Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

The Committee notes the comments made by the Pensioners Trade Union of Croatia (SUH). It also recalls that its previous comments concerned the following:

Article 2 of the Convention. The Committee had noted that section 165 of the new Labour Law provides that a minimum of ten individuals of full age is necessary to establish an employers' association. Considering that this requirement could discourage the persons concerned from constituting organizations of this nature, the Committee had requested the Government to indicate the measures taken or envisaged to amend its legislation to reduce the minimum number set out in the Law for the establishment of employers' associations.

Article 3. The Committee had noted that the Union of Autonomous Trade Unions of Croatia had criticized the Law on Associations, particularly as regards its provisions respecting the property and the transfer of the assets of social organizations. The Committee once again requests the Government to transmit its comments in this respect.

Finally, the Committee requests the Government to provide it with a copy of the Law on Civil Servants and Government Employees and on the Salaries of the Officials in Judicial Bodies, as well as any text issued under the new Labour Law under the terms of section 237(1) which relates to freedom of association.

The Committee notes the comments made by SUH to the effect that even though item 1, section 159, of the Labour Law of the Republic of Croatia -- paragraph on the "Right of association" -- provides that "employees have a right, without any distinction, to found a trade union and to become its member, of their own choice, under conditions which can be stipulated only by the constitution or regulations of this trade union" they have been denied registration on the basis that pensioners are excluded from the scope of this Article. The Committee acknowledges that under Article 2 of the Convention, only workers shall have the right to establish and join organizations. However, the Committee points out that pensioners should have the right to join trade unions if the rules of the said unions so provide.