Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Croatia (Ratification: 1991)

The Committee notes with regret 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 initially made in 2012. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Noting the adoption of the new Labour Act of 18 July 2014, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the specific issues raised in relation to the Labour Act, and other matters raised in its previous comments.

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee notes that under the Maternity and Parental Benefits Act of 2008, an employed or a self-employed mother has the right to maternity leave of 28 days before birth, and until the child turns 6 months, of which 28 days before birth and 42 days after birth are mandatory (section 12(1) and (2)); the father may exercise the right to leave until the child turns 6 months of age upon the expiry of the mandatory maternity leave, if the parents reach an agreement to do so (section 12(5)). The employed parents of a child are entitled to parental leave until the child turns 8 years of age for three months for each parent for the first and second child; 30 months for each parent for twins, the third and any subsequent child; and an extra two months can be taken if the father takes parental leave for at least three months (sections 12 and 13(2)). In addition, one of the employed parents of a child has the right to leave without pay until the child turns 3 years of age (section 22); one of the employed or self-employed parents of a child with more severe developmental disabilities has the right to childcare leave until the child turns 8 years of age (section 23(1)); or the right to work half-time, even after the child turns 8 years of age, if there is such a need, on the basis of findings and an opinion of a body with competent expertise (section 23(3)). With regard to the practical application, the Committee notes the Government’s indication that in 2009, among 63,500 beneficiaries of the right to maternity and parental benefits, 1,066 fathers exercised such rights; in 2010, a total of 1,327 fathers exercised these rights among 71,197 beneficiaries. The Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the extent to which men and women workers make use of the leave entitlements under sections 12, 13, 22 and 23 of the Maternity and Parental Benefits Act of 2008, respectively, both in the public and private sectors. It also asks the Government to provide information on any measures taken with regard to other immediate family members.

Working time arrangements. The Committee notes that under the Maternity and Parental Benefits Act of 2008, one of the employed or self-employed parents may exercise the right to part-time work up until the child turns 3 years of age, if the child requires extra care and attention for growth (section 16). The Committee further notes the Government’s indication that the Croatian Chamber of Commerce has been conducting activities for the promotion of flexible working hours, including giving presentations during 40 sessions of the County Chamber Economic Councils in 2009–10; the Croatian Chamber of Commerce has also proposed the option to work at home and from home. The Committee asks the Government to provide information on the practical application of section 16 of the Maternity and Parental Benefits Act, including statistical information, disaggregated by sex, on the number of beneficiaries of the right to part-time work. It also asks the Government to provide information on any other flexible working time arrangements.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that the new Social Welfare Act of 2011 (Official Gazette No. 57/11) assigned two new public authorities for the family centres and expanded their activities; for the work of family centres, a special emphasis was put on providing support to families in reconciling their family and work responsibilities. The Government indicates that from 2006 to 2011, a total of 18 family centres were established; in 2009, with the cooperation of local self-government units and financial backing of the World Bank, 26 new kindergartens were established in areas which previously had no pre-school education programmes; a total of 28 new kindergartens were opened and 43 new regional facilities were established within the structure of the existing kindergartens, reaching the pre-school programme coverage rate of 57.34 per cent. With regard to services and facilities which exist to assist workers with family responsibilities regarding dependent members of their family other than children, the Committee notes the Government’s indication that the Ministry of Families, Veterans’ Affairs and Intergenerational Solidarity is implementing the intergenerational solidarity programmes entitled “Assisting the elderly at home” and “Day care and assistance to the elderly at home” according to the Social Welfare Act of 2011; there are approximately 11,000 beneficiaries of the intergenerational solidarity programme. The Committee asks the Government to provide detailed information on the manner in which the family centres assist parents to reconcile work and family responsibilities. The Committee also asks the Government to indicate the impact of the intergenerational solidarity programme on reconciling work and family responsibilities regarding dependent members of their family other than children.

Article 6. Information and education. The Committee notes the Government’s indication that a radio project entitled “Both mum and dad can do it” aims to promote the role of fathers and parental leave, as well as to enable women to harmonize family and work responsibilities more easily. Considering the low number of fathers exercising their right to parental benefits, the Committee asks the Government to provide information on the specific measures taken to promote a broader public understanding of various aspects of employment of workers with family responsibilities, and the need for a more equitable sharing of family responsibilities between men and women, including promoting parental leave taken by fathers, as well as the results achieved by such measures.

Article 7. Integration in the labour force. The Committee notes that according to the Labour Code, an employee who has exercised maternity leave, parental leave, adoption leave or leave for caring and nursing a child with severe development difficulties has the right to return to the same job that he or she performed before exercising the right (section 73(1)); the employee who has exercised such rights shall be entitled to additional vocational training in case there is any change in technology or working methods (section 73(3)). The Committee asks the Government to provide statistical information on the number of employees who returned to work after taking maternity leave, parental leave, adoption leave or leave for caring and nursing a child with severe development difficulties, according to section 73(1) of the Labour Code. It also asks the Government to provide information on the practical application of section 73(3) of the Labour Code, including on the extent to which such training is conducted, and information on the beneficiaries of such training. Please also provide information on other measures taken or envisaged to enable male and female workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 9. Application of the Convention by collective agreements. The Committee asks the Government to provide information on the measures provided under collective agreement with a view to reconciling work and family responsibilities.