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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Croatia (Ratification: 1991)

1. The Committee notes that the Employment Act (published in the Official Gazette No. 59/96) has repealed the previous legislation, which, according to comments of the Union of Autonomous Trade Unions of Croatia (SSSH) mentioned in the previous direct request, had given rise to certain discrimination, notably following the amendment to the principal Act introduced on 21 October 1994. The Committee also notes the Government's comments on this matter.

2. The Committee notes from the Government's explanation that article 14 of the Constitution applies to all persons resident in the country, whether or not they have Croatian citizenship. The Committee requests the Government to continue to provide information on the application of article 14 of the Constitution, and section 2 of the Labour Relations Act, including copies of any relevant court decisions concerning their application.

3. Further to its previous comments, the Committee notes that although the mandate of the Committee for Human Rights and the Rights of Ethnic and National Communities or Minorities of the Parliament's Chamber of Deputies does not include specific activities related to labour policy or legislation, it does deal primarily with the realization of labour rights among its responsibilities in the social field. It is noted, in this respect, that the Committee receives submissions from citizens for assistance in solving problems, the largest number of which have so far concerned the right to work and to employment both in the context of a war-related closure of enterprises and in situations where the volume of activity of a manufacturing or service facility has been reduced. The Government is requested to continue to supply information on any activities of the Committee pertinent to the application of the Convention.

4. Further to its previous comments, the Committee notes with interest the provisions of the Labour Relations Act dealing with protective measures for women and, in particular, section 53 which allows a woman in certain circumstances to choose whether or not to request an exemption from night work. The Committee also notes that section 62 of the Act enables one of the parents to take parental leave to care for a child up to the age of 3 years. As concerns other initiatives for women workers, the Committee notes that the Commission on Equality Issues is in the process of finalizing its work on a National Policy for the Promotion of Equality, which is to serve also as the implementation document for the Beijing Platform for Action. The Committee notes that this policy is to provide for special measures for the employment of women to be implemented through the National Employment Policy, which is also in the process of being drafted. The Committee hopes that, in the context of preparing the National Policy for the Promotion of Equality, due consideration is being given to the creation of national machinery to protect and expand the rights of women and to encourage their participation in decision-making bodies. Please provide copies of these national policies and indicate whether they are being drafted in cooperation with the employers' and workers' organizations. In future reports, please furnish information on the extent to which the implementation of these policies furthers the application of the Convention.