Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Other comments on C098

Observation

Direct Request

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Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee previously noted with interest the entire sanctions mechanism set up by the legislation for acts of anti-union discrimination and requested the Government to specify the legal consequences attached by the Labour Act or the Prevention of Discrimination Act to anti-union transfers, demotions and other prejudicial acts. The Committee notes the Government’s indication that the provisions of the Labour Act protect all workers regardless of their trade union membership against transfers, demotions or other prejudicial acts, in particular through the employer’s obligation to indicate the title of the job, the category of work, the duties and the place of work in the employment contract, requirements which guarantee that a worker will not be unilaterally moved to another location. The Government also reiterates the information provided in its previous report on the protection foreseen by the Labour Act and the Anti-Discrimination Act against acts of anti-union discrimination, as well as the procedures and penalties in case of violations. While noting the existing legal protection against acts of anti-union discrimination, as well as the sanctions mechanism set up by the legislation, the Committee requests the Government once again to clarify the specific sanctions imposed for anti-union transfers, demotions and other prejudicial acts pursuant to the Labour Act, 2014 or the Anti-Discrimination Act, 2008.

Article 4. Promotion of collective bargaining. Determination of collective bargaining agents. In its previous comments, the Committee requested the Government to provide information on the average length of the procedure for the recognition of representativeness of trade unions. The Committee notes that the Government informs that the duration of the procedure depends solely on its complexity, in particular the level at which representativeness is established, whether the application needs to be modified with respect to the delivered data and whether there are any objections to the procedure from trade unions. Thus, the shortest duration of the procedure from the application to the bringing of decision was 47 days, whereas the longest was 111 days, with the average duration of the procedure of 75 days, taking into account that the public call, during which trade unions can apply for representative status, lasts for 30 days. The Government further reiterates that this procedure is only used when there are several trade unions at the bargaining level, which do not reach an agreement on union representativeness. In 2017, 38 unions obtained representativeness in this way, whereas 20 unions obtained representativeness through agreement between several unions while 65 unions were the only unions at their bargaining level. The Committee notes the additional figures provided by the Government according to which, between 2018 and 2020, there were 132 representative unions which were the only active unions at their bargaining level, while 57 written agreements on representativeness were concluded between several trade unions operating at the same bargaining level. The Committee takes note of this information.

Articles 4 and 6. Promotion of collective bargaining in the local and regional self-government units of the public service. The Committee had previously requested the Government to provide information on the collective bargaining practice in the local and regional administration, as well as on any dialogue with the most representative workers’ organizations in the concerned units with a view to exploring possible improvements to the collective bargaining system on the wage formation basis. The Government informs, with regard to collective bargaining at the local and regional levels, that the practice differs according to the regions: in some cases, collective agreements are only concluded for local or regional administration, whereas in other cases, there is a certain number of collective agreements covering other employees, such as employees working in kindergartens or other legal entities founded by the local government. The Committee takes due note of this information.

Concerning collective bargaining on the wage formation basis, the Government reiterates that under the Local and Regional Self-Government Wage Act, 2010 trade unions representing employees in local and regional self-government units are free to initiate the process for collective bargaining and to negotiate the basis for determining the salaries as there are no restrictions or prohibitions on freedom of collective bargaining. While taking due note of the above, the Committee recalls that the Trade Union of State and Local Government Employees of Croatia (SDLSN) had previously criticized the bargaining system in that it allegedly restricted the right of employees of financially weaker local and regional self-government units to bargain collectively over the wage formation basis. In light of the above, the Committee encourages the Government to engage in social dialogue with the most representative workers’ organizations in the concerned units with a view to exploring possible ways of improving the collective bargaining system on the wage formation basis.

Promotion of collective bargaining in practice. The Committee previously requested the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements. The Committee notes the Government’s indication that: (i) all civil and public servants (231,988) are covered by collective agreements; (ii) collective agreements in the public sector were concluded in the following areas: civil servants; public servants (basic collective agreement); social care; health and health insurance; elementary schools and high schools; science and higher education; cultural institutions financed from the State budget; the Croatian Employment Service and the Croatian Pension Insurance Institute; (iii) 83 collective agreements were concluded with the municipality, the town or the county as one of the parties of the contract but the overall coverage by collective agreements in the local and regional government, out of 14,058 workers, is unknown; (iv) most of the state-owned companies are covered by collective agreements; (v) there were two sectoral collective agreements concluded in the private sector (hospitality and construction sectors) applicable to all employers of the sectors concerned and covering 150,543 workers and many companies also conclude enterprise-level collective agreements; and (vi) around 50–55 per cent of all workers in the public and private sectors are covered by collective agreements, while most of the employees not covered by collective agreements work in small or medium-sized companies, crafts or newly established enterprises. The Committee further notes the Government’s indication that, in the context of the COVID-19 pandemic, many private companies made annexes to collective agreements with trade unions agreeing on reduction or postponement of some material rights. The Committee requests the Government to continue to provide statistical information on the number of collective agreements concluded and in force, the sectors concerned and the percentage of the workforce covered by these agreements.