Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) dated 4 August 2011 on matters being examined by the Committee.

Article 1 of the Convention. Protection of workers against acts of anti union discrimination. In its previous comments, the Committee, referring to allegations of excessive court delays in dealing with cases of anti-union discrimination, had noted that a comprehensive process of reform had been initiated to enhance the efficiency of the judicial process and reduce the backlog of cases and that a pilot project on mediation in courts showed positive results. The Committee notes that, according to the ITUC, in spite of some improvements, law enforcement through the judicial system remains slow and labour inspection capacities remain weak. The Committee requests the Government once again to provide information in its next report on the progress made with respect to the measures aimed at improving the efficiency of the legal protection, as well as a copy of the instruments adopted as a result of the reform process.

Articles 4 and 6. Promotion of collective bargaining. In its previous observation, the Committee had requested the Government to comment upon the 2010 observations made by the Trade Union of State and Local Government Employees (TUSLGE) alleging that the Local and Regional Self-Government Wage Act of 19 February 2010 restricts the right to organize and to bargain collectively of employees of local and regional self-government units, in particular the right of employees of financially weaker local and regional self government units (i.e. where aids exceed 10 per cent of the unit income) to bargain collectively over the wage formation basis. The Committee notes that, according to the Government’s comments in relation to these observations, the Act on Civil Servants and Civil Service Employees in Local and Regional Self Government specifies that salaries of civil servants in local and regional self government units are adjusted to salaries of civil servants at the State level (the Committee understands that the salaries at the State level are determined after consultations and negotiations with the most representative workers’ organizations in the public sector). The Committee requests the Government to provide information on the application in practice of the adjustment of salaries of civil servants in local and regional self-government units to the salaries of civil servants at State level.

Furthermore, the Committee had noted the allegations that the Act on the realization of the Government’s budget of 1993 allows the Government to modify the substance of a collective agreement in the public sector for financial reasons. It had requested the Government to provide a copy of the legislative provisions allowing the Government to modify the substance of collective agreements in the public service and information on their application in practice. Recalling that, in general, a legal provision which allows one party to modify unilaterally the content of signed collective agreements is contrary to the principles of collective bargaining, the Committee once again requests the Government to provide, with its next report, a copy of the said legislative provisions, as well as information on their application in practice.