Constitutional Complaint as an Instrument of Fulfilling the Worker ׳s Rights in Croatian Legal System

This paper begins with formal defining of human rights and freedoms, and the basic document regarding the said subject is undoubtedly French Declaration of the Rights of Man and of the Citizen from 789. This paper furthermore parses legal sources relevant for the workers' rights in legal system of the Republic of Croatia, international contracts and the Labour Act, which is also a master bill regarding workers' rights The authors are also dealing with issues of Constitutional Court of the Republic of Croatia and its' position in judicial system of the Republic of Croatia, as well as with the specifics of Constitutional Complaint, and the crucial part of the paper is based on the research conducted with an aim to determine implementation of rights and liberties guaranteed by the articles 54. and 55. of the Constitution of the Republic of Croatia by means of Constitutional Complaint. Keywords—a right to work, a freedom of work, Constitutional Court of Republic of Croatia, Constitutional Complaint I.INTRODUCTION UMAN rights and freedoms and its achievement are subjects that have occupied many authors. It was a very intriguing issue in the past, and is especially actual today. Many will agree that observance of human rights and freedoms was never on the lower level than it is today. Citizens of the Republic of Croatia, Croatian works accent violation of a right to work and freedom of work, complain about nonobservance of constitutional principle of equal accessibility of work places for everyone under equal conditions. Special problem in the Republic of Croatia today represent salaries. Despite of constitutional stipulation that guarantees all employees a right to receive a salary with which they can enable a decent life for themselves and their families and despite of the provision of the Labor Act according to which employer is obliged to pay a salary in the amount determined by Collective Agreement and Employment Rule and Employment Agreement, and secondarily an appropriate salary, the situation in Croatia is much different. It is not that many workers are not receiving an appropriate salary, but are not receiving a salary at all. The question is what should be done in that case? How to protect violated rights that are at the same time protected by the Constitution of the Republic of Croatia. In that sense this paper starts with a premise that workers can address the Constitutional Court through Constitutional Complaint in order to protect rights guaranteed by the