Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes the information supplied by the Government in its first report on the application of the Convention. The Committee also notes the comments made by the Autonomous Trade Unions of Croatia and the Government's observations in this regard.

First, the Committee observes that the Autonomous Trade Unions of Croatia refers to problems in the application of section 95 of the 1992 Labour Relations Act, which provides that in the event that two or more trade unions have been formed, the right to represent the workers in collective negotiations is laid down by a joint agreement of all the trade unions concerned, and that if no such agreement is reached, representation shall be settled by discussion between the workers of the union which refuses to negotiate and the other unions concerned. The above organization complains that this provision does not specify who is to organize the discussions for taking decisions, or in what manner, or what is to be done in the event of a negative decision. The organization also states that, the fact that more than 70 trade unions have to reach an agreement may mean that failure to agree on the part of one of them may jeopardize the negotiation of a collective agreement.

Although the above provision does not appear to infringe the right of trade unions to negotiate collectively, it is not conducive to collective bargaining within the meaning of Article 4 of the Convention. It would therefore be advisable for the legislation to establish that, if the unions do not reach an agreement, they shall at least have the right to conclude agreements on behalf of their members, or to provide for conciliation procedures. The Committee asks the Government to take all necessary steps to bring its legislation into closer conformity with the Convention, and to keep it informed of developments.

Secondly, the Committee notes that the Autonomous Trade Unions of Croatia complains about the promulgation of the Decree on wages of 3 October 1993, which imposes a minimum wage, and indicates that the latter is to serve as a basis for determining the wages of all workers. The Committee notes the Government's statements in connection with the Decree that: (1) it was promulgated because the collective agreements with clauses on this subject had expired and the parties had failed to conclude new agreements; (2) the trade union federations were consulted but their proposals were not accepted because in the present state of the economy of the Republic of Croatia this would have endangered the Government's efforts to curb inflation and improve the national economy by means of the stabilization programme; (3) it regulates the public sector; (4) it was issued in the context of an economic stabilization programme and a social programme for maintaining the standard of living; and (5) it was issued on a temporary basis.

In this connection the Committee reminds the Government that if, as part of an economic stabilization or structural adjustment policy (i.e. for unavoidable reasons of national and economic interest) a government provides that wage rates may not be fixed freely by collective bargaining, this restriction must be applied as an exceptional measure and limited to what is essential, must not exceed a reasonable period and must be accompanied by guarantees for the effective protection of the living standards of the workers concerned. The Committee hopes that in the future the independence of the parties will be maintained when working conditions are negotiated (and that wage rates may be fixed through collective negotiation), and asks the Government to state whether the period of validity of the above-mentioned Decree has been extended and, if so, until when.

The Committee is also sending the Government a direct request.