14 February 2006 RAP/Cha/CRO/I(2006) EUROPEAN SOCIAL CHARTER First report on the implementation of the European Social Charter submitted by THE GOVERNMENT OF CROATIA (for the period 1 April 2003 to 31 December 2004: Articles 1, 2, 5, 6, 7, 8, 9, 11, 13, 16 and 17) __________ Report registered at the Secretariat on 14 February 2006 CYCLE XVIII-1 Strasbourg, 24 January 2001 FORM for the reports to be submitted in pursuance of the European Social Charter Adopted by the Committee of Ministers on 24 November 1999 and amended by the Committee of Ministers on 17 January 2001 FORM FOR REPORTS (To be completed in English or in French) For the period January 2003 to December 2004 made by the Government of The Republic of Croatia in accordance with Article 21 of the European Social Charter, on the measures taken to give effect to the accepted provisions of the European Social Charter, the instrument of ratification or approval of which was deposited on 26 February 2003. In accordance with Article 23 of the Charter, copies of this report have been communicated to Union of Autonomous Trade Unions of Croatia, the Croatian Association of Trade Unions, the Federation of Croatian Trade Unions of Public Services, the Independent Trade Unions of Croatia, the Association of Workers’ Trade Unions of Croatia, the UNI-CRO Trade Union of Services and the Croatian Association of Employers. The reports drawn up on the basis of this Form should give, for each accepted provision of the European Social Charter, any useful information on measures adopted to ensure its application, mentioning in particular: 1. any laws or regulations, collective agreements or other provisions that contribute to such application; 2. any judicial decisions on questions of principle relating to these provisions; 3. any factual information enabling an evaluation of the extent to which these provisions are applied; this concerns particularly questions specified in this Form. The Contracting Parties' reports should be accompanied by the principal laws and regulations on which the application of the accepted provisions of the Charter is based. These may be sent in their original language and translation in one of the official languages of the Council of Europe may be asked for in exceptional circumstances. The replies of the governments should, wherever appropriate, specify explicitly: a. whether they are only concerned with the situation of nationals or whether they apply equally to the nationals of the other Contracting Parties (see Appendix to the Charter, points 1 and 2); b. whether they are valid for the national territory in its entirety, including the nonmetropolitan territories if any to which the Charter applies by virtue of Article 34; c. whether they apply to all categories of persons included in the scope of the provision. The Form indicates for each Article and paragraph those cases in which a state bound by obligations under certain International Labour Conventions may find it sufficient to supply a copy of the relevant reports submitted to the ILO on the application of these conventions in so far as the latter cover the same field of application as the relevant provision of the Charter. The information required, especially statistics, should, unless otherwise stated, be supplied for the period covered by the report. Where statistics are requested for any provision, it is understood that, if complete statistics are lacking, governments may supply data or estimates based on ad hoc studies, specialised or sample surveys, or other scientifically valid methods, whenever they consider the information so collected to be useful. The report should as far as possible be submitted by E-mail to the address [email protected] and a diskette in Word format should be appended. If this is not possible, the Contracting Parties are requested to submit their reports in five copies and the appendices in two copies. CONTRACTING PARTIES ARE REQUESTED: ― as far as first reports are concerned: to reply to all questions appearing in this Form; ― as far as subsequent reports are concerned: to update the information given in the previous report. The Secretariat is invited to distribute with this Form a working document - that will be regularly updated - indicating the provisions of the United Nations, the ILO, the WHO, the European Union and the Council of Europe corresponding to the different articles of the Charter and a summary presentation of the different control mechanisms. 4 ARTICLE 1: THE RIGHT TO WORK ARTICLE 1 PARA. 1 "With a view to ensuring the effective exercise of the right to work, the Contracting Parties undertake: to accept as one of their primary aims and responsibilities the achievement and maintenance of as high and stable a level of employment as possible, with a view to the attainment of full employment;" Legislation of the Republic of Croatia 1. Constitution of the Republic of Croatia Under the Chapter of the Constitution entitled "Protection of Human Rights and Fundamental Freedoms", everyone in the Republic of Croatia is guaranteed rights and freedoms, regardless of race, colour, gender, language, religion, political or other belief, national or social origin, property, birth, education, social status. Article 54 of the Constitution of the Republic of Croatia provides that everyone has the right to work and enjoys the freedom of work. It also provides that everyone is free to choose his or her vocation and occupation and that all jobs and duties are accessible to everyone under the same conditions. Forced and compulsory labour is forbidden (Article 23). 2. International agreements The Republic of Croatia has ratified the following conventions adopted by the International Labour Organisation: - ILO Convention No. 29 concerning Forced or Compulsory Labour, 1930 (Official Gazette - International Agreements, nos. 2/94, 5/00) - ILO Convention No. 100 concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, 1951 (Official Gazette - International Agreements, nos. 6/93, 3/00) - ILO Convention No. 105 concerning the Abolition of Forced Labour, 1957 (Official Gazette - International Agreements, nos. 12/96, 7/97) - ILO Convention No. 106 concerning Weekly Rest in Commerce and Offices, 1957 (Official Gazette - International Agreements, nos. 6/95, 3/02) 5 - ILO Convention No. 111 concerning Discrimination in Respect of Employment and Occupation, 1958 (Official Gazette - International Agreements, nos. 2/94, 5/00) - ILO Convention No. 122 concerning Employment Policy, 1964 (Official Gazette - International Agreements, nos. 6/95, 3/02) - ILO Convention No. 132 concerning Annual Holidays with Pay (Revised), 1970 (Official Gazette - International Agreements, nos. 2/94, 5/00) - ILO Convention No. 159 concerning Vocational Rehabilitation and Employment (Disabled Persons), 1983 (Official Gazette - International Agreements, nos. 2/94, 11/03) - ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999 (Official Gazette - International Agreements, no. 5/01) - International Covenant on Economic, Social and Cultural Rights, New York, 16 December 1966 (Official Gazette - International Agreements, no. 12/93) - Slavery Convention, Geneva, 25 September 1926 (Collection of Treaties of the Kingdom of Yugoslavia, 1929, p. 607) - Protocol amending the Slavery Convention signed in Geneva on 25 September 1926, New York, 7 December 1953 (Official Gazette of the FNRY – International Agreements and Other Agreements, no. 4/56) - Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, Geneva, 7 September 1956 (Official Gazette of the FNRY – International Agreements and Other Agreements, no. 7/58) - Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), New York, 18 December 1979 (Official Gazette of the SFRY – International Agreements, no. 11/81); amendment to Article 20, paragraph 1 adopted in New York, 18 December 1979 (Official Gazette - International Agreements, nos. 12/93, 15/03) Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (Official Gazette - International Agreements, nos. 3/01, 4/01) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Official Gazette - International Agreements) Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Official Gazette - International Agreements, nos. 2/05) 3. Primary legislation Act on Employment Mediation and Entitlements during Unemployment (Official Gazette, nos. 32/02, 86/02 corr., 114/03, 151/03 corr.) Labour Act (Official Gazette, no. 137/04 – consolidated version) 6 Act on the Enforcement of Prison Sentences (Official Gazette, no. 190/03 – consolidated version) Act on the Enforcement of Protective Supervision and the Performance of Community Service (Official Gazette, no. 128/99) 4. Secondary legislation - National Employment Policy adopted by the House of Representatives of the Croatian National Parliament at its session held on 27 February 1998 - The First Programme of Active Labour Market Policy Measures; Supplements to and Elaboration of this Programme (Official Gazette, no. 26/00) - Additional and New Measures of the Active Labour Market Policy (Official Gazette, no. 26/00) - Employment Promotion Programme of the Government of the Republic of Croatia - Statute of the Croatian Employment Bureau (Official Gazette,