engleski

The Principle of Subsidiarity in the Context of the Criminal Law Protection of Workers - A Croatian Perspective

The paper deals with criminal labour law as a field that has been unduly neglected in the Republic of Croatia, not only at legislative, but also at practical and theoretical level. The authors analyse the provisions of the title referring to criminal offenses against labour relations and social security, which was introduced into Croatian legislation in 2013. The introduction of a new title of criminal law legislation is a sign of enhanced criminal law protection of rights arising from labour relations and social security. However, there have been some complaints about the provisions in question, coming not only from among employers, but also from trade unions. Taking into account the objections raised by social partners, the authors try to give a critical review of this matter through the prism of one of the pivotal principles of criminal law - the principle of subsidiarity. In this context, the three most controversial criminal offenses from the title in question are analysed, i.e., a violation of the right to work, failure to pay wages and harassment at work, and it is assessed whether these criminal offenses are designed in accordance with the principle of subsidiarity. In conclusion, the authors give some suggestions in favorem improvements of Croatian criminal labour law de lege ferenda.

subsidiarity; fragmentation; meterial elemnt of a criminal offense; employment; dismissal; harassment; discrimination; corruption

ISBN 978-953-8109-03-4 (Print) ISBN 978-953-9109-04-1 (Online) International Editorial Review Board