[PROPOSAL]
By virtue of Articles 185 and 187 of the Labor Law (Official Gazette 38/95., 54/95., 65/95. and 17/01.), the Trade Union of Croatian Journalists (hereinafter referred to as: Union), represented by Jasmina Popovic, president, and the Trade Union of Printing and Publishing Industry of Croatia (hereinafter referred to as: Union), represented by Stjepan Kolaric, president
and
Association of Newspaper Publishers, at the Croatian Employers' Association - represented by Ante Gavranovic, president
Croatian Radio and Newspaper Association, represented by Branko Ostricki, president
Association of Employers Hrvatski Graficar, represented by Franjo Beser, president
Croatian Radio Television (HRT), represented by Anto Obuljen, authorized representative
(hereinafter referred to as: Employer)
as Parties to the Contract have signed on ______this
COLLECTIVE AGREEMENT
FOR JOURNALISTS AND MEDIA WORKERS
Content:
- GENERAL STIPULATIONS
- RIGHTS AND OBLIGATIONS OF PARTIES TO THE CONTRACT
- INDIVIDUAL LABOR RELATIONS
- MATERIAL RIGHTS OF WORKERS
- ADDITIONAL MATERIAL RIGHTS
- OTHER RIGHTS OF WORKERS
- CONDITIONS FOR THE WORK OF TRADE UNION
- PEACEFUL RESOLUTION OF COLLECTIVE DISPUTES AND STRIKE
- APPLICATION, DURATION, CHANGE AND CANCELLATION OF THE AGREEMENT
- ANNEX I. - RIGHTS AND OBLIGATIONS OF PART-TIME WORKERS
- ANNEX II. - JOURNALISTS' STATUTES (EDITORIAL STATUTES)
- ANNEX III. - TYPES OF MEDIA AND MATERIAL RIGHTS OF WORKERS
I.GENERAL STIPULATIONS
Article 1
This Collective Agreement (hereinafter referred to as: Agreement), signed by parties in good faith, regulates mutual relations, rights and obligations of the parties signing this Agreement, rights and obligations of professional journalists and media workers, as well as the rights and obligations of media collaborators in the Republic of Croatia, engaged in working for the media on the basis of informal, atypical employment forms regulated by law.
Article 2
This Collective Agreement is signed on the basis of principles contained in the Constitution of the Republic of Croatia and stipulations of the Labor Law, and guarantees of the Conventions No. 87, 98 and 111 of the International Labor Organization.
This collective agreement will also protect the dignity of human being, rights of workers and freedom of the media, in accordance with Articles 19, 22, 23, 24 and 25 of the UN Declaration on Human Rights, and articles 10 and 11 of the European Convention on Human Rights and Core Freedoms, and the Code of Conduct of Croatian journalists.
II.RIGHTS AND OBLIGATIONS OF PARTIES TO THE CONTRACT
Article 3
Parties to the Contract agree that they will adhere to the following principles:
-Mutual cooperation in the area of labor relations and social insurance
-Supporting social partnership and collective bargaining
-Peaceful resolution of disputes
-Promoting the freedom of information, reporting, comment and critique
-Respecting and implementing the Declaration of the International Federation of Journalists (IFJ) on the principles of behavior of journalists, adopted at the World Congress of the IFJ in 1954, amended at the IFJ World Congress in 1986
-Respecting the regulations of the Law on Author's Rights (Official Gazette 9/99., 76/99. and 127/99.)
Article 4
This Contract determines the lowest level of core rights of journalists and media workers, that cannot be unilaterally lowered. That level can be increased through Collective Agreements on the level of media companies and institutions, and through individual contracts.
Article 5
This Contract is applied on Union members and members of the signing associations and those who become parties to it subsequently. For the purpose of public interest, in accordance with Article 201 of the Labor Law, the minister in charge of labor issues, based on proposal of one of the parties to this Collective Agreement, can extend the application of this Collective Agreement to parties that have not participated in its creation, and that have not subsequently signed it.
When the rights of workers are regulated by two collective agreements, the most favorable right will be applied for workers.
III.INDIVIDUAL LABOR RELATIONS
Article 6
In accordance with the Constitution of the Republic of Croatia, the Labor Law and other legal regulations, parties to the Agreement are obliged not to allow discrimination of journalists and other media workers.
Article 7
The employer can start labor relations with a person fulfilling the general condition for engagement in labor relation determined by law, and other possible conditions for working in determined positions, which are set by law, other regulations, this Contract or the Book of Rules on labor.
Article 8
Labor relation is based on the contract of employment, and collaborator status on the temporary service contract.
Contract of employment must contain all elements set by Law, as well as the temporary service contract.
Signing, validity, termination or other question in connection with the contract that is not determined by the Collective Agreement, Law or other regulation, will be governed by general regulations of the law, in accordance with the nature of the contract.
Article 9
Chosen worker has a duty to begin working on the day determined by the contract of employment.
Prior to the start of work, the worker must be provided with insight into the Book of Rules on labor and into this Contract, regulating rights and obligations of the labor relation.
If the worker does not begin to work on the date determined by the contract of employment without justified case, that contract will be considered void.
Article 10
When signing the contract of employment, the worker is familiarized more closely with work tasks, working conditions, immediate collaborators, rights and obligations stemming from labor relations, and with health and safety.
Article 11
Working obligations are determined by the system of workplaces or other act of the employer, having in mind the needed number of workers for quality work of a given media.
The quantity of work that the worker must perform in regular circumstances must not be such to endanger his/her safety and health.
Parties to the Contract are obliged to create in good faith an appropriate system of workplaces in 6 months the latest from the date of signing of this Contract.
Article 12
Worker, who for any reason performs work belonging to salary compartment with a higher coefficient than his/her own, has a right to a salary of such coefficient while performing this work.
Worker, who for any reason performs work belonging to salary compartment with a lower coefficient than his/her own, has a right to a salary of his/her coefficient while performing this work.
PROBATION WORK
Article 13
When entering Contract of Employment, probation work can be agreed as follows:
- For workplaces of Groups I and II - one month at most
- For workplaces of Groups III and IV- two months at most
- For workplaces of Groups V, VI and VII- three months at most
- For workplaces of Groups VIII, IX and X- six months at most
Worker performing probation work in workplaces for which the Contract of Employment is signed, needs to show his/her expert and work capabilities.
Obligation of probation work will not be applied to workers who have cooperated with the employer for at least one year prior to starting permanent labor relation based on temporary service contract.
WORKING TIME
Article 14
Maximum of 40 working hours per week is set for all workers.
Working week is distributed on five working days. When journalist or other worker is working on both Saturday and Sunday, he/she must have two days of rest in agreement with the employer, which must be met within 14 days.
Distribution of journalists' working hours in the editorial office is adjusted to the needs of the working process.
Working time of journalists in the editorial office and outside of it begins at different times, based on the needs of the work.
Article 15
Working time of a journalist covers the total work of a journalist conducted in the editorial office and outside of it, including:
-Performing essential activities (creation of text, photographs, and so on)
-Presence in meetings at the editoral office
-Presence in different sessions and press conferences
-Presence in sports, cultural, entertainment and other manifestations, from which the journalist is reporting
-Finding sources or data for articles, news, reports, etc.
-Travel to other places for reports, articles, etc.
-Working on investigative topics
-Preparation for writing, etc. (analyzing literature, consulting experts, studying press materials, fact-checking, etc.)
WORK AND RIGHTS OF JOURNALISTS
Article 16
Professional journalist is a person for whom the main, regular and paid job is performing journalistic profession in one or more daily papers, weeklies or periodicals, radio or TV programs, agencies, internet media and other types of public media, in accordance with Article 2 of the Law on Public Information, and the earnings from that job constitute the majority of his/her monthly income.
Journalist's profession encompasses work in accordance with the National Classification of Jobs (Official Gazette 111/98), Book of Rules on membership in the Croatian Journalists' Association and the Regulations of the International Federation of Journalists (IFJ).
Due to the demands and responsibility of work, journalist must have university degree education ("VSS" - BA). Photo-reporter can have high-school education ("SSS")
Article 17
Media personnel are workers/contributors who participate with journalists directly or indirectly in the creation of journalists' texts, radio and TV broadcast/contributions, and other personnel of the media company contributing through their work to ensure the appropriate conditions for the work of journalists and successful performance of the public media.
Media personnel must have appropriate education, knowledge and skills for performing the job that they do.
Article 18
Journalists and other workers must not perform work for themselves or other employer, which would create competition towards the Employer.
As exception to the stipulation of paragraph 1 of this Article, authorization can be given in the name of Employer, by the editor-in-chief for journalists, and the director for other workers, to perform work for other employer; or rights and obligations of workers regarding work for others can be determined in the Contract of Employment.
In case that the authorization is denied, burden of proof that such work constitutes competition lies on the employer.
Article 19
Journalists on probation work, who are engaged to work in the media from the date of the signing of this Agreement, must have university degree education ("VSS" - BA), and other media workers must have education needed for the job for which they are engaged. Expert mentor from the ranks of workers will assist the probation workers in gaining additional knowledge and skills needed for performing the job for which they are engaged.
Article 20
Situation in the media on the date of the signing of this Agreement regarding education level or qualification of journalists will be defined on the basis of years of service in the profession and years of age of the worker:
-Up to 5 years of service and less than 30 years of age - must conclude education to the required minimum, until 30 years of age;
-5 to 10 years of service and less than 35 years of age - must conclude education to the required minimum, until 35 years of age;
-10 to 15 years of service and less than 40 years of age - must conclude education to the required minimum, until 40 years of age;
-More than 15 years of service and above 40 years of age - working and life experience substitutes for lack of university degree.
Article 21
Employer must enable journalists and other media workers to conclude their education up to the required education level along with working. Workers need to obtain required education in the determined time, and the annex of the Contract of Employment also details the consequences of not fulfilling the contract obligation of completing the education.
Employer has a duty to implement and to carry the cost of professional training for working with the new technologies, and to implement gaining other new skills and knowledge needed in the working process.
Article 22
For journalistic work, which requires high education as a prerequisite, the employer can also sign a contract of employment with the worker who does not have the required level of education/ education degree, if the worker is capable to perform these tasks on the basis of his/her working experience, in accordance with Article 20 of this Contract.
Capability on the basis of working experience from paragraph 1 of this Article are knowledge, skills and other working capabilities that the worker without the corresponding level of education/ education degree has gained through years of practical work on certain tasks.
Article 23
In performing his/her professional duties, journalists enjoy the freedom of information, comment and critique in accordance with the current regulations and rules of the journalistic profession.
The journalist has the right to do the following, without any damaging consequences:
-Refuse to write, or prepare, or participate in creating journalistic work, the content of which is opposed to the current regulations or rules of journalistic profession.
-Refuse to disclose source of information.
-Express freely and publicly his/her opinion on all events and persons, respecting the rules of the journalistic profession.
Article 24
Working obligations of all workers in media company are determined through the system of workplaces and regulation on organization and systematization of workplaces in media company, and through individual contracts of employment. Working obligations of journalists are determined in accordance with Article 15 of this Contract.
Systematization cannot be created without the written consent of the Union.
Daily working tasks for the journalist are determined by the immediate editor, in accordance with the needs of the editorial office and workplace to which the journalist in question is assigned.
The editor must enable the journalist to perform the working tasks in his/her thematic area, but also other thematic areas in occasional editions, if such is the need of the editorial office.
Article 25
In case that the editor does not enable the journalist to perform working tasks, the journalist can ask for intervention of the editor in chief and the Union.
If the journalist does not perform working tasks completely in a period of three months, the editor will determine the causes with the journalist, in the presence of trade union shop steward. If the editor cannot solve this problem with the journalist, the editor will inform the editor-in-chief, the director and the Union, and recommend measures in accordance with this Contract.
One of the measures that can be taken is the decrease of working tasks of journalist, if it is determined that there is no fault of the journalist, which means the cancellation of the existing contract of employment and obligatory offer of the new contract of employment with changed conditions.
Article 26
Journalist has the right to refuse to sign the text or other journalistic work that is changed by the editorial, linguistic or other intervention to such an extent, that it is significantly different from the work submitted by the journalist, or for the same reasons in conflict with the conscience, opinion and views of the journalist.
If the editor significantly changes the journalistic work, and the journalist was not in a position to see it and to express his/her opinion of it, the editor can publish such work only without the journalist's signature. The journalist has the right to demand that his/her work is published without his/her signature also in case when there is justified cause to request that (personal security, danger from withholding information, etc.).
Article 27
The journalist has the right to expert and efficient legal and other assistance from the Employer in protection from violence, threats, insult, slander and other negative consequences, due to performing journalistic profession.
For the purpose of offering effective protection from paragraph 1 of this Article, the Employer has a duty to engage the lawyer at its own cost, in case that no relevant expert is available.
In case the journalist loses a court case regarding work performed for the Employer, the amount of money paid to the damaged party according to the court verdict will be reimbursed to the journalist, except in case of intent or utmost carelessness of the journalist.
Depending on the gravity and seriousness of the threats from paragraph 1 of this Article, the Employer has a duty to ensure at its own cost the protection for the journalist and his/her family by temporary assignment of guards, relocation of the journalist and his/her family, etc.
TRAINEES
Article 28
Trainee service, depending on the level of professional qualification (IV. to VII.) will last as follows:
-One year for tasks related to VII. level of professional qualification
-Nine months for tasks related to V. and VI. level of professional qualification
-Six months for tasks related to IV. level of professional qualification
At the request of the trainee, the trainee service can be decreased by one third in the Employer determines that the trainee is enabled for independent work.