Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Croatia (Ratification: 1991)

The Committee notes the information supplied by the Government in its report as well as the recommendations of the Committee on Freedom of Association in Cases Nos. 1923 and 1938 (see 308th Report, paragraph 224, 309th Report, paragraph 185, and 310th Report, paragraphs 15 to 17).

The Committee notes the recommendations of the Committee on Freedom of Association in Case No. 1923 (see 308th Report, paragraph 224) in which it requested the Government to amend the Croatian Railways Act of 1994, to ensure that minimum services to be maintained during a strike are limited to operations that are strictly necessary to avoid endangering the life or normal living conditions of the whole or part of the population. In this regard, the Committee notes with satisfaction that according to the information provided by the Government, a decision of the Constitutional Court of 15 July 1998 has invalidated the provisions restricting the right to strike in the railway and post and telecommunication sectors (article 23(4) of the Croatian Railways Act and article 16 of the Establishment of the Croatian Public Post and Telecommunication Enterprise Act). The provisions of the Croatian Railways Act relating to minimum services during a strike will, therefore, be submitted for amendment to the Croatian Parliament.

The Committee had requested the Government to provide it with a copy of the Law on Civil Servants and Government Employees and on the Salaries of the Officials in Judicial Bodies, as well as any text issued under the new Labour Law under the terms of article 237(1) which relates to freedom of association. The Committee notes with satisfaction that the Government has sent the collective agreement in force for civil servants which provides, amongst other things, for the right to strike of civil servants as well as solidarity strikes, and a copy of the Civil Servants and Government Employees and Holders of Judicial Functions Act, article 4 of which provides for the right to organize of civil servants.

Article 2 of the Convention. The Committee had noted that article 165 of the new Labour Law provides that a minimum of ten individuals of full age is necessary to establish an employers' association. The Committee notes that the Government indicates that employers' organizations can be established jointly by legal and physical persons and that it is not considering modifying this provision. The Committee, however, requests the Government to decrease the required number of individuals in order to establish an employers' organization so as not to hinder the right of employers to form organizations of their choice.

Article 3. The Committee had noted that the Union of Autonomous Trade Unions of Croatia had criticized the Law on Associations, particularly as regards its provisions respecting the property and the transfer of the assets of social organizations. In this respect, the Committee notes the recommendations of the Committee on Freedom of Association in Case No. 1938 (see 309th Report, paragraph 185, and 310th Report, paragraph 17) in which it requested the Government to determine the criteria for the division of immovable assets formerly owned by the trade unions in consultation with the trade unions concerned should they be unable to reach an agreement among themselves, and fix a clear and reasonable time frame for the completion of the division of the property once the period of negotiation has passed.

Articles 3 and 10. Finally, the Committee notes that the Government has not replied to the comments made by the Union of Autonomous Trade Unions of Croatia and the Croatian Associations of Unions concerning two decisions of the Supreme Court of the Republic of Croatia of 15 May 1996 and 11 July 1996. In these decisions, the Court, referring to article 209 of the Labour Law, declared that strikes for the purpose of protesting against unpaid salaries were unlawful. The Court stated that such strikes did not meet the prerequisites for a strike to be legitimate as regards its purpose. In this respect, the Committee recalls the conclusions of the Committee on Freedom of Association in its 304th Report (paragraph 216) in a case relating to similar issues in the Republic of Congo, where it considered that protest strikes in a situation where workers have for many months not been paid their salaries are legitimate trade union activities and thus, called for the withdrawal of all anti-union reprisals against the strikers, in particular dismissals. The Committee concurs with this opinion and asks the Government to take into consideration the importance it attaches to this principle and to send its observations in its next report on any measures taken in this regard.