Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Equal Remuneration Convention, 1951 (No. 100) - Croatia (Ratification: 1991)

The Committee notes the information in the Government's report and the attached statistical data.

1. The Committee notes with interest the establishment, by decision of 9 May 1996, of the National Commission on Equality Issues, which subsequently drew up a National Policy for the Promotion of Equality, adopted by the Government on 18 December 1997. The Committee notes that one of the objectives of the National Policy is to ensure the systematic application of legislation which guarantees to women and men equal pay for equal work or work of equal value. The Government reports that, within the framework of the ILO project "More and Better Jobs for Women", a National Action Plan has been drafted to implement this objective, including, as the first of two priority measures for action, an assessment of existing job appraisal systems which will be undertaken with the participation of the women's sections of trade unions. The Committee notes this development with interest and hopes that the National Action Plan will be implemented in the near future and that the Committee will be kept informed of all activities undertaken in this regard. Noting from the statistics provided and the indication in the National Policy document that women account for a majority of employees in the manufacturing of textile and leather products, the Committee notes with interest that the National Action Plan takes into consideration that discrimination in remuneration may arise out of the existence of a heavy concentration of women workers in certain jobs and certain sectors of activity.

2. The Committee notes that, under the National Policy, the Labour Inspectorate is obliged to examine the principle of equal pay for equal work and work of equal value during its annual inspections and during inspections made in response to specific complaints. In this respect, it notes with interest that strengthening of the labour inspection system has been identified as the second priority measure for action in the plan of action. It further notes the Government's indication that, so far, the Labour Inspectorate has not found any cases of discrimination in remuneration, but repeats that the assessment of the job appraisal system may shed further light on this matter. While awaiting the results of this assessment, the Committee requests the Government to indicate whether the Ombudsman who, under the National Policy, is to consider the possibility of ensuring specific protection of the rights of women, especially in cases of discrimination, has dealt previously with complaints of discrimination in remuneration.

3. The Committee notes that the National Policy provides for the obligation to collect, compile, analyse and present data by gender and age, as well as to publish once a year statistical data about the position of women in all fields and that the Commission on Equality established a working group for this purpose. The Committee requests the Government to provide it with information on the activities of this working group, as well as to provide data gathered annually on the position of women in the fields of education and employment. With respect to the provision of other statistics, the Committee draws the Government's attention to the general observation on this Convention.

4. The Committee notes the Government's statement that employers with less than 20 employees, under section 81 of the Labour Code, are only required to pay employees an "appropriate salary", where salaries have not been fixed by collective agreement or by special regulation (as specified in the law governing administrative regulations). Such employers are nevertheless subject to the obligation imposed by section 82 of the Labour Code requiring them to pay equal remuneration for work of equal value. Noting the Government's statement that most of these employers effectively establish rules for the determination of wages, the Committee requests the Government to provide it with a copy of the above-mentioned rules.

5. The Committee notes the Government's indication that, under section 81 of the Labour Act, where salaries are not set by collective agreement or by specific rule (referred to as an employment by-law under the Labour Act), employers with fewer than 20 employees are obligated merely to pay their employees an "appropriate salary". These employers are nevertheless bound by section 82 of the Labour Act, which prescribes equal remuneration for equal work or for work of equal value. Noting the Government's statement that most of these employers do establish rules for wage determination, the Committee requests the Government to provide copies of any such rules established.

6. With reference to its previous comments, the Committee notes the Government's indication that employees do not receive any benefits in addition to those specified in employment contracts, collective agreements or employer rules and that violations of section 82 of the Labour Act are penalized under section 228 of the Act pertaining to violations of section 2, which prohibits discrimination on any basis.