The Challenges of the Modernization of Croatian Labour Law

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Presentation transcript:

The Challenges of the Modernization of Croatian Labour Law The young at work Experiences in the Netherlands Rijeka, 12 May 2017 Frans Pennings (Utrecht University)

Overview General context of youth unemployment Preparation for the labour market Traineeships The labour law applicable Disabled persons In public assistance

General context Youth unemployment (<25) in Nl is decreasing (from 11.4% (3/2016) to 10.2% (12/2016). (for general population: 5.4%) (September 2013 peak of youth unemployment: 14%)

Preparation for the labour market Obligation to go to school: until they have a basic qualification (diploma in high school) or are 18 Support by municipalities for persons < 27 not having obtained a basic qualification: work/training period Specific rules for disabled persons who cannot find work

Always ‘danger’ that it is regarded as contract of employment Traineeships During following high school education: learning/work contracts, these are excluded from labour law; provisions on health and safety may be applicable After university: current trend: paid traineeship during some time in order to obtain work experience Not regulated by an act Always ‘danger’ that it is regarded as contract of employment

The labour law for young persons General labour law is applicable, no special contract Currently: lower minimum wage for persons under 23 Problems: competition with other workers age discrimination discussion

Workers with a contract for a definite period after 3 contracts, the fourth is a contract for an indefinite period; and if a contract has been extended and the total period exceeds 24 months, the last contract is one for an indefinite period. Exemption only possible by collective agreement or in relation to specific nature of the work. Not applicable to learning contracts or for persons under 18

On call workers Legal presumption: On call workers for whom no fixed working schedule exists are entitled to wage for at least three hours in each calleven if they work less When an on call worker has worked at least three months there is a presumption that the average number of hours s/he worked is the extent of his contract. Employer can refute this presumption.

Unemployment In public assistance: obligation to have a counter activity, to be organized by municipality: this cannot compete with the regular labour market Specific work experience jobs (in the regular labour market) for persons with a distance to the labour market (disabled persons)

conclusion No public employment schemes (for others than the disabled) to employ young persons Basic principle is to focus on getting basic qualifications Some private initiatives to offer traineeships to graduates. Not regulated Some problems remain severe: for the disabled and for persons from some foreign origin