Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes with concern that the Government’s report has not been received.

In its previous comments, the Committee requested the Government to provide comments on the observations of the International Trade Union Confederation (ITUC) received on 31 August 2016, of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) received on 31 August 2016, and of the Association of Croatian Trade Unions (MATICA) received on 14 October 2016, as well as those received from the ITUC on 1 September 2014. The Committee requests the Government once again to provide a reply to the abovementioned observations, including on legislative matters and specific allegations of violations of the Convention in practice.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. Rapid appeal procedures. Having previously noted the allegations of excessive court delays in dealing with cases of anti-union discrimination and the Government’s information on a comprehensive process of judicial reform, the Committee had requested the Government to continue to provide details on measures envisaged or taken with a view to accelerating judicial proceedings in cases of anti-union discrimination, and to provide practical information including statistics concerning the impact of such measures on the length of the proceedings. In the absence of any new information in this regard, the Committee reiterates its previous request.

Articles 4 and 6. Promotion of collective bargaining in the public sector. In its previous comments, having noted that the Trade Union of State and Local Government Employees of Croatia (SDLSN) criticized the existing collective bargaining system for determination of the wage formation basis of civil servants in local and regional self-government units, the Committee had recalled that special modalities for collective bargaining in the public service, in particular as regards wage clauses and other clauses with budgetary implications, were compatible with the Convention, and had invited the Government to initiate a dialogue with the most representative workers’ organizations in the local and regional self-government units of the public service, with a view to exploring possible improvements to the collective bargaining system on the wage formation basis. The Committee requests the Government to provide information on any progress made in this regard.

The Committee had previously noted the allegations that the Act on the Realization of the State Budget, 1993, allowed the Government to modify the substance of collective agreements in the public sector for financial reasons. The Committee had also observed that the law was no longer in force and that it was standard procedure to adopt annually an Act on the Realization of the State Budget. Underlining the importance of ensuring that any future Act on the Realization of the State Budget does not enable the Government to modify the substance of collective agreements in force in the public service for financial reasons, the Committee had requested the Government to provide a copy of the Act on the Realization of the State Budget of the Republic of Croatia for 2014. The Committee requests the Government to provide the latest Act on the Realization of the State Budget.

The Committee hopes that the Government will make every effort to take the necessary action with regard to the issues raised in the present comment in the near future.

The Committee is raising other matters in a request addressed directly to the Government.