Industrial action and disputes in Croatia

The right to strike (štrajk) and/or to stage a solidarity strike (štrajk solidarnosti) exists for workers, while employers may lock workers out only as a response to a strike already in progress. A lockout must not begin until eight days after a strike has begun. The Labour Act, Article 205, stipulates that trade unions have the right to call and undertake a strike in order to protect and promote the economic and social interests of their members, or because remuneration and compensation has not been paid. In any dispute related to the conclusion, amendment or renewal of a collective agreement, the right to call and stage a strike is held by trade unions that have been determined to be representative for the purposes of collective bargaining.

A strike must be announced to the employer, or to the employer association, against which it is directed, whereas a solidarity strike must be announced to the employer on whose premises it is organised. A letter announcing the strike must state the reasons for the strike; the place, date and time of its commencement; and the method of its execution. Article 206 of the Labour Act sets out that, in the case of a dispute that could result in a strike or other form of industrial action, a mediation procedure must be conducted, except when the parties have reached an agreement on an alternative method for its resolution. Mediation is conducted by an independent mediator selected by the parties to a dispute, chosen either from the list compiled by the GSV or by mutual agreement.

Collective dispute resolution mechanisms

The Labour Act, Article 205, stipulates that a strike may not begin before the conclusion of the mediation procedure, when such a procedure is provided for by this act, or prior to the completion of other amicable dispute resolution procedures agreed upon by the parties.

Resolution of disputes by mediation

The previously mentioned obligatory mediation is conducted by a mediator selected by the parties to a dispute from the list compiled by the GSV or determined by mutual agreement. Mediators’ fees are set by a decision of the minister responsible for labour affairs based on a prior opinion of the GSV and with the consent of the Minister of Finance. The minister must, alongside a prior opinion of the GSV, adopt an ordinance regulating the methods for the selection of mediators, the conduct of the mediation procedure and the performance of the administrative work necessary for this procedure. Article 208 determines the time limit for the completion of the mediation procedure. Unless otherwise agreed by the parties to a dispute, the obligatory mediation provided by the Labour Act must be completed within five days following the submission of information about the dispute to the GSV or to a state administrative office in a county responsible for labour affairs.

Resolution of disputes by arbitration

The Labour Act, Articles 210–212, provides for the resolution of disputes by arbitration. Parties to a dispute may agree to bring their collective labour dispute before an arbitration body. The appointment of an individual arbiter or an arbitration board and other issues related to the arbitration procedure may be regulated by a collective agreement or by an agreement of the parties made after the dispute has arisen. The issues that can be decided by arbitration are set out in Article 211. This article stipulates how, in their agreement to bring a dispute before an arbitration body, the parties must delineate the issue to be resolved. The arbitration body may decide only upon the issues brought before it by the parties to a dispute. If a dispute concerns the application of laws and regulations or a collective agreement, the arbitration body bases its decision on the appropriate legislation, regulation or collective agreement. If a dispute concerns the conclusion, amendment or renewal of a collective agreement, the arbitration body bases its decision on equitable grounds. Unless the parties to a dispute specify otherwise in a collective agreement or an agreement to bring a dispute before an arbitration body, an arbitration award must include the reasons for the award. No appeal is permitted against an arbitration award. If a dispute concerns the conclusion, amendment or renewal of a collective agreement, the arbitration award has the legal force and effect of such an agreement.

Individual dispute resolution mechanisms

Article 209 of the Labour Act regulates decisions made by the parties and their effects and states that parties may finalise the mediation procedure with an agreement. An agreement reached in the event of a dispute related to the conclusion, amendment or renewal of a collective agreement has the legal force and effect of a collective agreement. An agreement reached in the event of a dispute over remuneration and compensation may be used to agree upon the method and dynamics of payment.

Data from the former Government Office for Social Partnership show that 100 cases were dealt with in 2012 (45 settled or conditionally settled) and 137 were dealt with in 2013 (70 settled) – a significant increase in comparison with the 2011 figures of 100 cases (46 settled). Both the number of cases and the percentage successfully resolved decreased in 2014 and, while the absolute number of cases also decreased in 2015 and 2016, the percentage of successfully resolved cases increased in both of these years. In 2017, the absolute number of mediations in collective labour disputes increased significantly, while the percentage of successfully resolved cases increased by one percentage point. The number of cases increased in 2018 and 2019, but the percentage of successfully resolved cases decreased. In 2020, the number of cases decreased significantly, while the percentage of successfully resolved cases slightly decreased.

Use of dispute resolution mechanisms, 2012–2020

Note: Data is only available until 2020.

Source: GSV, undated