Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Croatia (Ratification: 1991)

The Committee takes note of the report of the Government as well as the information supplied to the Conference Committee in June 1995 and the discussion which took place there.

The Committee notes with interest the adoption on 17 May 1995 of a new Labour Law (Narodne novine 38/95) which will enter into force as of 1 January 1996 and the provisions of which are generally in compliance with the Convention.

Articles 1 and 2 of the Convention. With regard to the protection against acts of anti-union discrimination, the Committee requests the Government to specify if in the case of violation of sections 160 and 180, the penalties prescribed by section 228 apply since these provisions are not specifically mentioned.

Furthermore, as regards the penal provisions prescribing the actual amount of fines, the Committee, while noting with interest the Government's statement in its report to the effect that these provisions have been periodically amended due to inflation and the change of the official currency of the Republic of Croatia, draws to the Government's attention the importance it attaches to adapting monetary penalties, in such a way that they exert an effective deterrent against acts contrary to the guarantees laid down by the Convention. The Committee therefore asks the Government to continue taking measures to adapt monetary penalties from time to time or to determine the amount of such penalties in such a way as to take account of currency fluctuation and to supply in its report information on any development in this regard.

Article 4. With regard to the registration of employees' and employers' associations as prescribed by the new Labour Law, the Committee requests the Government to give details in its next report of any appeal lodged before an administrative tribunal against a decision denying registration to an association has suspensive effect (section 173).

Finally, as regards trade union collective negotiations committees set up in accordance with section 186 of the new Labour Law, the Committee observes that it covers collective negotiations at national level when more than one trade union or higher level association exists. The Committee therefore requests the Government to indicate in its next report the possibility granted to trade unions to negotiate collectively at the enterprise level or branch of activity.

The Committee asks the Government to provide, with its next report, a copy of the new Labour Act and of the decision of the Constitutional Court in response to a complaint lodged by the Federation of Independent Unions of Croatia against the Decree on Wages of 3 October 1993.