Many workers across Croatia are expecting the imminent payment of the Christmas bonus, but among those who are not counting on it are some school employees working on fixed-term contracts.
A fixed-term contract brings uncertainty, and for school employees, it can mean not receiving a Christmas bonus or vacation allowance, unlike their colleagues with permanent contracts with whom they share the staff room. This issue most often affects younger individuals, which also raises concerns of age discrimination.
A key issue is that schools sometimes conclude contracts with fixed-term employees only until just before school holidays, and then renew them after the holidays—at the beginning of the next semester or school year. In practice, this means that these individuals’ employment formally ends, even though the school needs them again as soon as classes resume.
The Ombudswoman has highlighted this issue in several annual reports to the Croatian Parliament. In the 2023 Report, she issued a recommendation to the Ministry of Science and Education, advising it to instruct schools to conclude fixed-term employment contracts—made to replace employees on maternity or parental leave, sick leave, or other types of absence—without interruption during school holidays.
One obstacle to resolving this issue is the silence and lack of cooperation from the Ministry of Science and Education with the Ombudswoman, as the Ministry has never responded to questions on this matter, not even after two official reminders.
This issue has also been raised by the trade union operating in primary schools, based on whose information the Ombudswoman initiated an inquiry on her own initiative. Some school principals we contacted stated that they conclude employment contracts in this manner following instructions from the Ministry, asserting that there is no need for replacements during school holidays as there are no classes.
For instance, in one case, a teacher’s employment contract was concluded from 6 to 23 December, and then again from 10 January to 8 July of the following year, which resulted in the teacher not being entitled to a Christmas bonus. In another case, a fixed-term contract was signed for the period from 6 to 30 June, and again at the start of the next school year, from 5 September to 17 November, meaning the teacher was not entitled to a vacation allowance.
Thus, although the contracts clearly indicate a need for employing teachers beyond the holiday periods, schools did not conclude employment contracts with these teachers continuously (according to the needs of the position), resulting in the loss of certain employment-related material rights. This practice creates a distinction between teachers with different types of contracts, even though Article 13 of the Labour Act stipulates that employers must provide employees on fixed-term contracts with the same working conditions as those employed on permanent contracts.
Evidence of this practice is also reflected in data from the Croatian Employment Service for 2023, which shows an increase in the number of unemployed teachers during the summer months, with persons aged 25 to 34 being in a more disadvantaged position. In March 2023, there were 132 unemployed teachers and instructors of this age group registered with the CES whose employment had ended upon expiry of their contracts, whereas in July 2023, their number had risen to 1,013.
Although the Ministry is obliged to ensure access to information and provide all data and assistance required by the Ombudswoman upon request, regrettably, this has not occurred in this case. It remains to be seen whether this practice will continue during the upcoming school holidays despite all the warnings.