The right to work is one of the fundamental human rights. It entails that everyone has the right to a decent and equal wage for equal work, workplace safety, appropriate working hours and rest periods, and, generally, fair working conditions, as well as the right to organise and engage in collective bargaining. It is protected by the Constitution and a range of international instruments, including the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the European Social Charter, and the Charter of Fundamental Rights of the European Union. Moreover, the right to work is crucial for the realisation of other human rights, such as the rights to health, housing, and social security.
The field of labour—including employment and civil service relations, as well as the prevention of discrimination in employment and work—is a key area of the Ombudswoman’s work. Unfortunately, many workers in Croatia continue to face various difficulties in exercising their labour rights. Reasons for contacting us included, among others, unlawful dismissals, undeclared work, unpaid wages or partial payments made “under the table,” unlawful overtime work, difficulties in accessing other material rights, and workplace harassment (mobbing). As Croatia still lacks an adequate legal framework prohibiting workplace harassment, the Ombudswoman recommended to the Ministry of Labour, Pension System, Family and Social Policy that it propose amendments to the Labour Act to better protect workers’ dignity. She also recommended to the Government of the Republic of Croatia the ratification of the International Labour Organization’s Convention No. 190 on the elimination of violence and harassment in the world of work.
We have also noted a rising number of complaints from foreign workers from distant countries who, aside from the aforementioned issues, reported working without residence and work permits, unreported workplace injuries, failure to register with social insurance bodies, lengthy procedures for extending residence and work permits, and employers confiscating or retaining their personal documents or providing inadequate accommodation. Due to language barriers and limited knowledge of their rights in Croatia, they are often in a particularly vulnerable position when trying to exercise their labour rights. The Ombudswoman also publicly warned against racist speech and racially motivated attacks to which some foreign workers had been subjected.
Citizens also contacted us regarding discrimination at work—for example, based on age, health status, education, ethnic affiliation, national origin, or trade union membership. The Ombudswoman also acted on discriminatory job advertisements and recommended that the Croatian Employment Service not publish ads containing discriminatory content, in line with the Anti-Discrimination Act.
In 2023, the largest number of discrimination-related complaints received by our institution concerned the area of work and employment—slightly over one-third (137 complaints). Labour-related complaints have consistently ranked among the highest for years, with 251 such complaints last year.
Last year was also marked by significant legislative changes in the field of labour. Amendments to the Labour Act introduced numerous changes, including restrictions on fixed-term contracts, regulation of remote and satellite work, improvements in work-life balance, increased Sunday pay, provisions regarding workers aged 65 and over with at least 15 years of pension service, and the regulation of digital platform work.
Stronger suppression of undeclared work should also be supported by the new Act on the Suppression of Undeclared Work, which introduces publicly available “blacklists” published by the competent ministry. Employers found to have undeclared workers following inspection will be listed for up to six years, during which time they will not be allowed to receive permits to employ third-country nationals. This measure is expected to act as a deterrent to those who continue to engage in such practices. Further details about the right to work and discrimination in employment and at work can be found in the Ombudswoman’s 2023 Report here and here.