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

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Croatia (Ratification: 1991)

The Committee notes the communications, dated 15 March 1995, from the Union of Autonomous Trade Unions of Croatia (UATUC) concerning the application of Convention No. 102, as well as Conventions Nos. 111 and 122, inasmuch as the issues raised under these latter instruments relate also to the application of Part IV (Unemployment benefit) of Convention No. 102.

I. In its communication referring to Convention No. 102, the UATUC alleges that a large number of workers in Croatia have been recently denied health protection on the basis of section 59 of the Health Insurance Act in force as of 13 August 1993 which, according to the documents submitted by the UATUC, provides, in particular, that for contribution-payers who fail to pay the insurance contribution, the use of health protection funded by the Institute for Health Insurance shall be reduced to the right to emergency medical aid only. The UATUC points out that under the said legislation the obligation to pay a contribution rests with the employer who deducts it from the wage of the insured workers employed by him, and that in case the employer fails to pay the contribution, the insured worker has no legal possibility to personally pay the contribution, nor does he have any other legal means of recourse to force the employer to pay it, while the Institute for Health Insurance to which the contributions are paid, has the legal possibility to exact payment from employers. According to the UATUC, the above-mentioned section 59 of the Health Insurance Act is being applied with the result that workers are being denied all forms of health protection, except for emergency medical aid. It adds that it has instituted a procedure with the Constitutional Court of the Republic of Croatia to abolish this provision.

The Committee wishes to recall in this connection that Article 69 of the Convention which enumerates the cases in which benefits provided under the Convention, including medical care, may be suspended, does not refer to the situation of non-payment of contributions on behalf of the insured person. The Committee therefore hopes that the Government's next report would contain a detailed reply to the allegations made by the UATUC, including information on any measures taken or contemplated to give full effect to the Convention on this point, as well as the above-mentioned decision of the Constitutional Court, if taken.

II. In its communication concerning the application of Conventions Nos. 111 and 122, the UATUC points out significant questions raised by the amendments of the Employment Act of 21 October 1994. According to the UATUC, these amendments have taken off the unemployment record a number of unemployed persons in a certain number of cases, such as when they become major owners or co-owners of an enterprise, trade or farm; become members of a farming household; are found working without having entered into employment; or have refused employment inferior to their qualifications, seasonal work, a socially useful job, etc. The UATUC adds that some of the grounds for being taken off the unemployment record are considerably wider than the reasons provided for in article 51 of the Employment Act which regulates the loss of the right to an unemployment allowance. On 12 January 1995 the Union challenged the constitutionality of these provisions before the Constitutional Court of the Republic of Croatia.

The Committee notes this information. In view of the fact that the changes in the Employment Act adopted in 1994 may affect the application of Part IV (Unemployment benefit) of Convention No. 102, in particular as concerns the definition of contingency and of the term "suitable employment", as well as the determination of the cases of suspension of benefit (Article 69 of the Convention), the Committee would hope that in its next report the Government would not fail to provide:

(a) detailed information on the application of the provisions of Part IV (Unemployment benefit) of Convention No. 102 in light of the allegations made by the UATUC;

(b) the text of the Employment Act together with all the latest amendments, as well as any other relevant legislation;

(c) a copy of the decision of the Constitutional Court of the Republic of Croatia on this case, if any.

III. The Committee also hopes that the Government's next report will contain full particulars on the application of all the Parts of the Convention that have been accepted, together with the text of the relevant national legislation adopted since 1991.