Labour Inspection Convention, 1947 (No. 81) - Croatia (RATIFICATION: 1991)

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Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3(1)(b) and 17(2) of Convention No. 81 and Articles 6(1)(b) and 22(2) of Convention No. 129. Technical information and advice to employers and workers in the area of occupational safety and health (OSH). In reply to the Committee’s previous comment, the Government reiterates that labour inspectors in the field of OSH may adopt administrative and prohibition measures to require the elimination of identified irregularities in the workplace and initiate misdemeanour proceedings in accordance with the provisions of the Occupational Health and Safety Act. The Government also indicates that pursuant to section 34(9) of the same Act, labour inspectors may give advice at the request of the employer during the inspection. Also, section 34(1) stipulates that every employer with more than 50 employees must establish an OSH committee. OSH committee’s sessions must be reported to the labour inspectorate, which also has the right to participate in its sessions. In addition, section 34(8) stipulates that the employer is obliged to call a meeting in the event of fatal injuries, injuries that have led to the worker’s hospitalization, occupational diseases and other findings of the inspection that establish a deficiency in the implementation of occupational safety. The Committee notes that, according to the 2022 Labour Inspection Report, the key challenges of labour inspection in the field of occupational safety were related to the prevention of injuries at work and occupational diseases. The Committee also notes that according to the Labour Inspection Report, during 2022, 65 inspections were carried out in connection with occupational fatalities and 521 in relation to occupational injuries. The Committee requests the Government to continue to provide information regarding the manner in which the labour inspectorate provides technical information and advice on OSH to employers and workers, in particular with regard to the prevention of occupational accidents and fatalities and in relation to occupational diseases. The Committee also requests the Government to provide information on the participation of labour inspectors in OSH committees as a matter of practice.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control by a central authority. The Committee note that, in accordance with the provisions of the Act on State Inspectorate and the Amendments to the Act on the Organization and Scope of Ministries and Other Central Bodies of State Administration, the State Inspectorate started operating on 1 April 2019 as an independent inspection body covering 17 different inspection areas, including labour inspection. The State Inspectorate has a Central Office in Zagreb with 37 branches and the labour inspectors are distributed in 27 of them. The Committee takes note of this information which addresses its previous request.

Articles 5(a), 14 and 21(g) of Convention No. 81 and Articles 12, 19 and 27(g) of Convention No. 129. Effective cooperation between the inspection services and other government services and public institutions. Notification of cases of occupational diseases and statistics thereof. The Committee notes the information provided by the Government that the labour inspectorate regularly receives information from the Croatian Health Insurance Institute on all cases of accidents at work and occupational diseases, including those involving agricultural workers and also commuting injuries. However, once again the Committee notes that the annual report on the work of labour inspection services does not contain statistics on cases of occupational diseases. The Committee requests the Government to provide information on the measures adopted in order to ensure that in practice the labour inspectorate is notified of cases of occupational diseases and that this information is contained in the annual labour inspection report.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee notes the Government’s indication that the provisions of the Civil Servants Act prescribe, among other things, rights and duties of civil servants, conflict of interest, method and procedure of admission, probationary work, state examination, promotion, responsibility for violations of duty and removal from the service. The Committee notes the information provided by the Government that, with the unification of the inspection services in the State Inspectorate, all civil servants who were working as labour inspectors, senior labour inspectors, or specialists, either continued to work in the same positions or were promoted based on the conditions for promotion in terms of years of work experience and their annual evaluation. In addition, the Government indicates that most of the civil servants who were assigned to managerial positions in the labour inspectorate in the then Ministry of Labour and the Pension System were reassigned to managerial positions within the new Labour Inspectorate. The Committee takes note of this information which addresses its previous request.

Article 12(1)(c)(iv) of Convention No. 81 and Article 16(1)(c)(iii) of Convention No. 129. Taking or removing for purposes of analysis samples of materials and substances used or handled. The Committee notes the Government’s reply that section 61 of the Act on State Inspectorate ensures that the labour inspectorate have the right to take pictures or keep record of persons and workplaces inspected. The inspector is also authorized by the same section to request and examine public identity documents, as well as to take statements from persons present at the inspection sit, . In addition, Section 62(2) ensures that inspectors have the right to request documentation and data relating to the supervision of the general conditions of work. Noting once again that the legislation currently does not provide for the power of inspectors to take or remove, for purposes of analysis, samples of materials and substances used or handled in the establishment, subject to the employer or the employer’s representative being notified of any samples or substances taken or removed for such a purpose,the Committee requests the Government to provide information on any measures taken or envisaged in this regard.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services. The Committee notes the information provided by the Government that the annual report on the work of the labour inspectorate is an integral part of the Annual Report on the work of the State Inspectorate, which is published on its website. The Committee also notes the Government’s indication on the number of inspections undertaken in the agriculture, forestry and fisheries sectors (1,104 inspections in 2019, 1,032 in 2020, 981 in 2021, and 880 in 2022) as well as on the number of indictments for violations identified concerning the same sectors (63 in 2019, 56 in 2020, 64 in 2021 and 45 in 2022). The Committee notes, however, that the Annual Report 2022 does not contain information concerning statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129), statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129), and industrial accidents and occupational diseases (Article 21(f) and (g) of Convention No. 81 and Article 27(f) and (g) of Convention No. 129). The Committee also notes that the report does not contain information concerning the staff of the labour inspection service in agriculture (Article 27(b) of Convention No. 129). The Committee requests the Government to give full effect to Article 21 of Convention No. 81 and Article 27 of Convention No. 129, in particular with regard to the required information listed above.

Issues specifically concerning labour inspection in agriculture

Article 9 of Convention No. 129. Training of labour inspectors in agriculture. The Committee notes the information provided by the Government that the training of inspectors is done through workshops and is based on the regulations, literature, and EU guidelines for the application of the directive on the protection of the health and safety of workers in agriculture, animal husbandry, horticulture and forestry. The Committee further notes the Government’s indication that the agriculture inspectorate operates within the State Inspectorate, which, if necessary, could be involved to address specific situations. The Committee requests the Government to provide information on the specific training provided to labour inspectors on the particular risks in agriculture and related issues upon their entry into service and in the course of employment, including the number of labour inspectors who completed such training, the specific subjects covered, and the duration of training sessions.

Articles 12(2) and 17 of Convention No. 129. Preventive control in association with other public bodies or approved institutions. The Committee notes the information provided by the Government that, since 1 April 2019, the State Inspectorate encompasses both the labour inspectorate and the agricultural and phytosanitary inspectorate, so that exchange of essential information between all inspectorates is ensured. The Committee requests the Government to provide information on how cooperation between labour inspection services and the agricultural and phytosanitary Inspection is carried out in practice in order to ensure that labour inspection services in agriculture are associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, and to include examples of such cooperative efforts.

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Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. In reply to the Committee’s previous comment, the Government indicates that labour inspectors are entrusted with supervising the implementation of provisions of the Foreigners Act regarding the legality of work and employment of third-country nationals without residence and work permits. The Government indicates that, in cases where the labour inspectors recognize the existence of illegal work performed by a third-country national, they take the prescribed misdemeanour and administrative measures and inform the Ministry of Interior and the Tax Administration of the Ministry of Finance for further action. The Committee notes that according to the 2022 Labour Inspection Report, the labour inspectorate identified 526 undeclared workers which were third-country nationals whose status was contrary to the provisions of the Foreigners Act. The Committee recalls that the primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers and not to enforce immigration law. It further recalls that pursuant to Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. Therefore, the Committee requests once again that the Government take measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as set forth in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. It also requests the Government to indicate how the labour inspectorate ensures the enforcement of employers’ obligations with regard to the statutory rights of workers found to be working irregularly, including migrant workers, particularly with regard to the payment of wages and social security credits.

Articles 3(2), 10, and 16 of Convention No. 81 and Articles 6(3), 14 and 21 of Convention No. 129. Number of labour inspectors for the effective discharge of the duties of the inspectorate and additional duties. In reply to the Committee’s previous comment, the Government indicates that in recent years, the number of cases communicated by the Tax Administration on non-payment of wages has significantly decreased, as well as the number of workers who have not been paid the minimum wage, so that these tasks no longer represent a burden that significantly impedes the conduct of inspections in the field of labour relations. The Committee also notes the Government’s indication that according to the Ordinance on the internal organization of the State Inspectorate No. 97 of 2020, a total of 268 labour inspector positions are foreseen within the State Inspectorate (148 in the field of labour relations and 120 in the field of occupational safety). The Government indicates that as of 31 December 2022, 188 positions were filled (108 in the field of labour relations, and 80 in the field of occupational health and safety). Finally, the Committee also notes the Government’s indication that difficulties in the application of the Convention derive from an insufficient number of labour inspectors. Noting that a considerable number of labour inspection positions are still vacant, the Committee requests the Government to take the necessary measures to fill them as soon as possible and also to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, including in the agricultural sector, and that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the provisions of these Conventions.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22(1) and 24 of Convention No. 129. Institution of legal proceedings and enforcement of adequate penalties. The Committee takes note of the information provided by the Government that, in recent years, there have been fewer verdicts dismissing charges filed by labour inspectors in misdemeanour cases due to failure to comply with the applicable statute of limitations. However, the Government reports that it does not have statistical data on the number of prosecution motions rejected due to the limitation period in misdemeanour cases, nor on the fines imposed. The Committee also notes a decrease in the number of indictments submitted by labour inspectors to the competent courts in the past four years (2,366 in 2019, 1,608 in 2020, 1,466 in 2021 and 1,642 in 2022). The Committee recalls that in its 2007 General Observation on Convention No. 81 it emphasized that the effectiveness of the binding measures taken by the labour inspectorate depends to a large extent on the manner in which the judicial authorities deal with cases referred to them by, or at the recommendation of, labour inspectors. It is therefore indispensable for an arrangement to be established whereby relevant information can be notified to the labour inspectorate. Accordingly, the Committee requests that the Government indicate the measures adopted in order to ensure effective cooperation between the inspection services and the judiciary with regard to the effective enforcement of legal provisions relating to conditions of work and the protection of workers by labour inspectors. The Committee requests the Government to provide information on the progress achieved or the difficulties encountered in the effective enforcement of adequate and sufficiently dissuasive penalties, including information on the number and nature of penalties assessed, the total amounts assessed, and other sanctions. The Committee also encourages the Government to pursue its efforts in the collection of statistical information on the number of legal proceedings initiated by labour inspectors that were declared inadmissible, and the main reasons for their inadmissibility. Finally, the Committee requests the Government to provide information on the reasons for the decrease in the number of indictments submitted to the courts by labour inspectors.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Convention Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) on Convention No. 81, received in 2016.

Articles 3(1)(b) and 17(2) of Convention No. 81 and Articles 6(1)(b) and 22(2) of Convention No. 129. Technical information and advice to employers and workers in the area of occupational safety and health (OSH). The Committee takes due note that, pursuant to section 29 of the Labour Inspectorate Act (No. 19/14) (LIA), labour inspectors may advise the employer, at the employer’s request and in direct relation to the subject of inspection, on the most efficient way to apply certain provisions of the regulations subject to inspection, and that an official note is to be recorded by the labour inspector on the content of the request and the advice provided. The Government also indicates in its report that, pursuant to section 36(1) of the LIA, labour inspectors shall issue administrative penalties where an irregularity has been found and where the LIA or other legislation provides for administrative penalties to be issued in such circumstances. In addition, the Government refers to administrative penalties provided in sections 91 and 92 of the Occupational Safety and Health Act (Nos 71/14, 118/14, 154/14) (OSH Act 2014) and the misdemeanour measures set out in sections 94 to 100 thereof. The Committee further notes the Government’s indication that the labour inspectorate cooperates with the Croatian Employers’ Association and trade unions, in occupational safety committees. The Committee requests the Government to continue to provide information regarding the manner in which the labour inspectorate provides technical information and advice to employers and workers, including further information regarding the nature, scope, and outcomes of the work of the labour inspectorate in occupational safety committees.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control by a central authority. The Committee notes the Government’s indication that, following the adoption of the LIA and in accordance with the Act on the Organisation and Scope of the Ministries and other Central State Administration Bodies, the labour inspection carried out by the former State Inspectorate, which ceased its activities, has been transferred to the labour inspectorate, an independent administrative organization within the Ministry of Labour and Pension System, with its central office in Zagreb. The UATUC and NHS allege that with the abolition of the State Inspectorate, inspections services became administrative organisations within different ministries, which led to the loss of autonomy and independence in the labour inspectorate’s work. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure the effective functioning of the system of labour inspection under the supervision and control of the central authority.

Articles 5(a), 14 and 21(g) of Convention No. 81 and Articles 12, 19 and 27(g) of Convention No. 129. Effective cooperation between the inspection services and other government services and public institutions. Notification of cases of occupational diseases and statistics thereof. The Committee previously noted that the annual report on the work of the labour inspection services did not contain statistics on cases of occupational disease. In this respect, it notes the information contained in the Annual Report 2017 of the labour inspectorate that, during 2017, 19 inspections were carried out on the occasion of established diseases, involving 18 workers with occupational diseases. The Committee notes that, under section 63(9) of the OSH Act 2014, the occupational medicine specialist, to be appointed by the employer in accordance with regulations relating to health care and health insurance, is required to notify all cases suspected on reasonable grounds of being an occupational disease to a competent inspector and the institute competent for OSH. The Government further indicates that the Croatian Health Insurance Fund provides the labour inspectorate with monthly updated data on all occupational accidents which have occurred in the country and on recognized occupational diseases, and that an online system for providing access to this data is being established. The Croatian Institute for Health and Protection and Safety at Work keeps a public registry of recognized occupational diseases at the national level, and these statistics cover occupational diseases in agriculture. The Committee requests the Government to continue to provide information on the establishment of an online system for data on occupational accidents and recognized occupational diseases, including its impact on the work of the labour inspectorate, and whether the system includes statistics on both occupational accidents and diseases covering workers in agriculture.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee notes the Ordinance on the Activities and Working Conditions of the Civil Service (Nos 74/02, 58/08, 119/11, 33/13 and 65/15) and the Regulation on the Classification of Posts in the Civil Service (Nos 77/07, 13/08 and 81/08), referred to by the Government, and notes the provisions ensuring that inspectors receive a special allowance in addition to their basic salary. The Committee also notes the Government’s statement that labour inspectors are recruited for an indefinite period of time. The Committee requests the Government to provide further information regarding the conditions of work of labour inspectors, including opportunities for continuity and advancement within the inspectorate and the manner in which the Government ensures that the labour inspectors are independent of changes of government and of improper external influences, following the establishment of the new labour inspectorate.

Article 11(1)(b) of Convention No. 81 and Article 15(1)(b) of Convention No. 129. Transport facilities. With regard to its previous request for information regarding arrangements made to reimburse inspectors for any travelling and incidental expenses incurred in the performance of their duties, the Committee notes the Government’s indication that the reimbursement of travel costs of labour inspectors, both for transport and their stay at inspection sites, is regulated by the Collective Agreement for Civil Servants and Employees, and is calculated and paid accordingly, separate from their salary payment, so that they are reimbursed for all the costs related to inspection activities.

Article 12(1)(c)(iv) of Convention No. 81 and Article 16(1)(c)(iii) of Convention No. 129. Taking or removing for purposes of analysis samples of materials and substances used or handled. The Committee notes that section 34 of the LIA provides for the power of labour inspectors to temporarily seize any documents and objects that may be used as evidence in the misdemeanour or criminal procedure until a final decision has been rendered. Pursuant to section 33(4) of the LIA, the employer shall also prepare and submit, at the written request of the labour inspector and within a deadline sufficient to perform the obligation, accurate and complete data, information and materials required to conduct the inspection. The Committee requests the Government to provide information on any measures taken or envisaged to ensure that labour inspectors are empowered to carry out any examination, test or enquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed, including taking or removing for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose.

Articles 5(a), 20 and 21 of Convention No. 81 and Articles 12, 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services (in agriculture). In its previous comments, the Committee requested information regarding the sharing of data with other government bodies and institutions, with a view to establishing and updating the e-register of the labour inspectorate. In this respect, the Committee notes the Government’s indication that initial steps have been taken to link the e register with the records of various bodies, including the Croatian Pension Insurance Institute, the Tax Administration, and the Agency for Insurance of Workers’ Claims in Case of Employer’s Bankruptcy, and that the e-register also uses data from the Ministry of Entrepreneurship and Crafts and the Croatian Bureau of Statistics. The Committee also notes the efforts of the Government as part of the World Bank project, the “Social Protection System Modernization”, which aims to address labour inspectors’ need for quicker access to relevant registers, official records and databases. The Government indicates that this project may create the prerequisite for the development of special databases on employers, performed inspections, identified irregularities and measures undertaken to remedy irregularities. In addition, the Committee notes the Government’s indication that the e-register of the labour inspectorate contains up to-date data on inspections and the measures undertaken in the field of agriculture by labour inspectors. The Committee notes, however, that the Annual Report 2017 of the labour inspectorate does not seem to contain information on the subjects listed in Article 21(g) of Convention No. 81 concerning statistics of occupational diseases and Articles 27(a) to (g) of Convention No. 129 with regard to agriculture. The Committee requests the Government to give full effect to Article 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129, in particular with regard to the required information listed under Article 21(g) of Convention No. 81 and Article 27(a), (b), (c), (d), (e), (f), and (g) of Convention No. 129. It further requests the Government to continue to provide information regarding the cooperation and measures taken or envisaged for the improvement of the labour inspectorate’s e-register, as well as the impact of those measures on the labour inspectorate’s ability to publish its annual reports.

Issues specifically concerning labour inspection in agriculture

Article 9 of Convention No. 129. Training of labour inspectors in agriculture. The Committee notes the conditions for the recruitment of labour inspectors set out in section 11(10) and (11) of the LIA. The Committee also notes the Government’s reference to the training period of new labour inspectors by a mentor, and the manner in which subsequent trainings are conducted. With regard to its previous comments on the training of labour inspectors in areas related to agriculture, the Committee notes the Government’s indication that the labour inspectorate does not conduct special training in the field of agriculture, but that workshops take place at least twice per year in each regional office, during which issues related to agriculture are also considered. The Committee further notes the Government’s indication that the central office of the labour inspectorate provides additional instructions to labour inspectors if necessary. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that labour inspectors acquire the technical knowledge and are otherwise adequately trained for the performance of their duties in the area of agriculture, including the manner in which agriculture is discussed and the specific subjects covered in the workshops referred to by the Government, and the frequency of agricultural training in any other settings.

Articles 12(2) and 17 of Convention No. 129. Preventive control in association with other public bodies or approved institutions. The Committee previously noted that the preventive control of plants, materials or substances that may be hazardous for health or safety is assumed by the Agricultural and Phytosanitary Inspection at the Ministry of Agriculture. In this respect, the Committee notes the Government’s indication in response to its previous request that the labour inspectorate cooperates with agricultural and phytosanitary inspectors, but that such cooperation is carried out only when necessary. The Committee requests the Government to provide further information regarding the recent cooperation between the labour inspectorate and the agricultural and phytosanitary inspectors on the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, including whether the Government has taken or envisaged any measures to plan more regular cooperation.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) on Convention No. 81, received in 2016.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee notes that the Government has not replied to its previous request regarding the role of the labour inspectorate and the justice system in the enforcement of the Foreigners Act (FA) and on joint activities involving the labour inspectorate in combating undeclared work. The Committee notes that pursuant to section 3(2) of the Labour Inspection Act (LIA), labour inspectors conduct inspections in connection with the implementation of other legislation whenever stipulated in specific legislation. The Committee also notes that the Annual Report of the labour inspectorate of 2017, referred to by the Government, contains information on the work of labour inspectors in the enforcement of the provisions of the FA, including measures relating to the work of foreigners without a permit or a work registration certificate (section 208 of the FA). The Committee recalls once again its previous comments that the Convention does not contain any provision suggesting that any workers be excluded from the protection afforded by labour inspection on account of their irregular employment status, and that the primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers and not to enforce immigration law. It further recalls that pursuant to Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties.The Committee requests the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as provided for in Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It also once again requests the Government to provide detailed information regarding the role of labour inspectors in the enforcement of the FA, as well as any other joint activities between the labour inspectorate and other state bodies aimed at combating undeclared work, including the scope of these activities, the proportion of labour inspection activities and resources directed to the enforcement of the FA or otherwise combating undeclared work, and the impact of these activities on the work of the labour inspectorate with regard to the enforcement of legal provisions on conditions of work and the protection of workers.

Articles 3(2), 10, and 16 of Convention No. 81 and Articles 6(3), 14 and 21 of Convention No. 129. Number of labour inspectors for the effective discharge of the duties of the inspectorate and additional duties. The Committee notes the observations by the UATUC and the NHS that there is an insufficient number of labour inspectors, and that the existing inspection staff is burdened by the quantity of work related to workers’ claims in cases of employer bankruptcy, which prevents them from discharging their primary tasks in the fields of employment relations and occupational health and safety (OSH). The UATUC and NHS further note the likely imminent retirement of many labour inspectors, and that the lack of inspectors has a significant influence on the regularity and quality of inspections in the field of OSH and labour relations. The Committee notes the Government’s statement that, as of 31 December 2016, the labour inspectorate employed a total of 226 labour inspectors and 10 other civil servants in positions related to IT and analytical activities for the improvement of the work carried out by the labour inspectorate and that by 31 December 2017, the number of labour inspectors had increased to 229. Nonetheless, the Government also identifies the insufficient number of labour inspectors as one of the difficulties encountered in the application of the Convention.The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that a sufficient number of labour inspectors is appointed, in accordance with Article 10 of Convention No. 81 and Article 14 of Convention No. 129, and that existing labour inspectors’ additional duties do not interfere with the effective discharge of their primary duties.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22(1) and 24 of Convention No. 129. Institution of legal proceedings and enforcement of adequate penalties. In its previous comments, the Committee noted a decrease in the rate of cases in which the legal proceedings initiated by labour inspectors were declared inadmissible by the misdemeanour courts due to the expiration of the statute of limitations (from 58 to 36.5 per cent), due primarily to the adoption of the Misdemeanours Act modifying the applicable time limits. The Committee notes an absence of information in response to its previous request regarding additional measures to give effect to Articles 5(a), 17 and 18 of Convention No. 81.Recalling the importance of cooperation between the labour inspection system and the justice system, the Committee requests the Government to provide information regarding any measures taken or envisaged to accelerate the examination of cases referred by labour inspectors to the courts and to ensure effective enforcement of adequate and sufficiently dissuasive penalties, including detailed information on the progress achieved or the difficulties encountered as well as statistical information on the number of legal proceedings initiated by labour inspectors that were declared inadmissible, and the main reasons for their inadmissibility.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Convention Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) on Convention No. 81, received in 2016.

Articles 3(1)(b) and 17(2) of Convention No. 81 and Articles 6(1)(b) and 22(2) of Convention No. 129. Technical information and advice to employers and workers in the area of occupational safety and health (OSH). The Committee takes due note that, pursuant to section 29 of the Labour Inspectorate Act (No. 19/14) (LIA), labour inspectors may advise the employer, at the employer’s request and in direct relation to the subject of inspection, on the most efficient way to apply certain provisions of the regulations subject to inspection, and that an official note is to be recorded by the labour inspector on the content of the request and the advice provided. The Government also indicates in its report that, pursuant to section 36(1) of the LIA, labour inspectors shall issue administrative penalties where an irregularity has been found and where the LIA or other legislation provides for administrative penalties to be issued in such circumstances. In addition, the Government refers to administrative penalties provided in sections 91 and 92 of the Occupational Safety and Health Act (Nos 71/14, 118/14, 154/14) (OSH Act 2014) and the misdemeanour measures set out in sections 94 to 100 thereof. The Committee further notes the Government’s indication that the labour inspectorate cooperates with the Croatian Employers’ Association and trade unions, in occupational safety committees. The Committee requests the Government to continue to provide information regarding the manner in which the labour inspectorate provides technical information and advice to employers and workers, including further information regarding the nature, scope, and outcomes of the work of the labour inspectorate in occupational safety committees.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control by a central authority. The Committee notes the Government’s indication that, following the adoption of the LIA and in accordance with the Act on the Organisation and Scope of the Ministries and other Central State Administration Bodies, the labour inspection carried out by the former State Inspectorate, which ceased its activities, has been transferred to the labour inspectorate, an independent administrative organization within the Ministry of Labour and Pension System, with its central office in Zagreb. The UATUC and NHS allege that with the abolition of the State Inspectorate, inspections services became administrative organisations within different ministries, which led to the loss of autonomy and independence in the labour inspectorate’s work. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure the effective functioning of the system of labour inspection under the supervision and control of the central authority.

Articles 5(a), 14 and 21(g) of Convention No. 81 and Articles 12, 19 and 27(g) of Convention No. 129. Effective cooperation between the inspection services and other government services and public institutions. Notification of cases of occupational diseases and statistics thereof. The Committee previously noted that the annual report on the work of the labour inspection services did not contain statistics on cases of occupational disease. In this respect, it notes the information contained in the Annual Report 2017 of the labour inspectorate that, during 2017, 19 inspections were carried out on the occasion of established diseases, involving 18 workers with occupational diseases. The Committee notes that, under section 63(9) of the OSH Act 2014, the occupational medicine specialist, to be appointed by the employer in accordance with regulations relating to health care and health insurance, is required to notify all cases suspected on reasonable grounds of being an occupational disease to a competent inspector and the institute competent for OSH. The Government further indicates that the Croatian Health Insurance Fund provides the labour inspectorate with monthly updated data on all occupational accidents which have occurred in the country and on recognized occupational diseases, and that an online system for providing access to this data is being established. The Croatian Institute for Health and Protection and Safety at Work keeps a public registry of recognized occupational diseases at the national level, and these statistics cover occupational diseases in agriculture. The Committee requests the Government to continue to provide information on the establishment of an online system for data on occupational accidents and recognized occupational diseases, including its impact on the work of the labour inspectorate, and whether the system includes statistics on both occupational accidents and diseases covering workers in agriculture.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee notes the Ordinance on the Activities and Working Conditions of the Civil Service (Nos 74/02, 58/08, 119/11, 33/13 and 65/15) and the Regulation on the Classification of Posts in the Civil Service (Nos 77/07, 13/08 and 81/08), referred to by the Government, and notes the provisions ensuring that inspectors receive a special allowance in addition to their basic salary. The Committee also notes the Government’s statement that labour inspectors are recruited for an indefinite period of time. The Committee requests the Government to provide further information regarding the conditions of work of labour inspectors, including opportunities for continuity and advancement within the inspectorate and the manner in which the Government ensures that the labour inspectors are independent of changes of government and of improper external influences, following the establishment of the new labour inspectorate.

Article 11(1)(b) of Convention No. 81 and Article 15(1)(b) of Convention No. 129. Transport facilities. With regard to its previous request for information regarding arrangements made to reimburse inspectors for any travelling and incidental expenses incurred in the performance of their duties, the Committee notes the Government’s indication that the reimbursement of travel costs of labour inspectors, both for transport and their stay at inspection sites, is regulated by the Collective Agreement for Civil Servants and Employees, and is calculated and paid accordingly, separate from their salary payment, so that they are reimbursed for all the costs related to inspection activities.

Article 12(1)(c)(iv) of Convention No. 81 and Article 16(1)(c)(iii) of Convention No. 129. Taking or removing for purposes of analysis samples of materials and substances used or handled. The Committee notes that section 34 of the LIA provides for the power of labour inspectors to temporarily seize any documents and objects that may be used as evidence in the misdemeanour or criminal procedure until a final decision has been rendered. Pursuant to section 33(4) of the LIA, the employer shall also prepare and submit, at the written request of the labour inspector and within a deadline sufficient to perform the obligation, accurate and complete data, information and materials required to conduct the inspection. The Committee requests the Government to provide information on any measures taken or envisaged to ensure that labour inspectors are empowered to carry out any examination, test or enquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed, including taking or removing for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose.

Articles 5(a), 20 and 21 of Convention No. 81 and Articles 12, 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services (in agriculture). In its previous comments, the Committee requested information regarding the sharing of data with other government bodies and institutions, with a view to establishing and updating the e-register of the labour inspectorate. In this respect, the Committee notes the Government’s indication that initial steps have been taken to link the e register with the records of various bodies, including the Croatian Pension Insurance Institute, the Tax Administration, and the Agency for Insurance of Workers’ Claims in Case of Employer’s Bankruptcy, and that the e-register also uses data from the Ministry of Entrepreneurship and Crafts and the Croatian Bureau of Statistics. The Committee also notes the efforts of the Government as part of the World Bank project, the “Social Protection System Modernization”, which aims to address labour inspectors’ need for quicker access to relevant registers, official records and databases. The Government indicates that this project may create the prerequisite for the development of special databases on employers, performed inspections, identified irregularities and measures undertaken to remedy irregularities. In addition, the Committee notes the Government’s indication that the e-register of the labour inspectorate contains up to-date data on inspections and the measures undertaken in the field of agriculture by labour inspectors. The Committee notes, however, that the Annual Report 2017 of the labour inspectorate does not seem to contain information on the subjects listed in Article 21(g) of Convention No. 81 concerning statistics of occupational diseases and Articles 27(a) to (g) of Convention No. 129 with regard to agriculture. The Committee requests the Government to give full effect to Article 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129, in particular with regard to the required information listed under Article 21(g) of Convention No. 81 and Article 27(a), (b), (c), (d), (e), (f), and (g) of Convention No. 129. It further requests the Government to continue to provide information regarding the cooperation and measures taken or envisaged for the improvement of the labour inspectorate’s e-register, as well as the impact of those measures on the labour inspectorate’s ability to publish its annual reports.

Issues specifically concerning labour inspection in agriculture

Article 9 of Convention No. 129. Training of labour inspectors in agriculture. The Committee notes the conditions for the recruitment of labour inspectors set out in section 11(10) and (11) of the LIA. The Committee also notes the Government’s reference to the training period of new labour inspectors by a mentor, and the manner in which subsequent trainings are conducted. With regard to its previous comments on the training of labour inspectors in areas related to agriculture, the Committee notes the Government’s indication that the labour inspectorate does not conduct special training in the field of agriculture, but that workshops take place at least twice per year in each regional office, during which issues related to agriculture are also considered. The Committee further notes the Government’s indication that the central office of the labour inspectorate provides additional instructions to labour inspectors if necessary. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that labour inspectors acquire the technical knowledge and are otherwise adequately trained for the performance of their duties in the area of agriculture, including the manner in which agriculture is discussed and the specific subjects covered in the workshops referred to by the Government, and the frequency of agricultural training in any other settings.

Articles 12(2) and 17 of Convention No. 129. Preventive control in association with other public bodies or approved institutions. The Committee previously noted that the preventive control of plants, materials or substances that may be hazardous for health or safety is assumed by the Agricultural and Phytosanitary Inspection at the Ministry of Agriculture. In this respect, the Committee notes the Government’s indication in response to its previous request that the labour inspectorate cooperates with agricultural and phytosanitary inspectors, but that such cooperation is carried out only when necessary. The Committee requests the Government to provide further information regarding the recent cooperation between the labour inspectorate and the agricultural and phytosanitary inspectors on the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, including whether the Government has taken or envisaged any measures to plan more regular cooperation.

CMNT_TITLE

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) on Convention No. 81, received in 2016.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee notes that the Government has not replied to its previous request regarding the role of the labour inspectorate and the justice system in the enforcement of the Foreigners Act (FA) and on joint activities involving the labour inspectorate in combating undeclared work. The Committee notes that pursuant to section 3(2) of the Labour Inspection Act (LIA), labour inspectors conduct inspections in connection with the implementation of other legislation whenever stipulated in specific legislation. The Committee also notes that the Annual Report of the labour inspectorate of 2017, referred to by the Government, contains information on the work of labour inspectors in the enforcement of the provisions of the FA, including measures relating to the work of foreigners without a permit or a work registration certificate (section 208 of the FA). The Committee recalls once again its previous comments that the Convention does not contain any provision suggesting that any workers be excluded from the protection afforded by labour inspection on account of their irregular employment status, and that the primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers and not to enforce immigration law. It further recalls that pursuant to Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. The Committee requests the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as provided for in Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It also once again requests the Government to provide detailed information regarding the role of labour inspectors in the enforcement of the FA, as well as any other joint activities between the labour inspectorate and other state bodies aimed at combating undeclared work, including the scope of these activities, the proportion of labour inspection activities and resources directed to the enforcement of the FA or otherwise combating undeclared work, and the impact of these activities on the work of the labour inspectorate with regard to the enforcement of legal provisions on conditions of work and the protection of workers.

Articles 3(2), 10, and 16 of Convention No. 81 and Articles 6(3), 14 and 21 of Convention No. 129. Number of labour inspectors for the effective discharge of the duties of the inspectorate and additional duties. The Committee notes the observations by the UATUC and the NHS that there is an insufficient number of labour inspectors, and that the existing inspection staff is burdened by the quantity of work related to workers’ claims in cases of employer bankruptcy, which prevents them from discharging their primary tasks in the fields of employment relations and occupational health and safety (OSH). The UATUC and NHS further note the likely imminent retirement of many labour inspectors, and that the lack of inspectors has a significant influence on the regularity and quality of inspections in the field of OSH and labour relations. The Committee notes the Government’s statement that, as of 31 December 2016, the labour inspectorate employed a total of 226 labour inspectors and 10 other civil servants in positions related to IT and analytical activities for the improvement of the work carried out by the labour inspectorate and that by 31 December 2017, the number of labour inspectors had increased to 229. Nonetheless, the Government also identifies the insufficient number of labour inspectors as one of the difficulties encountered in the application of the Convention. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that a sufficient number of labour inspectors is appointed, in accordance with Article 10 of Convention No. 81 and Article 14 of Convention No. 129, and that existing labour inspectors’ additional duties do not interfere with the effective discharge of their primary duties.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22(1) and 24 of Convention No. 129. Institution of legal proceedings and enforcement of adequate penalties. In its previous comments, the Committee noted a decrease in the rate of cases in which the legal proceedings initiated by labour inspectors were declared inadmissible by the misdemeanour courts due to the expiration of the statute of limitations (from 58 to 36.5 per cent), due primarily to the adoption of the Misdemeanours Act modifying the applicable time limits. The Committee notes an absence of information in response to its previous request regarding additional measures to give effect to Articles 5(a), 17 and 18 of Convention No. 81. Recalling the importance of cooperation between the labour inspection system and the justice system, the Committee requests the Government to provide information regarding any measures taken or envisaged to accelerate the examination of cases referred by labour inspectors to the courts and to ensure effective enforcement of adequate and sufficiently dissuasive penalties, including detailed information on the progress achieved or the difficulties encountered as well as statistical information on the number of legal proceedings initiated by labour inspectors that were declared inadmissible, and the main reasons for their inadmissibility.

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

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Referring to its observation, the Committee would like to raise the following additional points.

Articles 3(1)(b) and 17(2) of the Convention. Technical information and advice to employers and workers in the area of occupational safety and health (OSH). The Committee notes that section 32(2) of the 2008 State Inspectorate Act (SIA) provides that “Upon inspection, if deemed useful or necessary, the inspector may inform and advise the scrutinized legal or natural person on the most efficient way to apply the law and other regulations.” It further notes that sections 42(3) and 47(3) of the SIA state that, administrative penalties shall not be issued if the established irregularities have been removed during the inspection supervision and charges shall not be filed or misdemeanour proceedings be instituted by labour inspectors if the established irregularities have been removed in the course of the inspection supervision or within eight days of the date of the completion of the inspection supervision and if the offences committed are not prescribing fines exceeding a certain amount. While the Committee notes that the current OSH Act (75/09), which it understands is currently under review, contains no relevant provisions in this regard, it understands that the SIA is applicable to labour inspectors both in the area of labour relations and in the area of OSH. With reference to the guidance provided in Paragraphs 6 and 7 of the Labour Inspection Recommendation, 1947 (No. 81), on the various forms that preventive activities can take in practice, the Committee would be grateful if the Government would provide information on such measures, particularly in the area of OSH, carried out by the labour inspectorate during the period covered by its next report, including the provision of technical information and advice during inspection visits, the organization of conferences, mass media campaigns and trainings, etc.

Articles 5(a), 14 and 21(g). Effective cooperation between the inspection services and other government services and public institutions. Notification of cases of occupational diseases and statistics thereof. The Committee notes the Government’s reference to the obligation of employers in the OSH Act, to inform the State Inspectorate of fatal and serious accidents, and the obligation, in the Compulsory Health Insurance Act, of the Croatian Institute for Occupational Safety and Health Insurance (CIOSHI) to inform the State Inspectorate about industrial accidents and occupational diseases. The Committee notes, in this context, that sections 56(3) and (4) of the SIA provide some information on internal procedures within the structures of the labour inspectorate, but that the Government has not provided any further information on the mechanisms (such as applicable procedures or regulations, deadlines, means of notification, etc.) through which the notification of the labour inspectorate takes place in practice.

Furthermore, the Committee notes that the annual report on the work of the labour inspection services for 2011, available on the website of the State Inspectorate, contains statistics on industrial accidents, but does not seem to contain any statistics of cases of occupational diseases. The Committee notes that the Government again refers to the need for improved cooperation, including in the area of industrial accidents and occupational diseases, and the information that labour inspectors have participated in a workshop on the exchange of data in the field of OSH through data bases and electronic means. Referring to the recommendations made in the ILO code of practice on the recording and notification of occupational accidents and diseases, the Committee once again asks the Government to describe the external and internal mechanisms in practice through which the labour inspectorate is notified of industrial accidents and cases of occupational diseases.

The Committee requests the Government to indicate whether legislative measures have been taken or are envisaged, so as to also establish the obligation of employers to notify cases of occupational diseases to the State Inspectorate.

It requests the Government to make appropriate arrangements to promote collaboration with the CIOSHI with a view to ensuring that the State Inspectorate is in a position to incorporate relevant data, including statistics on cases of occupational diseases, in future annual reports on the work of the labour inspection services.

Article 6. Conditions of service of labour inspectors. The Committee notes that section 10(4) of the SIA provides that inspection activities “involve special working conditions” and understands that they are governed by the Regulations on activities and special working conditions of the civil service (Official Gazette 74/02, 58/08 and 119/11). Furthermore, the Committee notes that, contrary to the indications made by the Government, a copy of the Regulations on the classification of posts and salaries of government employees (Official Gazette 77/07, 13/08 and 81/08, provided for in section 139(1) of the Civil Servants Act, has again not been communicated to the Office. The Committee therefore once again asks the Government to provide a copy of these Regulations, as well as a copy of the Regulations on the activities and special working conditions of the civil service.

Articles 5(a), 20 and 21. Annual report on the work of the labour inspection services. The Committee notes the Government’s indications that the electronic register (e-Register), an application which is installed on the user’s computer via internet and accessible to all inspectors throughout the labour inspection services, and which contains data on the performed inspection supervisions and measures undertaken or carried out by the inspectors of the State Inspectorate in electronic form, has been further developed and updated. Since 1 January 2011, not only labour inspectors in the area of labour relations, but also labour inspectors in the area of OSH, electrical, mines and pressure equipment inspectors are required to systematically enter data into the system following inspection visits. The Committee further notes that the e-Register is aimed at enabling the labour inspectorate (both in the area of labour relations and OSH) to share data with other bodies engaged in similar activities, and to analyse the number and subjects of inspection and the measures taken. The Committee asks the Government to continue to provide information on the progress made in relation to the development of the e-Register and to provide information on its impact on the publication, in the annual report on the work of the labour inspection services, of information on all the required subjects under Articles 21(a)–(g) of the Convention.

It would also be grateful if the Government would keep the ILO informed of the progress achieved in the sharing of data with other Government bodies and institutions in possession of relevant data with a view to establishing and updating the e-register on a regular basis, and improving the efficient operation of the labour inspection system.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes that the Government has not replied to its previous request concerning the enforcement of the Croatian Aliens Act, and the role of the labour inspectorate and the justice system in ensuring that employers fulfil their obligations with regard to the statutory rights of foreign workers found to be illegally employed.

The Committee notes, in this regard, that a new Foreigners Act (FA) (Official Gazette 130/11) was adopted and entered into force on 1 January 2012, with the exception of certain provisions which entered into force upon Croatia’s accession to the European Union (EU). The Committee notes that, according to section 107(5) of the FA, before a decision is taken on the expulsion of a foreign national who has lived and worked illegally in the country, the foreign national shall be informed of: (i) the possibility of receiving compensation; (ii) the possibility of appealing or filing a lawsuit against his or her employer; and (iii) the entitlement to free legal aid. The Committee also notes that, under section 207(4) of the FA, the labour inspection authorities are responsible for the enforcement of the provisions of this Act relating to the conditions of work and the rights of workers.

The Committee notes that a project entitled Strengthening Policies and Capacities for Reducing Undeclared Work (“moonlighting”) was launched in November 2011 with a view to receiving pre-accession assistance from the EU. It notes that a budget of €1,500,000 was allocated to this project, including for the purchase of computers and vehicles. The Committee understands that the moonlighting project is carried out jointly by the Ministry of Labour, the Croatian Institute for Pension Insurance, the Ministry of the Interior, the Ministry of Finance (Tax Directorate) and the Croatian Employment Service. It further notes the Government’s indication that the abovementioned project should significantly improve the efficiency of the labour inspectorate’s work.

Referring to its General Survey of 2006 on labour inspection (paragraphs 75–78), the Committee recalls its observations made in its last comment, where it emphasized that the Convention does not contain any provision suggesting that any workers be excluded from the protection afforded by labour inspection on account of their irregular employment status, and that the primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers and not to enforce immigration law. To be compatible with the protective function of labour inspection, the verification of the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers. Furthermore, since the human and other resources available to labour inspectorates are not unlimited, the major role sometimes assigned to labour inspectors in the area of illegal employment would appear to entail a proportionate decrease in inspection of conditions of work.

The Committee requests the Government to describe in detail how labour inspectors assume their role to enforce the provisions of the new FA relating to the conditions of work and the rights of foreign workers in accordance with section 207(4) of the FA. It also asks the Government to describe the role of the justice system in ensuring the enforcement of employers’ obligations with regard to the statutory rights of undocumented foreign workers (such as the payment of wages and any other benefits owed for the period of their effective employment relationship), especially in cases where they are liable to expulsion or after they have been expelled. In this regard, it requests the Government to provide a copy of any regulations issued under section 107 of the FA, as well as information on the number of cases where workers found in an irregular situation have been: (i) informed of the possibility of receiving compensation or filing a lawsuit against their employer; (ii) granted free legal aid; and (iii) granted their due rights. Please provide copies of relevant decisions.

Furthermore, the Committee asks the Government to provide information on whether labour inspectors responsible for labour relations have been discharged from the function of enforcing immigration law following the entry into force of the FA.

Finally, the Committee asks the Government to provide further information on any joint activities carried out by the labour inspectorate and the abovementioned government bodies in the framework of the project Strengthening Policies and Capacities for Reducing Undeclared Work (“moonlighting”), as well as on other joint activities aimed at combating undeclared work, including on the number, scope and nature of the controls carried out, violations, legal proceedings, remedies and sanctions imposed for undeclared work, and the impact of these activities on the enforcement of the legal provisions relating to conditions of work and the protection of workers.

Furthermore, noting that the Government has not replied to this question, the Committee asks it to provide the requested information on the following:

Articles 5(a), 17 and 18. Institution of legal proceedings and enforcement of adequate penalties. In its previous comments, the Committee noted the high rate (58 per cent) of cases in which the legal proceedings initiated by labour inspectors were declared inadmissible by the misdemeanour courts due to the expiration of the statute of limitations. It notes that this rate has now decreased to 36.5 per cent, due primarily to the adoption of the Misdemeanours Act (OG107/07) which modified the statute of limitations as of 1 January 2008.

Furthermore, pursuant to its previous comments concerning the insufficient level of the penalties imposed, the Committee notes that, according to the Government’s report, the decisions rendered by the Courts almost never order restitution for unjust enrichment and therefore are often not proportionate to the gravity of the offence.

With reference to its 2007 general observation on the importance of cooperation between the labour inspection system and the justice system, the Committee requests the Government to indicate any additional measures taken or envisaged with a view to accelerating the examination of cases referred by labour inspectors to the courts and ensuring the effective enforcement of adequate and sufficiently dissuasive penalties. It would be grateful if the Government would continue to indicate the progress achieved or difficulties encountered in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

Referring to its observation, the Committee would like to raise the following additional points.

Articles 3(1)(b) and 17(2) of the Convention. Technical information and advice to employers and workers in the area of occupational safety and health (OSH). The Committee notes that section 32(2) of the 2008 State Inspectorate Act (SIA) provides that “Upon inspection, if deemed useful or necessary, the inspector may inform and advise the scrutinized legal or natural person on the most efficient way to apply the law and other regulations.” It further notes that sections 42(3) and 47(3) of the SIA state that, administrative penalties shall not be issued if the established irregularities have been removed during the inspection supervision and charges shall not be filed or misdemeanour proceedings be instituted by labour inspectors if the established irregularities have been removed in the course of the inspection supervision or within eight days of the date of the completion of the inspection supervision and if the offences committed are not prescribing fines exceeding a certain amount. While the Committee notes that the current OSH Act (75/09), which it understands is currently under review, contains no relevant provisions in this regard, it understands that the SIA is applicable to labour inspectors both in the area of labour relations and in the area of OSH. With reference to the guidance provided in Paragraphs 6 and 7 of the Labour Inspection Recommendation, 1947 (No. 81) on the various forms that preventive activities can take in practice, the Committee would be grateful if the Government would provide information on such measures, particularly in the area of OSH, carried out by the labour inspectorate during the period covered by its next report, including the provision of technical information and advice during inspection visits, the organization of conferences, mass media campaigns and trainings, etc.

Articles 5(a), 14 and 21(g). Effective cooperation between the inspection services and other government services and public institutions. Notification of cases of occupational diseases and statistics thereof. The Committee notes the Government’s reference to the obligation of employers in the OSH Act, to inform the State Inspectorate of fatal and serious accidents, and the obligation, in the Compulsory Health Insurance Act, of the Croatian Institute for Occupational Safety and Health Insurance (CIOSHI) to inform the State Inspectorate about industrial accidents and occupational diseases. The Committee notes, in this context, that sections 56(3) and (4) of the SIA provide some information on internal procedures within the structures of the labour inspectorate, but that the Government has not provided any further information on the mechanisms (such as applicable procedures or regulations, deadlines, means of notification, etc.) through which the notification of the labour inspectorate takes place in practice.

Furthermore, the Committee notes that the annual report on the work of the labour inspection services for 2011, available on the website of the State Inspectorate, contains statistics on industrial accidents, but does not seem to contain any statistics of cases of occupational diseases. The Committee notes that the Government again refers to the need for improved cooperation, including in the area of industrial accidents and occupational diseases, and the information that labour inspectors have participated in a workshop on the exchange of data in the field of OSH through data bases and electronic means. Referring to the recommendations made in the ILO code of practice on the recording and notification of occupational accidents and diseases, the Committee once again asks the Government to describe the external and internal mechanisms in practice through which the labour inspectorate is notified of industrial accidents and cases of occupational diseases.

The Committee requests the Government to indicate whether legislative measures have been taken or are envisaged, so as to also establish the obligation of employers to notify cases of occupational diseases to the State Inspectorate.

It requests the Government to make appropriate arrangements to promote collaboration with the CIOSHI with a view to ensuring that the State Inspectorate is in a position to incorporate relevant data, including statistics on cases of occupational diseases, in future annual reports on the work of the labour inspection services.

Article 6. Conditions of service of labour inspectors. The Committee notes that section 10(4) of the SIA provides that inspection activities “involve special working conditions” and understands that they are governed by the Regulations on activities and special working conditions of the civil service (Official Gazette 74/02, 58/08 and 119/11). Furthermore, the Committee notes that, contrary to the indications made by the Government, a copy of the Regulations on the classification of posts and salaries of government employees (Official Gazette 77/07, 13/08 and 81/08, provided for in section 139(1) of the Civil Servants Act, has again not been communicated to the Office. The Committee therefore once again asks the Government to provide a copy of these Regulations, as well as a copy of the Regulations on the activities and special working conditions of the civil service.

Articles 5(a), 20 and 21. Annual report on the work of the labour inspection services. The Committee notes the Government’s indications that the electronic register (e-Register), an application which is installed on the user’s computer via internet and accessible to all inspectors throughout the labour inspection services, and which contains data on the performed inspection supervisions and measures undertaken or carried out by the inspectors of the State Inspectorate in electronic form, has been further developed and updated. Since 1 January 2011, not only labour inspectors in the area of labour relations, but also labour inspectors in the area of OSH, electrical, mines and pressure equipment inspectors are required to systematically enter data into the system following inspection visits. The Committee further notes that the e-Register is aimed at enabling the labour inspectorate (both in the area of labour relations and OSH) to share data with other bodies engaged in similar activities, and to analyse the number and subjects of inspection and the measures taken. The Committee asks the Government to continue to provide information on the progress made in relation to the development of the e-Register and to provide information on its impact on the publication, in the annual report on the work of the labour inspection services, of information on all the required subjects under Articles 21(a)–(g) of the Convention.

It would also be grateful if the Government would keep the ILO informed of the progress achieved in the sharing of data with other Government bodies and institutions in possession of relevant data with a view to establishing and updating the e-register on a regular basis, and improving the efficient operation of the labour inspection system.

CMNT_TITLE

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes that the Government has not replied to its previous request concerning the enforcement of the Croatian Aliens Act, and the role of the labour inspectorate and the justice system in ensuring that employers fulfil their obligations with regard to the statutory rights of foreign workers found to be illegally employed.

The Committee notes, in this regard, that a new Foreigners Act (FA) (Official Gazette 130/11) was adopted and entered into force on 1 January 2012, with the exception of certain provisions which entered into force upon Croatia’s accession to the European Union (EU). The Committee notes with interest that, according to section 107(5) of the FA, before a decision is taken on the expulsion of a foreign national who has lived and worked illegally in the country, the foreign national shall be informed of: (i) the possibility of receiving compensation; (ii) the possibility of appealing or filing a lawsuit against his or her employer; and (iii) the entitlement to free legal aid. The Committee also notes that, under section 207(4) of the FA, the labour inspection authorities are responsible for the enforcement of the provisions of this Act relating to the conditions of work and the rights of workers.

The Committee notes that a project entitled Strengthening Policies and Capacities for Reducing Undeclared Work (“moonlighting”) was launched in November 2011 with a view to receiving pre-accession assistance from the EU. It notes that a budget of €1,500,000 was allocated to this project, including for the purchase of computers and vehicles. The Committee understands that the moonlighting project is carried out jointly by the Ministry of Labour, the Croatian Institute for Pension Insurance, the Ministry of the Interior, the Ministry of Finance (Tax Directorate) and the Croatian Employment Service. It further notes the Government’s indication that the abovementioned project should significantly improve the efficiency of the labour inspectorate’s work.

Referring to its General Survey of 2006 on labour inspection (paragraphs 75–78), the Committee recalls its observations made in its last comment, where it emphasized that the Convention does not contain any provision suggesting that any workers be excluded from the protection afforded by labour inspection on account of their irregular employment status, and that the primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers and not to enforce immigration law. To be compatible with the protective function of labour inspection, the verification of the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers. Furthermore, since the human and other resources available to labour inspectorates are not unlimited, the major role sometimes assigned to labour inspectors in the area of illegal employment would appear to entail a proportionate decrease in inspection of conditions of work.

The Committee requests the Government to describe in detail how labour inspectors assume their role to enforce the provisions of the new FA relating to the conditions of work and the rights of foreign workers in accordance with section 207(4) of the FA. It also asks the Government to describe the role of the justice system in ensuring the enforcement of employers’ obligations with regard to the statutory rights of undocumented foreign workers (such as the payment of wages and any other benefits owed for the period of their effective employment relationship), especially in cases where they are liable to expulsion or after they have been expelled. In this regard, it requests the Government to provide a copy of any regulations issued under section 107 of the FA, as well as information on the number of cases where workers found in an irregular situation have been: (i) informed of the possibility of receiving compensation or filing a lawsuit against their employer; (ii) granted free legal aid; and (iii) granted their due rights. Please provide copies of relevant decisions.

Furthermore, the Committee asks the Government to provide information on whether labour inspectors responsible for labour relations have been discharged from the function of enforcing immigration law following the entry into force of the FA.

Finally, the Committee asks the Government to provide further information on any joint activities carried out by the labour inspectorate and the abovementioned government bodies in the framework of the project Strengthening Policies and Capacities for Reducing Undeclared Work (“moonlighting”), as well as on other joint activities aimed at combating undeclared work, including on the number, scope and nature of the controls carried out, violations, legal proceedings, remedies and sanctions imposed for undeclared work, and the impact of these activities on the enforcement of the legal provisions relating to conditions of work and the protection of workers.

Furthermore, noting that the Government has not replied to this question, the Committee asks it to provide the requested information on the following:

Articles 5(a), 17 and 18. Institution of legal proceedings and enforcement of adequate penalties. In its previous comments, the Committee noted the high rate (58 per cent) of cases in which the legal proceedings initiated by labour inspectors were declared inadmissible by the misdemeanour courts due to the expiration of the statute of limitations. It notes that this rate has now decreased to 36.5 per cent, due primarily to the adoption of the Misdemeanours Act (OG107/07) which modified the statute of limitations as of 1 January 2008.

Furthermore, pursuant to its previous comments concerning the insufficient level of the penalties imposed, the Committee notes that, according to the Government’s report, the decisions rendered by the Courts almost never order restitution for unjust enrichment and therefore are often not proportionate to the gravity of the offence.

With reference to its 2007 general observation on the importance of cooperation between the labour inspection system and the justice system, the Committee requests the Government to indicate any additional measures taken or envisaged with a view to accelerating the examination of cases referred by labour inspectors to the courts and ensuring the effective enforcement of adequate and sufficiently dissuasive penalties. It would be grateful if the Government would continue to indicate the progress achieved or difficulties encountered in this regard.

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

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Further to its observation, the Committee wishes to raise the following points.

Article 3(1)(a) and (b) of the Convention. Coverage of the labour inspection system. The Committee notes with interest that the coverage of the labour inspection system has been extended to the conditions in which school students perform occasional work in particular as regards working hours, night work, daily and weekly rest, etc., by virtue of the new Employment Mediation and Unemployment Rights Act (OG 80/08 and 94/09) and the Ordinance on providing employment mediation services (OG 39/09). The Committee would be grateful if the Government would keep the Office informed of the results of inspection activities in this area.

Technical information and advice to employers in the area of occupational safety and health. In its previous comments, the Committee had welcomed the launching of an initiative to create a more efficient system for monitoring occupational safety and health, including an assessment of the costs of investment in the safety and health of workers in comparison to the costs of non-application of safety and health requirements. The Committee would be grateful if the Government would specify whether labour inspectors have been involved in the implementation of this initiative and provide details on its impact with regard to the observance of safety and health requirements in industrial and commercial workplaces.

Article 5(a). Effective cooperation between the inspection services and other government services and public institutions. The Committee notes the information provided by the Government on cooperation between the inspection services and the Croatian Institute for Occupational Safety and Health Insurance (CIOSHI), which provides statistical data on insured persons, employment injuries and sick leave. It notes that the CIOSHI is developing a new computer application which will enable it to produce improved reports. Drawing the Government’s attention in this regard to the recommendations made in the ILO code of practice on the recording and notification of occupational accidents and diseases, the Committee would be grateful if the Government would describe the mechanism through which the labour inspectorate is notified of industrial accidents and cases of occupational disease as well as the measures taken to improve the functioning of this mechanism in practice.

The Government also refers to the need for electronic networks with other bodies, such as the bodies responsible for keeping registers of companies and the courts. With reference to its general observations of 2007 and 2009 on the importance of cooperation with the justice system and on the significance of workplace registers in order to evaluate the application of the Convention, the Committee would be grateful if the Government would keep the Office informed of any progress made in terms of facilitating the access of the labour inspectorate to the information necessary for the efficient operation of the labour inspection system.

Articles 6, 10, 11 and 16. Strengthening the staff and material resources of the labour inspectorate. The Committee notes the information provided by the Government on the impact of the funds invested in the labour inspectorate in terms of better working conditions and increased mobility of labour inspectors. It also notes the information provided on the new recruitment requirements introduced by the State Inspectorate Act (OG 116/08) and the training offered to labour inspectors in 2008 and 2009. It observes, however, that the number of staff has been gradually declining since 2008: 270 positions were filled in December 2008, 257 positions in December 2009 and 251 in May 2010. The Government announces an expected recruitment of 15 new inspectors in 2010, following the Civil Service Admission Plan for bodies of state administration and offices of the Government.

The Committee would be grateful if the Government would keep the Office informed of the following:

• -developments in terms of the recruitment of new staff in the labour inspectorate;
• -the impact of the new recruitment requirements on the functioning of the labour inspection system;
• -the training provided to labour inspectors, in particular, the subjects, duration, attendance and impact of such training on the work of the labour inspectors.

In addition, it once again asks the Government to provide a copy of the directive defining the classification of posts and salaries of government employees, provided for in article 139(1) of the Civil Servants Act.

Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes the detailed information provided on the activities of the labour inspectorate for 2008 and 2009. It also notes the information provided on the development of an e-register aimed at enabling the labour inspectorate (both on labour relations and occupational safety and health) to process and publish data on labour inspection. The Committee would be grateful if the Government would continue to provide information on the progress made in relation to the development of an e-register.

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Article 3(1)(a) and (b) of the Convention. Functions of the system of labour inspection. The Committee takes note of the communication of the State Inspectorate Act 2008 (OG 116/08 and 123/08) adopted in the framework of the Plan of Short term and Long-term Measures to Combat the Grey Economy. It notes, however, that the text of this Act has been translated too late to be examined during the current session of the Committee. The Committee will examine this text together with the next report of the Government.

Article 3(2). Additional duties entrusted to labour inspectors. The Committee has noted in previous comments that one of the priorities of the labour inspectorate since 2005 has been to combat undeclared work including by foreigners without a work permit. It notes from the Government’s latest report that, in 2008–09, labour inspectors responsible for labour relations focused their activities on the enforcement of the Aliens Act in addition to legislation related to conditions of work and the protection of workers such as social security, child labour, hours of work, wages, etc. In 2008, out of 2,215 cases of illegal employment detected, 880 concerned aliens working in contravention of the provisions of the Aliens Act (in 2009, out of 1921 cases, 605 concerned aliens). In the previous period (2006–07), around half of the reported cases of illegal employment concerned aliens working without a permit. In such cases, labour inspectors have been conferred the powers to impose a temporary ban on business operations under the Aliens Act and to bring these cases to the courts. General statistical information is provided in this regard without specifying how many court decisions concern in particular the employment of foreigners in violation of the Aliens Act and whether such decisions also enable foreign workers to recover the wages owed to them for the work performed or specifying the role of labour inspectors in this regard.

Referring to its General Survey of 2006 on labour inspection (paragraphs 75–78), the Committee recalls that Convention No. 81 does not contain any provision suggesting that any workers be excluded from the protection afforded by labour inspection on account of their irregular employment status. The primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers and not to enforce immigration law. To be compatible with the protective function of labour inspection, the verification of the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers. Furthermore, since the human and other resources available to labour inspectorates are not unlimited, the major role sometimes assigned to labour inspectors in the area of illegal employment would appear to entail a proportionate decrease in inspection of conditions of work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the activities of the labour inspectorate targeted at the enforcement of the Aliens Act do not prejudice the exercise of its primary duty to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers, and to describe the role of the labour inspectorate and the justice system in ensuring the discharge of the employers’ obligations with regard to the statutory rights of foreign workers found to be illegally employed, such as the payment of wages and any other benefits owed for the work performed in the framework of their employment relationship, including where they are liable to expulsion or after they have been expelled.

Article 5(a). Effective cooperation between the inspection services and other government services and public institutions. In its report, the Government indicates that high detection rates of irregularities in the area of labour relations has been the fruit of cooperation between labour inspectors and other inspectors, primarily from the Ministry of the Interior. The Committee requests the Government to specify the nature of this cooperation and the categories of the other inspectors involved in operations aimed at combating undeclared work.

Articles 5(a), 17 and 18. Institution of legal proceedings and enforcement of adequate penalties. In its previous comments, the Committee had noted the high rate (58 per cent) of cases in which the legal proceedings initiated by labour inspectors were declared inadmissible by the misdemeanour courts due to the expiration of the statute of limitations. It notes that this rate has now decreased to 36.5 per cent, due primarily to the adoption of the Misdemeanours Act (OG107/07) which modified the statute of limitations as of 1 January 2008.

Furthermore, pursuant to its previous comments concerning the insufficient level of the penalties imposed, the Committee notes that, according to the Government’s report, the decisions rendered by the Courts almost never order restitution for unjust enrichment and therefore are often not proportionate to the gravity of the offence.

With reference to its 2007 general observation on the importance of cooperation between the labour inspection system and the justice system, the Committee requests the Government to indicate any additional measures taken or considered with a view to accelerating the examination of cases referred by labour inspectors to the courts and ensuring the effective enforcement of adequate and sufficiently dissuasive penalties. It would be grateful if the Government would continue to indicate the progress achieved or difficulties encountered in this regard.

With reference to its comments under the Equal Remuneration Convention, 1951 (No. 100), on the role of the labour inspectorate in the protection of the rights of men and women to equal remuneration for work of equal value, the Committee requests the Government to indicate any awareness-raising activities carried out by the labour inspectorate in this area and once again urges the Government to ensure that legal provisions establishing adequate penalties in the case of violations of section 83 of the Labour Act, 2009 concerning equal remuneration are adopted and are effectively enforced.

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

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The Committee notes the Government’s detailed report in reply to its previous comments, the attached documentation and the detailed statistics on the activities carried out in 2006 and 2007 by the labour inspectors responsible for labour relations and those responsible for occupational safety and health (OSH).

Article 3, paragraph 1(a) and (b), of the Convention. Technical information and advice to employers in the area of occupational safety and health. The Committee notes with interest the launching by the labour inspectorate of an initiative by the Ministry of Economy, Labour and Entrepreneurship to create a more efficient system for monitoring OSH, including the assessment of the costs of investment in the safety and health of workers and the costs of non-application of safety and health requirements. The Committee would be grateful if the Government would provide details on the impact of this initiative on industrial and commercial workplaces. It would welcome in particular information on the role entrusted to labour inspectors to implement such an initiative, the methodology applied and the results achieved with regard to the observance by employers of safety and health requirements.

Article 3, paragraph 2. Inspection of conditions of work and illegal employment. According to the Government, pursuant to an amendment of the State Inspectorate Act in 2005, labour inspectors have been entrusted with the power to order a suspension of business activities for a period of 30 days, when infringements linked to the employment of foreigners without a work permit or to work that is not declared to the pension and health insurance authorities are discovered during an inspection visit. The statistics on the results of inspections provided by the Government show that illegal employment is one of the most common violations found by labour inspectors and that around half of the reported cases of illegal employment concern foreigners working without a permit. Referring to its General Survey of 2006 on labour inspection (paragraphs 75–78), the Committee wishes to recall that, to be compatible with the protective function of labour inspection, the verification of the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers without consideration as to the regularity of the employment relationship. The Committee requests the Government to indicate the manner in which it is ensured that, firstly, labour inspection controls targeting illegal employment do not jeopardize the inspection of conditions of work (wages, working hours, leave, OSH, etc.), and secondly, that workers illegally employed can recover the rights resulting from their labour relationship, such as the payment of their wages and any other benefits to which they are entitled, and that employers are adequately sanctioned.

Article 5(a). Effective cooperation between the inspection services and other government services and public institutions. According to the Government it is necessary to develop electronic networks with other bodies, such as the bodies responsible for keeping registers of companies, occupational accidents and diseases, and the courts. The Committee would be grateful if the Government would keep the ILO informed of any measure undertaken to facilitate the access of the labour inspection services to the information necessary for the efficient operation of the labour inspection system.

Articles 6, 10, 11 and 16. Strengthening the staff and material resources of the labour inspectorate. In its previous comments, the Committee pointed out the insufficient number of labour inspectors and the need for more investment in logistical resources. This issue was also raised in the Government’s previous report and in several annual reports of the labour inspectorate. The Committee notes with interest that, as a result of the amendment of the Regulation on the internal organization of the State inspectorate in 2007 and the adoption in 2008, of the Ordinance on the internal organization of the state inspectorate which laid down the legal conditions for an increase in staff numbers, the state inspectorate issued a vacancy announcement in May 2008 for the recruitment of 65 inspectors (34 responsible for labour relations and 31 for OSH).

The Committee also notes with interest that significant financial resources have been allocated to better equip labour inspectors with computers, office furniture, communication devices and new vehicles and that, as a result, their conditions of work and their mobility have been significantly improved.

Further, the Committee notes that, under article 139(1) of the Civil Servants Act (2005), the classification of posts and salaries of government employees is governed by a directive issued by the Government.

The Committee would be grateful if the Government would provide information on the impact of all these measures on the volume and quality of labour inspection activities, as well as information on any developments in terms of the staff and financial resources of the labour inspectorate. It asks the Government to provide a copy of the directive provided for in article 139(1) of the Civil Servants Act.

Article 12, paragraph 1(b). The right of access of inspectors to certain types of workplaces. In its previous comments, the Committee requested the Government to indicate how it is ensured that labour inspectors are empowered to carry out inspections and investigations in workplaces and premises which have not been registered as such. The Government provides information in its report on the scope of section 31(1) and (2) of the State Inspectorate Act, under the terms of which labour inspectors are authorized to enter freely any premises and buildings where commercial or industrial activities are performed by workers, whether such places are registered as workplaces or not. The Committee would be grateful if the Government would confirm this understanding of the scope of the abovementioned provisions of the State Inspectorate Act in relation to the right of entry of labour inspectors. Moreover, it asks the Government to indicate the legal provisions relating to the period of time during which inspection visits can be carried out in both registered and non-registered workplaces.

Articles 14 and 21(f) and (g). Notification of industrial accidents and cases of occupational disease. The Committee notes that, since 1 January 2008, pursuant to the provisions of the Occupational Safety and Health Insurance Act (OG 85/06), industrial accidents and cases of occupational disease shall be reported by the employer to a new institution: the Croatian Institute for Occupational Safety and Health Insurance. It also notes that the Government needs time to be in position to provide information on the operation of this body. The Committee would be grateful if the Government would provide information on the operation of the newly established Croatian Institute for Occupational Safety and Health Insurance and describe the mechanism established to ensure that the labour inspectorate is notified of industrial accidents and cases of occupational disease. It also requests the Government to communicate details on the work of this mechanism in practice and on the measures taken to ensure that relevant statistics are included in the annual labour inspection report.

Articles 17 and 18. Institution of legal proceedings and enforcement of adequate penalties. The Committee notes the Government’s concern with regard to the high rate (58 per cent) of cases in which the proceedings initiated by labour inspectors were declared inadmissible by the misdemeanour courts due to the expiry of the time limits. The Committee is bound to emphasize the need to take measures to ensure that cases referred to the judicial authorities by labour inspectors are dealt with in a timely manner to avoid the impunity of those committing violations and to ensure effective enforcement of workers’ rights. The proper implementation of such measures is of crucial importance for the credibility and the effectiveness of the labour inspection system itself. The Committee further notes the Government’s indication that the State inspectorate is not satisfied with the penalties imposed by the courts, especially with regard to the amount of the fines imposed on employers. Drawing the Government’s attention to its 2007 general observation, the Committee requests it to make use of the guidance provided for the development of effective cooperation between the labour inspectorate and the justice system, and to indicate any measures undertaken in this respect and the progress achieved or difficulties encountered.

In addition, with reference to its previous comments, the Committee once again urges the Government to ensure that legal provisions establishing adequate penalties in the case of violations of section 89 of the Labour Act concerning equal remuneration are adopted and are effectively enforced. It asks the Government to indicate any progress made in this regard.

Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes the detailed statistical data on the activities of labour inspectors contained in the annual reports for 2006 and 2007. It further notes with interest that an e-register is currently being developed to enable the labour inspectorate to process and publish data on labour inspection disaggregated by economic activity. The Committee would be grateful if the Government would provide information on the progress made in relation to this project. It would also be grateful if the Government would keep the ILO informed of any opinion expressed by employers’ or workers’ organizations on the work of the labour inspection system.

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The Committee notes the Government’s report in reply to its previous comments, the attached documentation and annual reports on the work of the Labour Inspectorate for 2004 and 2005.

Article 5(a) of the Convention. Section 21 of the Decree of 2001 on the internal organization of the State Inspectorate provides that the inspectorate shall collaborate with other public administrations and associations. In its previous comment, the Committee referred to the annual inspection report for 2003 and asked the Government to supply information on any cooperation, firstly, with the tax authorities with regard to contraventions of wage legislation and, secondly, with the services responsible for occupational safety and health issues. The Committee notes that the Government has not supplied this information and that the annual inspection report for 2005 contains recommendations for stepping up cooperation and the exchange of information between all institutions involved in inspection. It therefore requests the Government once again to indicate the measures taken or envisaged to encourage the labour relations and the occupational safety inspectorates to collaborate with the other public services and institutions concerned, with a view to reinforcing the effectiveness and follow-up of inspectors’ prevention and enforcement activities.

Articles 6, 10 and 11. Inspectors’ conditions of service and work. Human and material resources of the inspectorate. The Committee notes that the inspectorate, in its activity report for 2005, again recommends increasing the wages of inspection staff, establishing a method to evaluate their performance, increasing staff and improving their physical conditions of work (more vehicles, means of communication and technical equipment – measuring apparatus, personal protection equipment for certain visits, etc.). According to the Government, when this activity report for 2005 was examined by the Economic and Social Council and by the Government, a proposal containing the measures recommended by the inspectorate with a view to reinforcing its activities was adopted, the central administration being instructed to implement them, albeit without a precise deadline being set. The Committee requests the Government to give details of all the measures contained in the aforementioned adopted proposal, particularly as regards increases in staff which, according to the inspectorate, do not always correspond to real requirements or to the necessary numbers of staff calculated according to the criteria laid down by the State Inspectorate Act, 1999 (section 21). The Government is requested to forward a copy of this proposal to the Office and provide information on the implementation of the planned measures. Moreover, while noting that the Government acknowledges that there is a need to invest more in the physical resources made available to inspectors, it requests it once again to supply information on the transport facilities available.

Article 12, paragraph 1(b). Inspectors’ right of access to certain workplaces. The Committee notes that the information provided by the Government on the application of this Article does not reply to the issue it raised concerning inspectors’ right to enter establishments and workplaces which have not been registered as such, but in which an industrial or commercial activity is performed by workers covered by the Convention, and which inspectors may have reasonable cause to believe to be liable to inspection. It therefore requests the Government to indicate in its next report how it is ensured that labour inspectors are empowered to carry out inspections and investigations in the above workplaces and premises.

Articles 3 and 14. Role of the inspectorate in the prevention of occupational diseases and notification of reported cases of occupational disease. In reply to the Committee’s previous comments, the Government states that the Croatian Sickness Insurance Institute must notify the labour inspectorate of cases of occupational disease. Moreover, the Committee notes that the annual inspection report for 2005 recommends the establishment by the Ministry of Health of an effective system for monitoring these diseases and emphasizes that the inspectorate is not in a position to take preventive action to curb the growing number of occupational diseases. The Committee requests the Government to supply details of the arrangements (procedures and deadlines) by which the Croatian Sickness Insurance Institute notifies the inspectorate of cases of occupational disease and to supply information on the working of this procedure in practice. It would also be grateful if the Government would indicate the measures taken or envisaged to reinforce the preventive role of the labour inspectorate in this area.

Articles 17 and 18. Prosecution of contraventions or warnings and advice. Establishment and application of adequate penalties. The Government’s report states that, under the terms of section 51 of the State Inspectorate Act, 1999, there are in practice only a negligible number of contraventions with respect to which labour inspectors are not required to institute legal proceedings, whether these be contraventions of labour legislation or of occupational safety and health legislation. The Government refers to the slowness of legal proceedings following the report of contraventions to the judicial authorities by labour inspectors. In its 2005 report, the inspectorate indeed emphasizes the need to improve the effectiveness of the judicial system, as regards action taken further to minor offences and in order to avoid obliging inspectors to institute legal proceedings if employers comply with their instructions quickly. The Committee would be grateful if the Government would indicate whether it envisages adopting measures to act on these recommendations. Drawing the Government’s attention once again to the provisions of Article 17, paragraph 2, which state that it shall be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings, the Committee requests the Government once again to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Moreover, the Committee refers to its comments on the application of Convention No. 100 to the role of the labour inspectorate in the protection of the rights of men and women to receive equal remuneration for work of equal value. It points out that section 240 of the Labour Act, 2004 (Act No. 137/2004) empowers the labour inspectorate to enforce its provisions, unless another law provides otherwise. The application of section 89 concerning equal remuneration should therefore come within the competence of labour inspectors and, under the terms of Article 18 of the Convention, adequate penalties for violations of these provisions should be provided for. The Committee therefore requests the Government to take steps to ensure that provisions establishing adequate penalties are incorporated in the legislation. It would also be grateful if the Government would provide information on action taken or envisaged further to the recommendation made by the central inspection authority in 2003 and repeated in 2005 to provide for the possibility, in the applicable penalties, of confiscating profits made as a result of failure to comply with the provisions of the legislation.

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The Committee notes the Government’s report in reply to its previous comments and the documentation attached.

Article 3, paragraph 1(c), of the Convention. The Committee notes with interest that the annual inspection report 2003 includes proposals for measures to be taken to improve the effectiveness of labour inspection.

Article 5(a). The Committee would be grateful if the Government would provide information on any public or private structures or institutions other than labour inspection services which exercise responsibility for occupational risk prevention, including the relevant legal texts and any other relevant documentation.

The Committee notes the indication in the annual inspection report that the number of procedures for infringements of the legislation covered by the inspection services have increased and that the judicial procedures are cumbersome. It would be grateful if the Government would provide information on the effect given to the recommendations made by the central authority in its labour inspection report for 2003 with a view to remedying this situation through appropriate legislation and effective support from judicial bodies.

The Government is also requested to provide information on the effect given to the proposals of the labour inspectorate to strengthen the effectiveness of inspections through cooperation with the tax authorities in cases of infringements of the legislation concerning salaries and through broader cooperation with the institutions responsible for occupational safety, with a view to reducing the social and financial cost of the failure to apply legal provisions, including those respecting occupational diseases, and by determining the necessary investments.

Article 6. The conclusions of the labour inspection report for 2003 recommend a revaluation of inspectors’ remuneration in line with the average level of remuneration for highly qualified professional staff, with performance-based incentives. The Committee emphasizes that, to maintain the effectiveness of the service, the remuneration level and career prospects should be sufficient to attract and retain high-quality personnel and safeguard them from any undue influence (General Survey of 1985 on labour inspection, paragraph 144). It asks the Government to provide information on any measures taken or envisaged in this regard.

Article 12. Under section 31 of the Law on labour inspection, the workplaces covered by the various inspection structures are defined as premises declared and registered as offices, or other premises, facilities or means of transport in which a person or legal entity carries on its registered professional activity. The Committee draws the Government’s attention to the need to also empower inspectors to inspect premises which are not manifestly liable to inspection, among other reasons because they have not been declared as workplaces, but where an industrial or commercial activity is nevertheless performed by workers covered by the Convention. The Committee invites the Government to refer to paragraph 165 of its General Survey on labour inspection with regard to the scope of application of Article 12, paragraph 1(b) of the Convention and asks it to indicate the manner in which it is ensured that labour inspectors are empowered to carry out inspections and investigations on any premises in which they may have reasonable cause to believe to be liable to inspection.

The Committee notes that the recommendations of the annual report for 2003 to improve the functioning of the inspection services include the rapid adoption of new regulations under the Law on occupational safety and the revision of obsolete regulations. The Government is requested to indicate the manner in which effect is given in law and in practice (and not only by referring to general legal provisions) to each of the provisions of paragraph 1(a) and (b) concerning the right of labour inspectors to enter workplaces freely and without previous notice, that is, unexpectedly, and the times at which inspections are authorized, as well as the provisions of paragraph 1(c)i, ii, iii and iv concerning the extent of inspectors’ powers of enforcement and investigation on the occasion of inspections. In support of this information, the Committee requests the Government to provide copies of any relevant texts or documents.

Articles 10 and 11. According to the Government, 88 labour inspectors cover matters relating to industrial relations and 81 questions relating to occupational safety and health, with the real need being estimated at around 340 inspectors. Referring to the indications provided previously in the Government’s reports, the Committee observes that the number of inspectors has stagnated since 1999. It notes with concern, on the one hand, that the number of serious occupational accidents has increased since 2002 by about 25 per cent and that fatal accidents have increased by 57 per cent and, on the other hand, that preventive inspections are becoming increasingly rare as a result of the shortage of inspectors covering occupational safety matters. Moreover, the Committee notes the indication in the labour inspection report concerning the inadequacy of financial and logistic resources. Emphasizing the social value of an effective labour inspection system and the need to allocate it an appropriate share of the national budget, the Committee asks the Government to provide information on the measures taken or envisaged to strengthen the human resources and improve the material working conditions of the labour inspection services with a view to the effective discharge of their duties in relation to both prevention and enforcement, particularly in the field of occupational safety and health.

The Committee requests the Government to provide information on the transport facilities available to labour inspectors and the arrangements made for the reimbursement of their travel expenses.

Articles 13 and 17. The Committee notes the hope expressed in the labour inspection report that the legislation will be amended to give full effect to the provisions of these Articles of the Convention in the case of violations relating to occupational safety and health, and to strengthen the repressive aspect of inspection activities in the area of labour relations through penalties which include, for the most serious violations, the temporary closure of the establishment and the prohibition to carry on the activity concerned. The Committee draws the Government’s attention to the need to ensure that, in accordance with Article 13, labour inspectors are empowered to take steps with a view to remedying occupational safety and health risks (paragraph 1) and, that in the event of imminent danger, the legislation should provide that such measures have immediate executory force (paragraph 2(b)). The Committee would be grateful if the Government would provide details on the manner in which effect is given or in which it is envisaged that effect will be given, in law and practice, to these provisions of the Convention, including copies of any relevant texts or documents.

It also asks it to indicate if measures have been taken to give effect to Article 17, paragraph 2, under which it is to be left to the inspector’s discretion whether to give warnings or advice instead of instituting or recommending proceedings.

Article 14. The Committee notes the indications provided by the Government on the cases in which the legislation provides for the notification of industrial accidents to the labour inspectorate. It draws the Government’s attention to the fact that, under the terms of this provision, cases of occupational diseases should also be notified to the labour inspectorate and requests it to communicate any legal or practical measures adopted in this regard.

If no relevant procedures are currently in force, the Government is asked to remedy this shortcoming and to keep the ILO informed of measures adopted to this effect.

Article 15. The Committee asks the Government to provide information on the manner in which effect is given to each of the provisions of this Article which, subject to such exceptions as may be made by national laws or regulations, prohibits labour inspectors from: (a) having any direct or indirect interest in the undertakings under their supervision; (b) revealing, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties; and (c) revealing the source of any complaint bringing to their notice a defect or breach of legal provisions and giving any intimation to the employer or her or his representative that a visit of inspection was made in consequence of the receipt of such a complaint.

Article 18. The Committee requests the Government to provide information on any measures taken or envisaged to follow up the recommendations made by the central inspection authority to establish a method to fix the amount of fines, including the confiscation of profits made through failure to comply with the legislation. The Committee would be grateful if the Government would indicate how it is ensured that penalties which are currently in force are adequate to achieve the sufficient dissuasive effect that they should have.

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With reference to its previous comments, the Committee notes the Government’s reports and the information concerning the observations made in 1998 by the Union of Autonomous Trade Unions of Croatia (UATUC) on the application of Articles 5; 7, paragraph 3; 10; 17 and 18, of the Convention. It also notes the appended legal texts and the annual activity reports of the labour inspectorate. In this connection it notes in particular that the labour inspectorate is not responsible for the inspection of shipping and mining companies, which come under the maritime inspectorate and the inspectorate of the Ministry of the Interior respectively.

The Committee notes that in July 1999 a new national inspection law was adopted, many provisions of which give effect to the Convention. So that the Committee may ascertain developments in the extent to which the Convention is applied, the Government is asked to provide with its next report copies of the Decree on the internal organization of the national inspectorate, its rules of procedure and copies of the texts to implement sections 56 and 57(2) of the abovementioned law provided for in section 78.

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The Committee notes the Government's report covering the period up to 1997, the observations made by the Union of Autonomous Trade Unions of Croatia (UATUC) on the application of the Convention and the Government's comments on these observations. The Committee requests the Government to provide information on a certain number of points.

Article 5 of the Convention. Effective cooperation between the inspection services and other government services. In its observations UATUC alleges the default of cooperation between the labour inspectors and the navigation safety inspectors, stating that navigation safety inspectors, who have the obligation to inspect ships with regard to occupational safety and health, working conditions and accommodation on board, do not perform these inspections as they do not consider themselves competent enough for the job; there are no labour inspectors trained specifically to inspect ships. The Committee notes that in its response the Government refers to the specificity of the supervision of ships resulting from the short period ships stay in port and the variety of applicable regulations, indicating that the bulk of supervision on board ships is accordingly exercised by the safety of navigation inspection, and rarely by the labour inspection. The Committee asks the Government to provide more detailed information on the cases and forms of involvement of the labour inspectors in the supervision over ships as well as to describe how the cooperation is organized between the labour inspection and the safety of navigation inspection.

Article 7, paragraph 3. Adequate training. The Committee notes the above-mentioned allegations by UATUC that no labour inspectors are trained specifically to inspect ships. The Committee asks the Government to provide information on the training of labour inspectors conducting inspections on ships.

Article 10. Number of labour inspectors. The Committee notes that the UATUC alleges that the Convention is not satisfactorily applied as the number of 142 inspectors is not sufficient for the discharge of their duties; it considers that such number should amount to 300 inspectors. While noting the response by the Government that it had referred in its report to the insufficient number of inspectors, the Committee asks the Government to indicate measures undertaken or envisaged in order to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate.

Articles 17 and 18. Prompt legal proceedings; effective enforcement of adequate penalties. The Committee notes the statement of UATUC that labour inspectors hesitate to take measures against employers even when there are good reasons to do so. The Committee requests the Government to indicate the legal provisions giving effect to Articles 17 and 18 of the Convention and to provide information on the practical application of these Articles.