Regulations on sexual harassment in the workplace in Croatia

There is legal regulation in Croatia, that defines and prohibits sexual harassment in the workplace. The matter is regulated by following acts:

• The Anti-Discrimination Act from 2008 (amended in 2012) defines sexual harassment as “every unwanted verbal, non-verbal or physical conduct of a sexual nature, which has as its intention or represents a violation of a person’s dignity, especially if it creates an intimidating, hostile, derogatory, demeaning or offensive environment”.
• The Gender Equality Act from 2008 (amended multiple times, last time in 2017) also contains the definition quoted above and further prohibits any type of gender-related discrimination in the workplace.
• The Labour Act from 2014 (amended in 2017, 2019, 2022 and 2023) prescribes the implementation of protective measures and relevant procedures against discrimination and sexual harassment in the workplace and
• The Criminal Code from 2011 (as amended multiple times in the period 2012 – 2024); workplace harassment that harms the health of the employee constitutes a criminal offence. Everyone is obliged to report it, and it is prosecuted at the request of the victim.

Besides the legislation mentioned above, it is common for  collective bargaining agreements to tackle the matter; however, it is usually just a general prohibition of (sexual) harassment and reference to the legislation referred to above, i.e. it is rarely seen that collective bargaining agreements contain any additional protection or measures that are prescribed by the law.

Lastly, the National Plan for the Suppression of Sexual Violence and Sexual Harassment for the period up to 2027 has been adopted, as well as the Action Plan for the Suppression of Sexual Violence and Sexual Harassment for the period up to 2024. The primary goal is to achieve a coordinated social response to sexual violence and sexual harassment, ensure effective action to protect victims, promote their rights, and raise public awareness about the unacceptability and harmfulness of such behaviour.

Yes, employers  are required to ensure a safe work environment, which includes the protection of the employees’ dignity during work from any acts by their managers, colleagues and persons with whom the employee comes into regular contact, which could be deemed as contrary to the applicable legislation and would constitute unwanted conduct towards the employee (including sexual harassment). The employer who employs at least 20 employees is obliged, with the prior written consent of the person proposed for appointment, to appoint a person (and the employer who employs more than 75 employees is obliged to appoint two persons of different genders) who, in addition to the employer, are authorised to receive and resolve complaints related to the protection of employees’ dignity. The appointed persons may be either employees or third parties.

Compared to other countries, there has been no significant impact on the number of harassment claims against our employer clients as a result of the #MeToo movement. However, the regional #MeToo movement has triggered a wave of sexual harassment reports in the public sector (primarily educational institutions and police/customs authorities). According to official statistics from the Ministry of Interior, 35 reports of the criminal offence of sexual harassment were recorded in 2019, compared to 30 in the previous year. According to data published by the Gender Equality Ombudswoman, harassment claims have been on the rise.

The employer who employs at least 20 employees is obliged, with the prior written consent of the person proposed for appointment, to appoint a person (and the employer who employs more than 75 employees is obliged to appoint two persons of different genders) who, in addition to the employer, are authorised to receive and resolve complaints related to the protection of employees’ dignity. The appointed persons may be either employees or third parties.

If the employer fails to take measures to prevent harassment or sexual harassment within a set timeframe, or if the measures taken are clearly inappropriate, the harassed employee has the right to stop working until protection is provided. This is contingent upon the employee requesting protection from the competent court within eight days. In court proceedings, the burden of proof lies on the employer, i.e. the employer must prove that there was no conduct constituting sexual harassment against the employee.

The employee can make a request to the court: (i) to make a finding that the conduct amounted to sexual harassment; (ii) to prohibit all activities which constitute harassment, i.e. to resolve the harassment case and its consequences; (iii) to award damages incurred by the violation of the employees’ rights in accordance with the applicable civil law; (iv) to publicise the court decision which made a finding of harassment.

The employee can also make a request for payment of all due but unpaid salary (together with statutory interest) if he/she has stopped working during the court proceedings. Additionally, if a finding of sexual harassment is made, the employer will generally be obliged to pay all court fees incurred as part of the court proceedings.

Additionally, if there are circumstances that make it unreasonable to expect the employer to protect the dignity of the employee, the employee is not required to submit a complaint to the employer and has the right to stop working, provided they have requested protection from the competent court and notified the employer within eight days from the day they stopped working. During the 'break' and the duration of the court proceedings, the employee is entitled to compensation equal to what they would have earned if they had been working.

We would mark this point amber on the traffic light scale. Our clients request advice and assistance to ensure they are providing an optimal working environment for their employees, which includes implementing protective measures against sexual harassment, as well as against discrimination generally (through appointing dignity officers, by including specific provisions in employment contracts and by-laws, etc.). Therefore, we would say the matter is not marginalised, i.e. employers are aware of their obligations and are mostly willing to comply with them. However, the matter is not very “hot” (especially media-wise), as it is in some other countries, and we are of the impression that employees still have certain reservations when it comes to fully exercising their rights.

In addition to internal reporting systems, complaints can be filed with the Gender Equality Ombudsman, who is further authorised to forward the complaint to competent authorities (if applicable) or can recommend other measures to mitigate any unwanted behaviour, if deemed necessary.

While there are no official statistics on the occurrence of harassment cases in specific sectors/areas, the media reports largely focus on harassment cases in the public sector and less so in privately owned companies.

The Gender Equality Ombudsman highlights the education sector, the police and local and regional government bodies as especially problematic.