilities to become or remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 9. Application of the Convention by collective agreements. The Committee notes the information provided, in reply to its previous comment, according to which certain collective agreements contain provisions regarding the right to nursing breaks and rests considered as working time; the possibility for the employer to assign work to be carried out at home for mothers with a child up to 6 years of age, or a single parent with a child up to 10 years of age; additional leave days to be granted to parents, foster parents or guardians (based on different parameters); and the prohibition to terminate or modify the employment contract of specific categories of workers such as a woman nursing a baby, parent, foster parent or guardian until the child’s seventh year, a single parent of a minor, a parent with three or more children up to 15 years or children in regular education, or the parent of a child with developmental difficulties. The Committee asks the Government to continue to provide information on the measures provided under collective agreements with a view to reconciling work and family responsibilities and their effective application.

Article 11. Workers’ and employers’ organizations. The Committee requests the Government to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures, including through the adoption and implementation of workplace policies on work and family reconciliation.