A labor rights cut is being prepared. Trade unions have rebelled, but reality requires change
Source: Pixsell / Author: Dusko Jaramaz / PIXSELL
The devastating economic consequences of the spread of coronavirus infection are inevitably reflected in the possibility of fulfilling workers' rights regulated by the Labor Act, internal acts and employment contracts. The government has not so far encroached on labor rights, but extraordinary circumstances require it to align legal provisions with realities
The Ministry of Labor and the Pension System confirmed that they were preparing a special law under the working title 'Law on the Regulation of Labor Relations in the Circumstances of the COVID-19 Disease Outbreak'.
According to unofficial information, a dozen Labor Law interventions are expected, which should be adopted as a matter of urgency and remain in force for the duration of the crisis. The new rules would give employers 'hands off' to pay adjustments, redistribution of working time, use of annual leave, etc.
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The legal solutions should be agreed with the social partners, but unions do not agree to a right suspension. From the Union of Independent Trade Unions of Croatia (SSSH), they sent an open letter asking the Government to give up the suspension of labor and social rights because it would 'create chaos and preserve the income of workers and thus the business of employers'.
Given the extraordinary circumstances that require rapid adjustments to the work process, the intervention law provides for the exclusion of the obligation to consult the works council and the exclusion of seeking approval from the works council when making decisions. It would also allow employers to unilaterally exclude certain provisions of collective agreements .
The key provisions of the intervention law relate to the regulation of wages . Considering the fact that hundreds of thousands of workers will end up at the minimum due to the suspension of activity, and the current Labor Law prohibits unilateral wage cuts, corrections to the law are necessary in order not to violate the law.
The new provisions would allow employers at risk of doing business to reduce their pay through the rules of employment to a minimum wage and abolish the right of workers to pay one-off substantive rights.
Employers will be given 'hands off' due to special circumstances in determining and redistributing working hours . This will allow them to offer the worker an extension of a contract of employment that would shorten the contracted working time during the validity of the decision to declare an epidemic and thereby contract a salary lower than originally contracted.
Depending on security, they will also be able to make a unilateral decision to schedule or change the employee's working hours. For example, if the civil protection headquarters decision is limited to working hours, such as in the shop, they will be able to extend their working hours in one shift and order an employee to work every other day.
Employers will be able to make a unilateral decision to refer to 'work from home'
Source: Profimedia / Author: Paul Bradbury / Hoxton / Profimedia
As the practice of 'work from home' has expanded since the beginning of the crisis , legal provisions will be adapted in this segment as well. Existing law, when referring to work from home, requires the consent of the worker, subject to a variety of conditions. In addition, the employer could unilaterally make a decision about working at a separate place of work (work from home), subject to the necessary conditions such as securing the means of work and the prescribed safety measures at work.
Part of the employers referred their workers on vacation due to business interruption or lack of work. As the current law stipulates that workers should be notified of their vacation schedule at least 15 days before use, this provision would be suspended because of the existing circumstances.
Among the potential new legal solutions is the temporary suspension of the obligation to periodically inspect workers for jobs with special working conditions.
The proposed amendments do not provide for the facilitation of the cancellation of employment contract . However, as a large proportion of employees in the most vulnerable sectors have fixed-term contracts, employers do not need special authorization. If they decide to reduce the number of employees, they can simply lay off workers so that they do not extend their contracts after the time they have been contracted.
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Ovaj Blog
Moj Sydneyski advokat nije mi mogao pomoči, jer nije postojao zakon pomoču kojeg bi isti mogao da bude opovrgnut.
**************************************************************************************************************
Ovaj Blog
Moj Sydneyski advokat nije mi mogao pomoči, jer nije postojao zakon pomoču kojeg bi isti mogao da bude opovrgnut.
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