ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

Croatia - Working time - 2009


LAST UPDATE

22 September 2009

SOURCES


Name of Act

Labour Act of 1995. As amended to 21 September 2004 (Text No. 2415)
Labour Act of 1995 as amended to 21 September 2004 (Text No. 2415) http://www.ilo.org/dyn/natlex/docs/SERIAL/41244/72720/F484034153/HRV41244.PDF
click on this symbol to show or hide remarks

Name of Act

Act on public holidays and non-working days, No. 132 from 2002; Labour Act of 1995 as amended 21 September 2004 (Text No. 2415)

LEGAL DEFINITIONS


Employee/worker

A worker is a physical person who, in employment carries out certain tasks for the employer.
Labour Act §8(1)

Employer

An employer is a physical or legal person for whom the worker, in employment, carries out certain tasks.
Labour Act §8(2)

Night work(er)

Work performed between 10pm and 6am or for agriculture between 10pm and 5am. For minors working in the industry, work between 7pm and 7am or outside the industry between 8pm and 8am.
Labour Act §59 and §62(2)

NORMAL HOURS LIMITS


Daily hours limit


General limit

(No general statutory daily hours limit.)
Historical data (year indicates year of data collection)
  • 2011: (No general statutory daily hours limit.)

Weekly hours limit


General limit

40 hours
Labour Act §38
Historical data (year indicates year of data collection)
  • 2011: Full-time working hours must not be longer than 40 hours a week.
  • 2007: 40 hours
  • 1995: 42 hours.

Exceptions

If the nature of the job so requires, working hours may be rescheduled so that during one period they last longer, while during another they last less than full-time working hours. The average working hours during one calendar year or another period established by a collective agreement must not exceed full-time working hours.

Maximum working hours in any week must not exceed 52 hours. A collective agreement may provide that working hours for seasonal jobs may exceed 52 but not 60 hours a week.

If such averaging ("rescheduling") of hours is not provided for in a collective agreement or in an agreement between the workers’ council and the employer, the employer must request consent for the rescheduling of working hours from a labour inspector. The labour inspector may give consent for a period not longer than one calendar year.
Labour Act §43

Special categories


» Young workers

The work of minors in hours-averaging schemes ("rescheduled working hours") is prohibited.
Labour Act §43(7)

» Pregnant workers/recent birth

A pregnant woman, a mother with a child under three years of age and a single parent with a child under six years of age may work averaged ("rescheduled") full-time working hours only if he or she gives a written statement about voluntary consent to such work.
Labour Act §43(8)

OVERTIME WORK


Criteria for overtime


General

Workers can only be made to work overtime at the employer’s request in the case of force majeure, an extraordinary increase in the scope of work and in other similar cases of a pressing need.
Overtime work must be notified to a Labour Inspector if by a particular worker it lasts more than four consecutive weeks, or more than twelve weeks during one calendar year, or if overtime work by all workers of a certain employer exceeds 10 percent of the total working hours in a particular month. The Labour Inspector may limit or prohibit overtime hours if such work has harmful consequences on the worker’s health and working ability or if, as a result of its excessive usage, the employment of unemployed persons are hindered.
Worker whose working hours are shortened to work in jobs in which, despite the application of occupational safety and health measures, it is impossible to protect them from harmful effects, must not work overtime hours.
Labour Act §41 and §40(4)

Limits on overtime hours


General limits

10 hours per week.
Labour Act §41
Historical data (year indicates year of data collection)
  • 2011: No worker may perform more than 8 hours of overtime work per week. Overtime work for each individual employee must not exceed 32 hours a month or 180 hours a year.
  • 2007: 10 hours per week.
  • 1995: 10 hours a week.

Compensation for overtime work


Overtime rate(s)

A worker has the right to an increased salary for overtime work.
No specific overtime rate is set forth.
Labour Act §92
Historical data (year indicates year of data collection)
  • 2011: Workers performing overtime work shall be entitled to an increased salary. However the amount of this premium compensation is not provided in the Labour Code.
  • 2007: A worker has the right to an increased salary for overtime work. No specific overtime rate is set forth. Overtime rates are set by individual employment contract, employers' employment rules or collective agreement.
  • 1995: No legal provision.

Special categories


Young workers

Young workers are prohibited to work overtime hours unless there is written doumentation about voluntary concent to overtime work.
Labour Act §41(5) and (7)

Pregnant workers/recent birth

A pregnant worker, a mother of a child under three years of age and a single parent of a child under 6 years of age may work overtime only if he or she gives a written agreement to such work.
Labour Act §41(6)

Parents

The parent of a child with serious development problems (severe physical or mental impairment or severe psychological illness) who has taken a leave for the purpose of taking care of the child, or working one half of full-time working, can not be ordered to work overtime.
Labour Act §73(7)

SCHEDULES


General

Working time schedules are determined by the employer unless they are regulated by a regulation, collective agreement or agreement between the worker’s council and the employer. If the nature of the job so requires, full-time or part-time working hours may be rescheduled so that during one period they last longer, while during another they last less than full-time working hours.
Rescheduled working hours which are not considered overtime work may not exceed 52 hours a week. However, a collective agreement may provide that rescheduled working hours for seasonal jobs may exceed 52 hours but not 60 hours a week. If a worker works part-time with two or more employers, the worker’s consent is required for rescheduling part-time hours. The employer has a duty to inform the workers’ council at least every three months about the extent of and the reasons for the introduction of overtime work.
Labour Act §42, §43, and §151(1)

Special categories


Pregnant workers

A pregnant worker, a mother of a child under three years of age, and a single parent of a child under 6 years of age may work rescheduled fulltime working hours only if he or she gives a written agreement to such work.
Labour Act §43(8)

Young workers

The work of minors in rescheduled full-time working is prohibited.
Labour Act §43(7)

REST PERIODS


Rest breaks


General provisions

Work may be interrupted by a rest break of at least 30 minutes for a working period of 6 hours, unless otherwise specified by a separate law. If the special nature of the job does not allow interruption of work, the rest period should be regulated by collective agreement, agreement between the worker’s council and the employer or employment rules or labour contract.
Labour Act §44
Historical data (year indicates year of data collection)
  • 2011: Workers shall be entitled to a rest break of at least 30 minutes after 6 hours of work, unless otherwise specified by a separate law.
  • 2007: Work may be interrupted by a rest break of at least 30 minutes for a working period of 6 hours, unless otherwise specified by a separate law. If the special nature of the job does not allow interruption of work, the rest period should be regulated by collective agreement, agreement between the worker's council and the employer or employment rules or labour contract.
  • 1995: 30 minutes.

Daily rest periods


Duration

After daily work, workers must have an uninterrupted rest period of at least 12 hours.
Labour Act §45(1)
Historical data (year indicates year of data collection)
  • 2011: Employees shall be entitled to enjoy a daily rest period of 12 consecutive hours.
  • 2007: After daily work, workers must have an uninterrupted rest period of at least 12 hours.
  • 1995: 10 consecutive hours.

Special categories


» Agricultural workers

After their daily work, adult workers who perform a seasonal job in agriculture must have an uninterrupted rest period of at least 10 hours.
§45(3)

Weekly rest periods


Duration


» General

Continuous period of 24 hours.
Labour Act §46
Historical data (year indicates year of data collection)
  • 2011: Employees shall be entitled to a weekly rest period of 24 consecutive hours, which shall be added to the daily rest period of the preceding day.
  • 1995: 24 consecutive hours

Day specified

Sunday
Labour Act §46

» Exceptions

If the work of the employee is indispensible on a Sunday then he or she must be provided with one day of rest for each working week, which is to be determined by a collective agreement between the workers’ council and the employer or a labour contract.
Labour Act §46

Work on weekly rest day

When work on Sundays is indispensable, the worker is entitled to a compensatory day off in a period determined by individual or collective agreement.
Labour Act §46

» Compensation (for working on a rest day)

A worker has the right to an increased salary for work on Sundays, holidays, and other days that are not working days.
Salary compensation is set by individual employment contract, employers’ employment rules or collective agreement.
Labour Act §92

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

Full rights to annual leave are only obtained after 6 months of employment. Workers are entitled to one-twelfth of annual leave for each month of work if: the worker does not complete 6 months of employment before the end of the first calander year of employment, the employment relationship is terminated before the expiration of the six-month qualifying period, or employment is terminated before 1 July.
Labour Act §50 and §51

Duration


» General

18 days
Labour Act §47(1)
Historical data (year indicates year of data collection)
  • 2011: An employee has the right to paid annual leave in the duration of at least four weeks for each calendar year.
  • 2007: 18 days
  • 1995: 18 working days.

» Exceptions

A worker who performs jobs in which, even by application of occupational safety and health measures, it is not possible to protect the worker from harmful effect, is entitled to at least 30 working days for each calendar year. These jobs and the minimum duration of annual leave are established by a collective agreement or employment rules.
Labour Act §47(3) and §47(4)

Payment

While on annual leave, the worker has the right to salary compensation in an amount determined by a collective agreement, employment rules or labour contract. The salary compensation may not be lower than the worker’s average monthly salary in the preceding three months.
Labour Act §53

Schedule and splitting

A schedule for taking annual leave is prepared by the employer, in accordance with individual and collective agreements. In determining the annual leave schedule, the needs concerning the organisation of work and the possibilities for rest and leasure available to workers must be taken into account. The worker must be informed about the schedule and the duration of annual leave at leat 15 days before the leave can be taken. In any case, a worker is entitled to take one day of annual leave at his or her convenience provided that he or she informs the employer at least 3 days in advance, unless otherwise specified in a collective agreement.

The worker is entitled take annual leave in two parts, the first part comprising not less than 12 consecutive working days. The fisrt part is to be taken in the calendar year for which the right to annual leave is realised and the second part at the latest by 30 June of the following year. The worker is entitled to transfer annual leave or the first part of annual leave, which was interrupted or not taken due to illness or maternity leave, by 30 June of the following year, provided he or she worked for at least 6 months in the year in which he or she returned to work.
A member of a crew of a ship, a worker working abroad or a worker who was serving in the military may take annual leave in its entirety in the following year.
Labour Act §54, §55, and §56

Work during annual leave

A worker may not waive his or her right to annual leave or accept payment of compensation in lieu of annual leave.
Labour Act §49

Special categories


» Young workers

A minor worker is entitled to paid annual leave of at least 24 working days, for each calendar year.
Labour Act §47(2)

PUBLIC HOLIDAYS

NUMBER

12 days

DATES

As stipulated by Act on Public holidays and non-working days

COMPENSATION (WORK ON PUBLIC HOLIDAYS)

A worker has the right to an increased salary for work on holidays and other days that are not working days according to the law.
Salary compensation are set by individual employment contract, employers’ employment rules or collective agreement.
Act on Public Holidays and Non-Working Days §92

PART-TIME WORK


General provisions

In accordance with the Labour Code, a labour contract may also be concluded for part-time working hours. Part-time work is regulated in indiviudal employment contract, employers’ employment rules or collective agreement.
Labour Act §39

NIGHT WORK


Criteria for night work

Night work is between the hours of 10 in the evening and 6 in the morning of the next day.

Agricultrual night work is between 10 in the evening and 5 in the morning.
Labour Act §59 (1)

Limits

Shift workers may not perform consecutive night work for more than one week.
Labour Act §59(2)

Compensation

A worker has the right to an increased salary for night work.
Labour Act §92

Workers' health

Women employed in managerial or technical jobs or women in the health and social services who do not perform work of manual nature may carry out night work.
Labour Act §60 (3)

Special categories


Young workers

Work in the industry between 7pm and 7am or outisde the industry between 8pm and 6am is considered night work for minors. Night work for minors is prohibited unless this work is indispensable due to force majeure. This prohibition can be suspended by ministerial decision in cases of grave danger for the protectoin of national interests.
Labour Act §62

Pregnant workers/recent birth

A pregnant worker, a mother with a child under two years of age and a single mother with a child under three years of age may not perform night work, unless she herself requests.
Labour Act §61(3)

Parents

The parent of a child with serious developmental problems (a child with severe physical or mental impairment or severe psychological illness) who has taken a leave for the purpose of taking care of the child, or working one half of full-time working hours, may not be ordered to work a night shift.
Labour Act §73(3)

Women

Night work of women is prohibited in industry, unless: exceptionally authorized by Ministerial decision, in cases of grave danger for the protection of national interests, without ministerial authorization if night work is indispensable due to force majeure or to prevent damage to raw material.

In deviation from the general prohibition, the supervising authority may authorize night work of women working in certain industrial branches or activities, or in specific occupations (provided that the employers’ associations and trade unions make an agreement about this or give their concent to this).
Labour Act §60 and §61

SHIFT WORK


Schedule

Shift workers may not perfrom consecutive night work for more than one week.
Labour Act of 1995 as amended 21 September 2004 (Text No. 2415): Article 59(2)

RIGHT TO CHANGE WORKING HOURS


Reasons for request


Parents

When the mandatory maternity leave expires, the female worker has the right to work half-time until her child is one year old, whereas for twins, the third or any subsequent child, she can work half-time until the child(ren) is (are) three years old. This right can be used by the worker who is the child’s father if the mother is working full-time during this period. After the child reaches one year of age, one of the child’s parents has the right to work half-time until the child reaches three years of age if the child, according to the opinion of an authorised physician, needs greater care and attention due to the state of his or her health and development. When working shortened working hours a worker has the right to salary compensation for the other half of normal working hours, at a level determined by the Act on the Execution of the State Budget.
Labour Act §67

Medical reasons

Workings hours are shortened in proportion to the harmful effect of working conditions on the worker’s health and working ability in jobs in which, despite the application of occupational safety and health measures, it is imposible to protect the worker from harmful effects. The jobs subject to this provision, and the duration of working hours in such jobs are established by collective agreement or by Ministerial decision.
Labour Act §40(1)-(3)

INFORMATION & CONSULTATION


Information

The employer has a duty to inform the workers’ council at least every three months about the extent of and the reasons for the introduction of overtime work.

Before rendering a decision which is important for the position of workers, the employer must consult the workers’ council about the proposed decision and must communicate to the workers’ council the information important for rendering a decision and understanding its impact on the position of workers. Important decisions include particular decisions on annual leave plans, working hours schedules and night work.

The employer must notify the workers about the schedule or changes to the schedule of working hours at least one week in advance, except in cases of urgent overtime work.
Labour Act §151, 152; 42(2)

Results generated on: 23rd August 2014 at 15:23:12.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.