Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Migration for Employment Convention (Revised), 1949 (No. 97) - Serbia (Ratification: 2000)

1. Article 1. Provision of information. Legislation. The Committee recalls its previous comments regarding the legislative framework applying the Convention and the need for clarification regarding which legislation is currently in force. The Committee notes that a new Law on employment of foreign citizens in the Republic of Serbia and the Law on conditions for movement and stay of foreign citizens are currently being drafted, which are expected to be completed in 2008. The Government also refers to the Law on movement and stay of foreigners and the Law on conditions of employment for foreign citizens, which unfortunately were received too late to be examined by the Committee. The Committee would be grateful if the Government would provide an indication of all the legislation in force concerning migration for employment, with an indication of the relevant provisions applying each of the Articles of the Convention and to provide copies of any legislation which has not yet been sent to the Office. Recalling also its previous comments in which it noted the Government’s plans to harmonize its legislation with the European Union member countries, the Committee reiterates its request for information on: (1) the expected impact this will have on emigration from and immigration to the country; and (2) the male and female workers particularly affected by the new measures.

2. Migration flows and bilateral or special agreements. The Committee notes the statistical information on medical workers, predominantly women, employed in the Libyan Arab Jamahiriya and the number of migrant workers employed in the construction, metallurgy and insulation and similar industries in Germany. It further notes that negotiations on agreements are ongoing with Algeria (regarding employment of medical workers) and Belarus, and with private employers from Romania and the Czech Republic on the basis of general contracts of employment. With respect to immigrant workers, the Committee notes the Government’s statement that the number of foreign citizens actually employed in Serbia is higher than the number recorded by the statistics of the National Employment Service, and they are mostly employed in temporary and occasional jobs. The Committee asks the Government to make an effort to collect more complete statistics on the employment of foreign workers in Serbia, including those in temporary and occasional jobs. Recalling that the Convention covers both temporary and permanent workers, the Committee asks the Government to define “temporary and occasional jobs”. Please continue to supply statistical information, disaggregated by sex, origin and sector of employment, on the number of male and female workers from Serbia seeking employment abroad as well as on the number of foreign workers employed in Serbia, and provide copies of the agreements regarding the employment of Serbian workers in Algeria and Belarus, as well as of the agreements with private employers, once adopted.

3. Article 3. Misleading propaganda. The Committee notes the information in the Government’s report regarding the licensing for intermediaries providing employment abroad and the supervision of employment agencies by the Ministry of Labour and Social Policy and subsequently by the Ministry of Economy and Regional Development with respect to job offers and contracts of employment. The Government indicates that, in order to combat unauthorized or illegal performance of operations, it is cooperating with the market inspection who can take measures to prohibit the operations of companies and entrepreneurs performing without a licence. The Committee notes that measures, including criminal proceedings, have been taken against some agencies. The Committee asks the Government to indicate to what extent specific action, including penalties, has been taken against both licensed and unlicensed agencies which disseminate misleading propaganda regarding the migration process. Please also indicate any other measures taken to avoid nationals as well as non-nationals receiving erroneous information regarding conditions of work and job offers, including any agreements or cooperation in place with the Governments of the Republic of Moldova, Romania and Ukraine to combat human trafficking in accordance with Article 3(2) of the Convention.

4.  Article 6. Equality of treatment. The Committee notes the Government’s explanations that certain rights of foreign citizens depend on the fulfilment of certain conditions, such as reciprocity, approval or place of residence, and that the right to employment is a right enjoyed equally by foreigners and nationals. The Committee recalls that the imposition of certain conditions such as residency requirements is not contrary to the Convention in so far as these conditions are applied also to nationals, taking into account the exceptions permitted under Article 6(1)(b) regarding social security. The Committee recalls its previous comments on Article 6 of the Convention and asks the Government to indicate in more detail the relevant provisions of the legislation and other measures taken relating to items (a)–(d) of Article 6(1) of the Convention for both temporary and permanent workers. Please indicate the conditions that need to be fulfilled in order to enjoy these rights and specify any particular measures to ensure in practice that migrant women are not being discriminated against.

5. Article 8. Right of residence of permanent migrant workers. The Committee notes the Government’s indication that the residency permit may be cancelled if the worker fails to comply with the rules prevailing in the Republic of Serbia, if the worker remains without means of support, if the worker is begging or tramping, or if cancellation is required for reasons of protection of the public order or the interests of the defence of the country. The Committee stresses that security of residence for permanent migrants and members of their families in the case of ill health or injury constitutes one of the most important provisions of the instrument, and is concerned that, in cases where this is not effectively applied, permanently resident migrants may thus find themselves living under the constant threat of repatriation (see paragraph 608 of the 1999 General Survey on migrant workers). The Committee asks the Government to indicate the measures taken or envisaged to ensure that the right of residency of permanent migrants is maintained in the event of incapacity for work, when as a result the worker risks finding himself or herself without means of support.

6. Part V of the report form. Practical application. The Committee notes that the court decisions applying the Convention, which were to be sent additionally, have not been received. The Committee asks the Government to send copies of these decisions, as well as to supply additional information, including reports or surveys, results of labour inspection activities and court decisions, on how the Convention is generally applied in practice.