engleski

The Right to Occupational Health, Safety and Dignity - EU Workers' Fundamental Right Viewed from Croatian Perspective

This paper has two objectives. Firstly, to warn that the workers' right to occupational health, safety and dignity is the fundamental right defined in the Charter of Fundamental Rights of the European Union, because this fact is together with its legal implications disregarded in Croatia. The right is exercised based on the applicable EU Directives and the European Social Charter (revised). Obligation and responsibility of Croatia as a member state is to fully and properly transpose all requirements defined in European sources into the national legal framework, and as a result the second objective of the paper is to assess the legislative achievements of Croatia. The paper brings the analysis and comparison of selected normative solutions from the sources of European and national legislation relevant for this topic, and legal interpretations of the Supreme Court of the Republic of Croatia. The results show that there are obstacles to the efficient exercise of the fundamental workers' right to occupational health, safety and dignity in Croatia. They include deficient regulations that do not entirely reflect the intentions of EU legislators and the judicial practice when it departs from the regulations in which the normative content of rights and duties of subjects in labour relations is entirely appropriately defined in relation to EU legislation.

occupational safety and health; dignity at work; harassment; special working conditions; termination of the employment contract

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