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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Croatia (Ratification: 1991)

The Committee notes the information supplied by the Government in its reports. It also notes the observations of the Union of Autonomous Trade Unions of Croatia and the Government's comments on thereon.

The Committee observes that the above organization's comments refer to certain provisions of the law prohibiting or restricting the exercise of the right to strike in various sectors: the Defense Act prohibits strikes by military personnel and persons directly connected with combat preparations; the Internal Affairs Act prohibits strikes by workers in internal affairs if the strike would prevent the performance of the activities of the Internal Affairs Department; and the Electric Power Industry Act, the Croatian Railways Act, the Forests Act, the Roads Act and the Foundation of Public Croatian Postal and Telecommunications Company Act, provide for a minimum service in the event of a strike.

In this connection the Committee notes the Government's statement that by means of special laws the right to strike in the military forces, the police and certain public services has been restricted to an extent compatible with the continuation of activities needed for the maintenance of production and activities which are essential in order to prevent any danger to the life, health and safety of the population. The Government also refers to the state of danger of immediate war prevailing in the country as a reason for restricting exercise of the right to strike in certain sectors connected with preparations for combat.

The Committee notes that the ban on the exercise of the right to strike concerns only members of the armed forces and is not therefore inconsistent with the Convention. The Committee also observes that, as regards the other sectors, the legislation does not prohibit the exercise of the right to strike but provides for acceptable restrictions (minimum service) which are compatible with the application of the Convention.

The Committee also observes that the comments of the Union of Autonomous Trade Unions of Croatia also refer to a Bill to regulate the right to strike in public services and companies. The Committee examines these comments, together with other matters relating to the application of the Convention, in a direct request addressed to the Government.