THE PROTECTION OF DIGNITY OF WORKERS IN THE CROATIAN LAW

Abstract

The paper presents the standpoint of legal theory and court practice and it outlines the rules regulating the protection of dignity of workers in the Republic of Croatia. In the introductory section, the authors defined the notion of dignity and the terms such as harassment and mobbing. In the body of the paper, the authors described the protection procedure and the safeguards of dignity of workers, possible types of harassment/mobbing at the workplace, the substance of the claim by which the claimant requests court protection, procedural rules of the court proceeding and the evidentiary procedure for proving mobbing. The authors particularly emphasised that there are no special procedural provisions regarding the burden of proof in the event of mobbing, but instead the general procedural rules apply whereby each party in dispute must substantiate the authenticity of their own claims. In the final section of the paper, the authors analysed the workers’ right to the indemnification of intangible and tangible damage suffered at the workplace or work related as a result of the violation of personal dignity.

The authors concluded that it is necessary to implement the legislation which protects the dignity of workers in order to avoid the harmful repercussions both for the worker and the employer, and that it is particularly important to observe and apply court practice to ensure the proper implementation of said legislation.