Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Serbia (Ratification: 2000)

1. The Committee notes the Government’s first report on the application of the Convention. It notes in particular the various provisions of the Labour Law and the Law on Employment and Unemployment Insurance which provide legal protection from discrimination on the ground of family responsibilities and for leave entitlements to care for children and persons with certain disabilities or severe illnesses. In order to enable the Committee to make a full assessment of the application of the Convention in law and practice, it requests the Government to provide additional information on the matters set out below.

2. Article 3 of the Convention. National policy on workers with family responsibilities as a means to promote gender equality. Recalling that one of the objectives of the Convention is creating effective equality of opportunity and treatment for men and women workers, the Committee notes the Government’s indication that legislation on gender equality is under preparation. The Committee requests the Government to indicate the measures taken to ensure that the new legislation promotes the application of the Convention.

3. Discrimination on the basis of family responsibilities. Noting section 18 of the Labour Law and section 8 of the Law on Employment and Unemployment Insurance, both prohibiting discrimination on the basis of family responsibilities, the Committee requests the Government to indicate whether the courts or the competent administrative authorities have dealt with any cases involving infringements of these provisions.

4. Article 4. Terms and conditions of employment. The Committee requests the Government to provide information on the practical application of the provisions of the Labour Law providing for leave entitlements or the possibility of reduced working time for workers with family responsibilities (articles 91 to 94, 96, 97 and 100), including statistical or other information indicating the extent to which men and women workers make use of these entitlements. Please also provide a copy of the regulations referred to in section 96 of the Labour Law concerning the granting of special childcare leave, as soon as they are adopted.

5. Article 5. Community planning and services. Please provide further information on the number, nature and capacity of community childcare and family services and facilities.

6. Article 6. Awareness raising and education. Noting the Government’s explanations concerning the mandate of the Council for Gender Equality, the Committee requests the Government to indicate any activities of the Council to promote broader public understanding of the principle of gender equality and work and family issues, as well as the need to address the problems that workers with family responsibilities face. The Committee also asks the Government to indicate whether any measures are being taken to encourage the sharing of family responsibilities between men and women, as recommended in Paragraph 11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165).

7. Article 7. Measures to enable workers with family responsibilities to enter, re-enter and remain integrated in the workforce. The Committee requests the Government to indicate the extent to which workers with family responsibilities, particularly women, benefit in practice from the measures available under the Law on Employment and Unemployment Insurance, such as further training or professional guidance.

8. Article 9. Collective agreements. The Committee requests the Government to provide information on the manner in which collective agreements deal with issues relating to the application of the Convention. In this regard, the Committee would appreciate receiving information on any collective agreements that provide for measures assisting men and women workers to combine work and family responsibilities.

9. Article 11. Participation of workers’ and employers’ organizations. Please provide information on any initiatives taken by the Economic and Social Council with a view to devising and applying measures to give effect to the provisions of the Convention.