Croatia - 2012

Population: 4,400,000
Capital: Zagreb
Unlawful dismissals of shop stewards and trade union members continue to undermine the right to organise and to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Trade unionists whose rights have been violated usually manage to obtain a court decision in their favour, but these are not always respected by the employers. At least three shop stewards were dismissed.

reported violations - 2012

Documented violations - actual number of cases may be higher

Background

Concluding the negotiations in June 2011 and signing the EU Accession Treaty in December, Croatia is set to become 28th EU member state on 1 July 2013. Elections held on 4 December 2011 resulted with the change of Government after eight years, and brought to power centre-left coalition led by Social Democrat Prime Minister Zoran Milanović. High level corruption investigations have continued, including the trial against former Prime Minister Ivo Sanader which started in September. Although the country finally exited recession in the first quarter of 2011, unemployment continued to increase until the end of the year.

Trade union rights in law

Fundamental trade union rights are guaranteed, although with some limitations. Workers are entitled to form or join unions of their own choosing without prior authorisation, and union representatives are protected against anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

. The right to collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
is recognised by law. Public sector unions jointly negotiate the basis for all wages in the public sector, but unions may also negotiate their salaries separately with the government. However, the Act on the Basis for Wages in Public Services stipulates that if a collective agreement is not concluded before the adoption of the state budget, the government can decide on the wages unilaterally.

The Local and Regional Self-Government Wage Act of 19 February 2010 also restricts the right to bargain collectively for employees of local and regional self-governments. The right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is secured, however the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
provisions in the 2010 Labour Act do not apply to employees in state administration and public services, and the special law that will regulate this matter has not yet been adopted.

In practice

Short-term contracts complicate organising: : The majority of recently employed workers are on fixed-term contracts for up to three years, with some contracts being as short as three months. This situation especially affects young workers and women. Faced with the threat of their contracts not being renewed, workers do not dare to form or join a union.
Reprisals for trade union activities: It is not uncommon for shop stewards and union activists to face reprisals, including dismissals, for organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. or for publicly speaking about companies’ illegal business practices.

Violations

Dismissed for joining the union: Prompted by repeated violation of workers’ rights, 12 lorry drivers employed by the Džajić Promet road transport company, in Zagreb, joined the Trade Union of Croatian Drivers in December 2010, electing Tomislav Pavlek as shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. . After informing the employer about the election of their shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. , all 12 union members were called for individual interviews, and requested to leave the union or face salary cuts or dismissal. In addition to Pavlek, only four drivers remained union members. On 28 February, the employer dismissed Pavlek and the remaining four union members.
Union dissolved under employer pressure : On 16 June, the Trade Union of Istria and Kvarner (SIK) announced that its enterprise level organisation at the public water management company Vodovod, in Pula, was closing down. The decision came after the last of 22 members in the company left the union because of employer pressure. Anti union harassment had been going on for some time. The shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. , Stanko Radulović, was harassed by the company director Darko Višnjić for months, due to his involvement in collective negotiations in the company. He was finally dismissed, without the union’s consent, on 6 June 2010. On 19 July, the Municipal Court in Pula ruled in favour of Radulović, who had sued Vodovod for unlawful dismissal.
Unlawful collection of union membership data : The Croatian Tax Administration, in a circular letter sent on 19 May 2011, requested its employees to fill in forms containing personal data, including their nationality and trade union affiliation. The request was in violation of the Constitution and the Law on Personal Data Protection, as there was no legal document providing for the collection of this kind of data. Following a report filed by the Trade Union of State and Local Government Employees of Croatia, the Croatian Personal Data Protection Agency confirmed the action was unlawful and ordered the Tax Administration to discontinue further collection and processing of such data.
Dismissed during strike: Workers at the stone quarrying and processing company Jadrankamen, in Pučišća on the island of Brač, went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 12 December for the fifth time in a year, in protest at the non-payment of wages and social contributions, and violations of the collective agreement. The management sued the Independent Trade Union Jadrankamen on the basis that the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was unlawful, but on 13 December the County Court in Split ruled the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was legal. The President of the enterprise-level union, Tonči Drpić, was nevertheless dismissed on 15 December.
Journalists right to strike undermined :

Members of the Trade Union of Journalists employed by Croatia’s largest circulation daily, Večernji list, in Zagreb, owned by the Austrian Styria Media Group, went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 23 March, following the employer’s refusal to sign a new collective agreement. The management hired security guards and locked the entrance to the company on the day the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
began, preventing workers from holding their strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
at the workplace. The management also requested each worker to individually state if he/she was on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
or not, and hired freelance journalists to replace workers on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.

During a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
organised at the local daily Glas Istre, in Pula, in November 2010, the judge of the County Court in Pula Ondina Vidulić Matijević ruled that the production of a newspaper is an activity that cannot be terminated during a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
and issued a back to work order for 20 workers, thus effectively restricting the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
for remaining journalists who subsequently had to terminate the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. In a subsequent hearing at the County Court in Zagreb, the court retroactively annulled the original ruling, stating it has not only significantly limited, but rendered impossible, the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, and as such was legally unfounded. Although without effect for the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in Glas Istre, the decision could be significant for future journalists’ strikes, as it clearly stated it is unacceptable to issue back to work order in the media insofar as it would undermine the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.

Anti-union harassment against shop stewards :

Dalibor Tudić, shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. of the Trade Union of Tourism and Services of Croatia (STUH), resigned in June 2011, following eight months of constant anti-union pressure and mobbing by his employer, the sport-betting company Pelikan kladionice, in Zagreb. Among other things, STUH reported that the employer unlawfully amended Tudić’s employment contract, prevented his trade union work and banned him from entering the company premises.

Just two days after a branch union of the Trade Union of Wood and Paper Industry was established in the Pan paper manufacturing company in Donji Andrijaševci in November, newly elected shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. Marinko Matić was unlawfully demoted. Employees decided to form a union after months of being paid their wages in coupons which could be used only in the company’s shops.

In October, the New Trade Union, affiliated to the Croatian Trade Union Association, filed criminal charges and requested a labour inspection labour inspection An authority responsible for ensuring compliance with labour laws and legal provisions relating to protection of workers through the inspection of workplaces. of the companies Presoflex gradnja, in Požega, and Sunčana staza, in Zagreb, because they would not allow trade union activity in the company. According to the New Trade Union, both companies have dismissed shop stewards without union consent, as well as workers over 60 years old, which is also in violation of the Labour Law.

Persistent anti-union pressure against drivers union: The Municipal Court in Sinj ordered the reinstatement of Anto Buljan and Branko Norac, shop stewards from the Trade Union of Drivers and Traffic Workers of Autoprijevoz, who were dismissed in April 2010 without the consent of their union. In the case of Buljan, the employer appealed but the County Court in Split confirmed the first-instance decision. In October 2011, the employer filed a suit against Buljan, demanding compensation for damaging the company’s reputation by going on hunger strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
the previous year. On 16 November, union members Ivan Čupić, Slavko Bračulj and Igor Tokić started a hunger strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
after being made redundant, while only six weeks earlier four new drivers were employed on fixed-term contracts, due to the increased volume of work. On the first day of their action, the employer hired security guards who attempted to oust the workers from the company premises, and after failing to do so, locked them into the building. The workers were unlocked only after the arrival of the police. The Croatian Association of Trade Unions (HUS), which also has a branch in the company, reported the employer’s attempt to dismiss their shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. Veljko Nasić in July 2011. Both unions also stated that the employer is sponsoring a yellow union yellow union A union set up and/or controlled by the employer to prevent the establishment of a genuine trade union. among newly employed workers. Following an investigation initiated in 2010, in September 2011 the County State Attorney’s Office in Split issued an indictment against the owner and company director Joško Jerkan and two other members of the management for a wide range of malpractices in the company’s operations.
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