Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Croatia

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1991)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1991)

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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 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.