Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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

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Observation

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The Committee notes the observations of the Independent Trade Unions of Croatia (NHS) submitted by the Government, concerning matters addressed by the Committee in its present comments.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. Rapid appeal procedures. In its previous comments, having observed with concern that the judicial resolution of anti-union discrimination cases was characterized by excessive delays and having noted that amendments to the Civil Procedure Act adopted in 2019 aimed at contributing to dispute resolution, the Committee requested the Government to continue providing information on the average duration of the resolution of anti-union discrimination cases. The Committee observes that the Civil Procedure Act was further amended in 2022 but notes that the Government does not provide any updated information on this issue. The Committee therefore reiterates its previous request in this regard.

Article 4. Promotion of collective bargaining. The Committee previously noted that while the legislation recognized the primacy of collective agreements concluded with trade unions, where they exist, both agreements concluded with works councils and working regulations, subject to consultation with works councils, have a material scope which may coincide with that of collective agreements (sections 26 and 160 of the Labour Act). It therefore requested the Government to provide detailed information on the respective number of company collective agreements concluded with trade unions and agreements concluded with works councils. The Committee notes that the Government reiterates that agreements concluded with works councils may not regulate issues regulated by collective agreements, unless the parties to the collective agreement authorize so, and indicates that it does not have information on the number of concluded agreements. In view of the Government’s assertion, the Committee trusts that negotiation between the employer and its workers through work regulations and agreements concluded with works councils will not be used in practice to bypass sufficiently representative organizations, where they exist, so as to promote collective bargaining, as enshrined in the Convention. The Committee requests the Government to endeavour to collect information on the number and scope of collective agreements concluded with trade unions and works councils.

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