Sporni kriteriji za sudjelovanje u tripartitinim tijelima i reprezentativnost za kolektivno pregovaranje u RH
Disputable criteria for participation in tripartite bodies and representativity for collective bargaining in the Republic of Croatia

Summary/Abstract: The Law on the Criteria for Participation in Tripartite Bodies and Representativeness for Collective Bargaining in the Republic of Croatia establishes the criteria and procedure for determining the representativeness of employers’ and trade unions’ confederations for participation in tripartite bodies at the national level. It also establishes the method of determining the representativeness of employers’ associations, trade unions and their confederations for participation in tripartite bodies at the local and regional level. The Law also regulates the criteria and procedure for determining the representativeness of trade unions for collective bargaining and it determines the rights of representative organizations. In addition, the Law repeals prolonged application of collective agreements effecting, particularly in the public sector, significant reduction of labor costs. The Law was adopted without joint consultation of employers’ associations and trade unions and, thus, further affected the already fragile dialogue. There is much criticism from legal experts, in the terms of undermined trade union freedoms and guaranteed autonomy and in terms of uncertainty, poor nomotechnics, vagueness and superficiality. Therefore, the Constitutional Court’s decision is awaited with great interest as proceedings of constitutional review were instituted for the revision of a significant number of the provisions of that Law.

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