Disputes on new Croatian Labour Legislation

U sporovima o novom hrvatskom zakonodavstvu sukobljavaju se interesi različitih socijalnih čimbenika o temeljnim društvenim pitanjima. Različito se tumače ustavne odredbe o pravu vlasništva i potrebi njegova ograničenja, različita su viđenja socijalne pravde i socijalne sigurnosti, nema sporazuma o ulozi sindikata i udruga poslodavaca u političkom odlučivanju, odbija se značajnije isticanje privatnopravne naravi radnog odnosa, ne prihvaća se naglašavanje ekonomskog nasuprot političko-socijalnog značenja radnog odnosa, traži se pravo veta za organe radničke participacije i sl. Do sada predložene promjene smatraju se pretjerano liberalnim i usmjerenim samo u korist poslodavca. S obzirom na to da se radi o pitanjima koja su od presudne važnosti za učvršćenje političke demokracije i tržišnog gospodarstva, ovim s člankom želi ukazati na neke glavne koncepcijske sukobe oko novog radnog zakonodavstva i na posljedice opredjeljenja za pojedine od ponuđenih koncepcija.The proposed Labour Bill that the Government of the Republic of Croatia submitted to the Sabor in July 1993 for adoption caused a tempestuous protesting on the part of trade unions and the opposing parties. Preparing the new anti-inflatory package and the resolution on the position of UNPROFOR, the Government, under the strong media pressure, postponed the passing of the proposed Bill. The author of this paper, being at the same time the author of the said Bill, analyzes the main disputes on the new Croatian labour legislation and points out the possible consequences of having chosen individual conceptions. Disputes on the new labour legislation are at the same time disputes on the interpretation of numerous provisions of the Constitution of the Republic of Croatia on labour relations. The author pays particular attention to the problem of limiting the ownership rights and warns that under the strong egalitarian tendencies inherited from the past system, we should not allow the limitations that would anull the effects of the privatization of companies. He also advocates the ownership right limitation being applied in the West European countries. The author also draws our attention to the fact that in the disputes on these issues, the employers are the least numerous and the worst organized party. Due to as yet inadequate political institutions, we should be very careful at determining the powers of the bodies of these three-party-cooperation of the Government, trade unions and employers. The author also points out the danger of the trade unions taking over the role of political parties, and of three-party-cooperation the role of the Parliament or of the Government. This is of particular significance in the situation when it is not clear to what extent a strike may become a means of a political battle. The paper explains the reasons for abandoning the concept of the labour relation being a status, and of the labour law being part of the public low. The significance has been given to the civilistic approach, being of particular importance of establishing the norms of a labour contract and collective agreement. The author reminds the critics of the proposed Bill how again, just like in socialism, they only think of the political and social dimension of the work relations and neglect at the same time their economic aspect and the importance of the labour force costs in the market contest. According to the existing regulations in Croatia, employers do not enjoy the freedom of association and collective negotiation, so the author points out the importance and necessity of passing this Bill that will ensure such a freedom for employers as well. Although the Bill foresees the organization of organs of workers’ participation, the trade unions require that such an organ be given the right to veto decision regarding the termination of employment and that the trade union representatives be given a more important place in the protection of the workers’ rights. The author explains that the German experience was used editing the Bill but that tradition and particularities of the conditions in Croatia have also been taken into account. Particular attention has been given to the application of standards of International Labour Organization and the European Union directives on work relations have also been used. The author believes that the passing of the new labour legislation will be a test to see what extent the ideas of political democracy and market economy have been accepted in the Croatian society