Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

Article 2. The Committee observes that according to section 14 of the Public Organizations and Citizens Organization Act an employers' association may be established by at least ten citizens who have attained their majority. In this connection, the Committee considers that to impose a minimum of ten citizens in order to form an employers' organization might discourage the establishment of such organizations. In these circumstances, the Committee asks the Government to take the necessary measures to amend its legislation by reducing the minimum number of members required for the establishment of employers' organizations.

Article 3. The Committee observes that the Union of Autonomous Trade Unions of Croatia, referring to the Bill regulating the right to strike in public services and companies, complains that: (1) a strike may not be called in these sectors before completion of the compulsory mediation procedure; and (2) a strike may be held only if the employer agrees to the list of services and workers required for the maintenance of a minimum service. With regard to the first issue, the Committee considers that a reasonable period for mediation and conciliation before carrying out a strike is not contrary to the principles of freedom of association. With regard to the second issue, the Committee observes that in the event of disagreement between the parties in determining the minimum service, the matter is decided by arbitration subject to the possibility of appeal. The Committee considers that this is not inconsistent with the principles of freedom of association.

Article 4. The Committee notes that under section 42 of the Public Organizations and Citizens Organization Act, workers' and employers' organizations may be dissolved by a decision of the administrative authority. The Committee considers that the dissolution or suspension of workers' and employers' organizations by administrative means is contrary to Article 4 of the Convention and that, in any event, an organization to which such measures are applied should be able to seek redress before a judicial body. The Committee asks the Government to state whether legal redress may be sought in the event of the dissolution referred to in section 42 of the above Act and if the judge is competent to examine the substance of the case and, if so, whether it has the effect of suspending execution of the administrative decision. If this is not the case, the Committee requests the Government to ensure that provisions to this effect are adopted.

Lastly, since the Government states that it envisages drafting new legislation on freedom of association and the right to organize, the Committee expresses the hope that such legislation will be fully in conformity with the requirements of the Convention and asks the Government to keep it informed of any draft legislation on this matter.