Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the information provided by the Government in its report, particularly the adoption of Act No. 17/01 amending the current labour legislation. The Committee also notes the communication of 6 July 2001 formulated by Public Services International (PSI), and the Government’s comments on the matters raised therein.

Article 4 of the Convention. In previous comments, the Committee had requested the Government to forward its observations on the decision handed down by the Supreme Court of 7 December 1995, which acknowledged that legislation may modify the substance of a collective agreement concluded for the whole of the public sector. The Committee had also requested the Government to provide information on the measures taken to ensure the promotion of collective bargaining in the public sector with regard to public servants not engaged in the administration of the State. The Government indicates that the right to bargain collectively is evident from the numerous collective agreements that exist in public enterprises and the public sector. The Government mentions certain collective agreements in force both in the public sector and the public service, for example, the Collective Agreement for Civil Servants and Government Employees and the Basic Collective Agreement for Senior Officials and Employees in Public Services. The Committee once again requests the Government to send its comments on the decision of the Supreme Court of 7 December 1995.

The Committee notes that regarding the comments made by the Independent Trade Union of the Croatian Electrical Power Industry and other workers’ organizations concerning the decision handed down on 30 December 1997 restricting the negotiation of pay increases in state enterprises, the Government indicates that this decision was taken to serve as a recommendation for the basic framework for bargaining, and to indicate limits within which standard collective bargaining may be achieved. Furthermore the Committee notes that according to the Government, trade unions are autonomous in collective bargaining and the conclusion of collective agreements. The Committee also notes the Government’s statement to the effect that the Economic and Social Council holds consultations with social partners regarding economic and budgetary policies, including the issue of salaries, for both the public and private sectors.

Comments of the PSI. The PSI states that under the pressure of international financial institutions, the Government unilaterally cancelled collective negotiations with the trade unions of the public sector and has openly stated that these institutions have requested that the recently enacted Labour Act be modified in order to restrict significantly labour and union rights. According to the PSI, the agenda of the Government includes new proposals for laws which are detrimental to social rights. The Government indicates in this regard that these proposals concern new parameters for the calculation of salaries and that they were submitted to the trade unions concerned in the procedures for proposing and adopting the new laws. The coefficients established by the new law could be applied only upon modification of the salary base that was established by the collective agreements. The new laws provide that the salary base will be established by collective agreements. The trade unions failed to reach an agreement as to the composition of the negotiating committee and following the applicable legal procedure, a decision was taken by the Vice-President of the Economic and Social Council. The conclusion of the collective agreement for public services has not yet been concluded. Separate negotiations will take place, in particular in the public services, taking into account their specificities.

The Committee invites the PSI to comment on the Government’s statements.