Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Serbia (Ratification: 2000)

In its previous comments, the Committee had taken note of comments made by the International Trade Union Confederation (ITUC) in 2006 concerning alleged physical assaults against union delegates. The Committee notes that, according to the comments of the Confederation of Autonomous Trade Unions of Serbia (CATU) forwarded with the Government’s report, this problem applies to educational as well as health care personnel. The CATU proposes, as a way to address this problem, to increase sanctions against possible attacks on workers employed in the education and health sectors. The Committee regrets that the Government has not communicated any observation with regard to these comments. The Committee recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations and it is for governments to ensure that this principle is respected. The Committee requests the Government to communicate its observations on the comments concerning physical assault against union officials and members.

Article 2 of the Convention. Right of employers to establish and join organizations of their own choosing. The Committee recalls that, for a number of years, it has been commenting on section 216 of the Labour Act which provides that employers’ associations may be established by employers that employ no less than 5 per cent of the total number of employees in a certain branch, group, subgroup, line of business or territory of a certain territorial unit. The Committee notes with interest that the Government indicates in its report that it will take into consideration the Committee’s comments on section 216 of the Labour Act in the course of amendment of the Labour Act. Considering that the 5 per cent requirement at all levels may hinder the establishment of employers’ organizations, the Committee requests the Government to indicate in its next report the measures taken or contemplated to amend section 216 of the Labour Act so as to retain a reasonable minimum membership requirement for the establishment of employers’ organizations.

The Committee is addressing a request on certain other points directly to the Government.