Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Equal Remuneration Convention, 1951 (No. 100) - Croatia (Ratification: 1991)

1. The Committee notes the information provided by the Government in its first report, together with the report submitted by the Government on the application of the UN Convention on the Elimination of All Forms of Discrimination against Women (UN document CEDAW/C/CRO/1 of 15 February 1995). Noting that the Government is in the process of finalizing the National Policy for the Promotion of Equality, the Committee requests the Government to provide information on those aspects of the policy that are of particular relevance to the application of the principle of the Convention.

2. Article 1 of the Convention. The Committee notes that section 82 of the Labour Act (Act No. 758 of 17 May 1995) provides for the payment of equal salaries to women and men for equal work and for work of equal value and that any provision in an employment contract, collective agreement, employment by-law or other legal act in contravention of that principle shall be null and void. Please indicate whether workers receive bonuses or benefits, in cash or in kind, other than those specifically laid down in employment contracts, collective agreements or other legal instruments. If so, please provide information on the measures taken to ensure that the principle of equal remuneration is applied in respect of all emoluments whatsoever, payable directly or indirectly, by the employer to the worker.

3. Article 2. According to section 81 of the Labour Act, it appears that where the salary has not been fixed either by a collective agreement or by a specific rule (referred to as an employment by-law under the Act), employers with fewer than 20 employees are obliged to pay an "appropriate salary" to their workers. Recalling that the principle of the Convention is to be applied to all workers in the economy, the Committee requests the Government to provide information on the measures taken to ensure non-discrimination on the basis of sex with respect to these smaller undertakings.

4. The Committee requests the Government to provide more detailed information on the measures taken to monitor the application of the equal remuneration principle in different sectors and, in particular, on the activities of the labour inspectorate, including information on the number of violations reported and of penalties imposed. Please indicate whether inspections by the labour inspectorate have disclosed instances of employers declaring in their payroll accounts salaries for women that are less than the amount established in the relevant collective agreement, or of omitting information on women workers in these accounts, contrary to section 81 of the Labour Act. As concerns penalties, please clarify whether violations of section 82(1) of the Labour Act are penalized within the scope of violations of section 2 of the Act, the fines for which are prescribed in section 228. Please also provide information in future reports on any decisions made by the courts relating to wage discrimination.

5. The Committee requests the Government to furnish with its next report (i) the current public sector salary scales with, if possible, an indication of the percentage of women and men employed at different levels and (ii) copies of collective agreements setting wage rates in sectors in which the percentage of women is at least equal to that of men, together with information on the respective numbers of women and men covered by the agreements and their distribution among different jobs and grades. As it appears that statistical data on the minimum wage rates and the average actual earnings in the country, disaggregated by sex, are not yet available, either for the economy in general or for the different branches of activity in the private sector, the Committee requests the Government to indicate whether consideration has been given to collecting such statistics, which would be of considerable assistance in determining the progress made in the application of the Convention.

6. Article 3. The Committee notes that according to section 81 of the Labour Act, collective agreements and employment by-laws fix the "basis and criteria for salaries". Please provide information on the methodology used to evaluate and compare jobs and thus to classify posts and determine wage scales in collective agreements and employment by-laws.

7. Article 4. The Committee notes that one of the roles of the tripartite Economic and Social Council is to propose to the Government, and to employers and trade unions, the means to implement wage policies in compliance with the national Constitution and legislation and with the Convention. Please indicate whether the Council is now functioning and provide information on any proposals made with regard to implementing the principle of the Convention.