(Rules prohibiting discrimination in the workplace, rules on equal pay for men and women and equal pay for employees with fixed-term or unlimited employment contracts)
Requirements
Prohibition of discrimination and protection of dignity
The Labor Law prohibits direct or indirect discrimination in the field of work and working conditions, including selection criteria and conditions in employment, promotion, vocational guidance, vocational training and retraining.
The employer is obliged to protect the dignity of the employee during the performance of work from unwanted and illegal actions of superiors, associates and persons with whom the employee regularly comes into contact in the performance of their duties. An employer who employs at least twenty workers is obliged to appoint a person who is authorized to receive and resolve complaints related to the protection of workers' dignity.
The protection of the dignity of workers is regulated by Article 134 of the Labor Act, on the basis of which it is possible to file a complaint related to the protection of the dignity of workers. Pursuant to the above provisions on the protection of workers dignity, the employer is obliged to examine the complaint and take all necessary measures appropriate to the individual case within the period determined by the collective agreement, the agreement concluded between the workers' council and the employer or the rules of procedure, and no later than eight days to prevent further harassment, if it is found to exist.
If the employer does not take measures to prevent harassment within the above period or if the measures he has taken are inappropriate, then the harassed worker has the right to suspend work until protection is provided, provided that he has requested protection before the competent court within a further period of eight days.
At the same time, if there are circumstances due to which it is not justified to expect that the employer will protect the dignity of the employee, the employee is not obliged to submit a complaint to the employer and has the right to terminate work, provided that he seeks protection before the competent court. During the interruption of work and the duration of court proceedings, the employee is entitled to compensation of salary in the amount that he would have earned if he had worked.
However, if the employee fails in the dispute, or if a final court decision does not establish a violation of the dignity of the employee, the employer has the right to demand from the employee a refund of the paid salary compensation.
Salary and working conditions
Article 91 of the Labor Act stipulates that the employer is obliged to pay the same salary to both male and female employee for equal work and work of equal value.
Also, in accordance with Article 13 of the Labor Act, the employer is obliged to provide the same conditions to the employee employed by him on the basis of a fixed-term employment contract as well as an employee who has concluded an indefinite employment contract with the same employer, the same or similar professional knowledge and skills, and who performs the same or similar tasks.
In addition, Article 46 of the Labor Act stipulates that the contracted salary and other conditions of the employee that the Temporary Employment Agency assigns to the user may not be contracted less favorably than the salary and conditions of the employee employed by the user in the same jobs.
Competent authority and rules
Ministry of labour, pension system, family and social policy
Ulica grada Vukovara 78
10 000 Zagreb
+385 1 6106 641
info@mrms.hr
Labour act (OG
173/03,
67/08,
36/09,
130/11,
30/14,
32/19)
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