Labour Law - Croatia

Labour Law (in English)
(in English) (as at 1 July 2000)

With respect to the regulation of equality between men and women at a legislative level, the amendments to the Labour Law of 2001 included a provision concerning positive discrimination. There is no provision about sexual harassment.

Labour Law protects employed women during their reproductive age by providing norms on the protection of women's health. These norms limit the night and overtime work of women, and provide protection for pregnant women, breast-feeding mothers and the mothers of young children.

Other relevant provisions include:

1. Article 2 of the Labour Law forbids gender discrimination by stipulating that: "A person who seeks employment as well as a person who obtains employment must not be put into an unfavourable position by others on the basis of race, colour of skin, gender..." .
2. Article 3 provides that the employer shall be obliged, when hiring workers, to give priority to the underrepresented gender if the candidates meet, in an equal manner, general and specific conditions for employment.
3. Articles 52, 55 and 56 are special provisions for the protection of maternity, prohibiting women from entering certain professions.
4. Article 55 of the Labour Law stipulates that pregnancy can not be a reason for refusal of employment, nor can the employer ask any kind of questions concerning pregnancy.
5. Article 58 establishes the right of working women to maternity leave. The Law stipulates that for the first and the second child, after mandatory maternity leave which is paid for until the child is one year old, one parent can take unpaid leave until the child is three years old. In that case all his/her employment rights and obligations are put on hold, and the rights to health care and retirement insurance are met according to the regulations.
6. The rights provided on the basis of motherhood can be given to the father as well after the mandatory maternity leave is terminated (Article 59).
7. Article 60 provides a break for breast-feeding two times a day, one hour per each break and these breaks are considered to be working time.
8. Article 63 regulates the status of mother-nurturer.
9. Pregnant women are protected from termination of the labour contract (regular or exceptional), except in cases of temporary labour contracts if the employment ends on expiry of the contracted period regardless of her pregnancy (see article 70).
10. Article 82 of the Labour Law guarantees equal wages to women and men for equal work. It explicitly forbids discrimination based on gender.