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Croatia’s whistleblowing law
Croatia’s data protection
Equal treatment for temporary agency workers in Croatia
Anti-discrimination laws Croatia
Equal pay in Croatia
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Employee protections in Croatia
Croatia’s labour laws provide comprehensive protections for employees, covering areas such as pay equity, anti-discrimination, harassment prevention, and whistleblowing safeguards. These frameworks are set in place to ensure fair treatment, uphold dignity, and foster inclusive workplaces. Employers must navigate these legal requirements carefully, particularly in sensitive situations like protected conversations with employees, which protect open and confidential dialogue.
Protected conversation employees’ rights in Croatia
Employee rights during sensitive or significant employment-related discussions are protected under the Labour Act (Zakon o radu) and other relevant regulations. These rights are established to ensure fair treatment, prevent discrimination, and maintain transparency in the employment relationship. For example, employees have the right to receive clear and honest communication during discussions that affect their employment, such as performance reviews, contract changes, redundancy, or potential termination. They are also entitled to be accompanied or represented during discussions that may involve disciplinary actions, termination, or redundancy.
To support these protections, employers are encouraged to implement transparent policies, conduct regular audits, and establish clear reporting procedures. Whether addressing pay discrepancies, ensuring non-discriminatory practices, or handling harassment claims, prioritising compliance not only avoids legal risks but also builds a more productive and harmonious workforce.
Croatia’s whistleblowing law
In Croatia, employees who report workplace irregularities to state authorities or internally are protected under the Whistleblower Protection Act. This legislation provides robust safeguards to whistleblowers, including judicial protection, the right to damages, and the assurance of identity and confidentiality. Employers must comply with this law to ensure a secure and supportive environment for employees who raise concerns.
One of the key requirements for companies with more than 50 employees is to establish internal mechanisms for reporting irregularities. Specifically, employers must:
- Enable confidential whistleblowing through an internal reporting system.
- Appoint a designated confidentiality officer to handle reports of irregularities.
- Protect whistleblowers from retaliation, ensuring they are not placed in a disadvantageous position or terminated due to their actions.
- Maintain the confidentiality of all received information to prevent unauthorised disclosures.
- Address identified anomalies promptly and effectively.
- Formalise the internal reporting procedure and appointment of the confidentiality officer through an internal act.
Employers must note that whistleblowing is explicitly excluded from being considered a breach of business secrets. This provision ensures that employees feel secure in reporting misconduct without fear of violating confidentiality agreements.
Adhering to whistleblowing regulations in Croatia benefits employers in several ways. It enhances the organisation’s reputation, fosters a culture of accountability, and minimises the risks associated with undetected misconduct. Moreover, a structured approach to whistleblowing ensures that companies remain compliant with legal requirements, avoiding potential penalties and disputes.
Croatia’s data protection
Employee data protection rights in Croatia are primarily governed by the General Data Protection Regulation (GDPR), the Act on Implementation of GDPR (Official Gazette No. 42/18), and the Employment Act. These laws reinforce that privacy and data protection are fundamental rights for all citizens, including employees.
Under these regulations, employers have the duty to safeguard personal data and can process such information only under specific conditions, such as:
- When provided for by the Employment Act or another law.
- If processing is necessary to fulfil rights and obligations related to employment.
- When processing serves a legitimate and important interest, and no less intrusive means are available.
Employers must also ensure transparency in their data processing activities. Employees have the right to be informed about:
- The purpose and scope of data processing.
- The identity of the data controller.
- Recipients of the personal data.
- Any intention to transfer personal data to third countries.
- The intended storage period for their data.
Moreover, employees can request access to their data, corrections, or deletions. They also have the right to object to data processing and to lodge complaints with a supervisory authority.
Employers with more than 20 employees are subject to additional obligations, such as:
- Adopting internal by-laws defining how personal data is collected, processed, and shared with third parties.
- Appointing a dedicated individual to oversee the treatment of employees’ personal information.
Equal treatment for temporary agency workers in Croatia
As of January 1, 2023, significant amendments to Croatia’s Labour Law have introduced new rules aimed at ensuring fair treatment for temporary agency workers. These changes mark a crucial step in aligning employment conditions for temporary and permanent staff, offering greater clarity and security for all parties involved in the employment process.
One of the key provisions of the updated legislation is that temporary agency workers must now receive the same rights and benefits as permanent employees. This means that, regardless of the type of employment contract, temporary workers are entitled to equal pay, working conditions, and benefits provided by the employer. These provisions emphasise the importance of treating all employees fairly, regardless of their employment status.
How temporary staffing agencies work in Croatia
In Croatia, these agencies act as intermediaries, hiring workers and then assigning them to client companies on a temporary basis. The new Labour Law amendments ensure that agency workers are not disadvantaged compared to their directly employed counterparts. Employers must also remain aware of the regulations governing how long a temporary employee can work through an agency. While specific time limits may vary depending on the nature of the job, the legislation ensures that temporary contracts cannot be used to circumvent fair employment practices.
The amendments aim to create a more balanced labour market by providing temporary workers with the same protections as permanent employees. These changes also place additional responsibilities on employers and staffing agencies, such as ensuring compliance with the new rules and maintaining transparent employment practices.
Anti-discrimination laws Croatia
Creating a workplace that fosters respect, and fairness is crucial for every employer. In Croatia, robust legislation ensures that employees are protected against discrimination and harassment.
The Anti-Discrimination Act (Official Gazette Nos. 85/08 and 112/12) is the foundation of anti-discrimination legislation in Croatia. It prohibits direct and indirect discrimination in Croatia on various grounds, including race, skin colour, gender, sexual orientation, language, religion, political or other beliefs, national or social origin, financial status, birth, social position, membership or non-membership in political parties or unions, and physical or emotional disabilities.
Complementing this, the Gender Equality Act (Official Gazette No. 82/08, 69/17) specifically addresses gender-based discrimination in both public and private sectors. Employers are required to ensure that job advertisements are free from gender bias unless gender is a legitimate and essential requirement for the role.
The law on suppression of discrimination in Croatia emphasises equal treatment in all aspects of employment, from recruitment to promotion, and includes the obligation to eliminate discriminatory practices. Employers are encouraged to review their policies and practices to ensure compliance with these laws.
In practical terms, the law mandates fairness in employment practices, such as hiring, promotions, and dismissals, and requires educational institutions and public service providers to ensure equal access to opportunities and resources. Employers and organisations are encouraged to provide anti-discrimination training to promote an inclusive environment.
Protection against harassment in Croatia
Protection from harassment, including sexual harassment, is a critical component of workplace safety. Employers are required to safeguard employees from the actions of superiors, colleagues, and other individuals with whom employees interact during work.
The Anti-Discrimination Act and Gender Equality Act explicitly prohibit sexual harassment in the workplace. Employers are required to take proactive steps to prevent harassment, including:
- Adopting internal by-laws that detail procedures and measures for addressing harassment and sexual harassment.
- Appointing a designated individual responsible for handling complaints related to harassment.
- Ensuring that the workplace culture discourages any form of harassment through regular training and awareness campaigns.
Employers with at least 20 employees have additional obligations. They must implement internal regulations that clearly define harassment procedures, provide guidance on reporting mechanisms, and outline the employer’s response to such incidents. These measures demonstrate the organisation’s commitment to upholding employee rights and fostering a respectful work environment.
Equal pay in Croatia
Building a workplace culture rooted in fairness and respect starts with ensuring employees are treated equitably, especially when it comes to pay. In Croatia, the legal framework for pay equity is robust, offering employees protection against discrimination and empowering employers to create transparent and fair compensation systems.
Pay equity laws in Croatia
Croatia has implemented pay equity laws to ensure equal pay for work of equal value. These provisions, outlined in the Labour Act, prohibit discrimination in remuneration based on gender and other protected characteristics. The principle of equal pay applies to equal work or work of equal value, reinforcing the commitment to fairness in the workplace.
Employers are required to maintain transparency in their remuneration policies. Employees have the right to seek redress in cases of pay discrimination, and equal pay court rulings in Croatia provide legal precedents for enforcing these rights. To support compliance, the legislation encourages employers to conduct regular pay audits to identify and address potential gender-based pay gaps.
It is essential for employers to stay updated on any amendments or updates to pay equity laws. This ensures alignment with legal requirements and demonstrates a commitment to promoting equity and fairness in the workplace.
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Understanding what you can and can’t do as an employer is one of the biggest challenges of hiring in Croatia. Get it wrong, and you could face legal action and damage to your reputation.
Our solutions protect both you and your workers, thanks to our team’s in-depth knowledge of local and international labour laws. That means you can stop worrying about compliance issues and focus on getting the job done.
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