Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Serbia (Ratification: 2000)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that the provisions in the Labour Code of 2005 concerning sexual harassment did not cover quid pro quo sexual harassment. The Committee notes with interest that the Government indicates in its report that following an amendment to the Labour Code in 2014, a paragraph was inserted in section 23 providing for the shifting of the burden of proof on the defendant in discrimination cases. The Committee notes though that the definition in section 21(2) of the Labour Code still only refers to sexual harassment due to a hostile working environment. The Government however also indicates that the Law on Prevention of Harassment at Work of 2010 and the Regulations on the Rules of Conduct of Employers and Employees Regarding the Prevention and Protection from Abuse at Work of 2010, stipulate specific manners of behaviour that could be construed as sexual harassment, such as “humiliating and inappropriate comments and actions of sexual nature, attempt or execution of rude and unwanted physical contact, solicitation of acceptance of sexual nature with promises of rewards, threats or blackmail, and other comparable manners of behaviour”. The Committee further notes that section 10(7) and (8) of the Law on Gender Equality 2009 define sexual harassment and sexual blackmail generally taking into account both quid pro quo and hostile environment harassment. Pursuant to section 18 of the Law, sexual harassment and sexual blackmail by an employee is considered a violation of duties leading to termination of the employment contract. With a view to strengthening the protection against sexual harassment in the workplace and harmonizing the legislation, the Committee requests the Government to consider amending section 21 of the Labour Code to include also protection against quid pro quo sexual harassment, and to provide information on any progress made in this respect. It also requests the Government to provide information on any cases of sexual harassment at work addressed by the competent authorities and any measures taken to address and prevent, in practice, sexual harassment in employment and occupation, including awareness-raising and training activities.

Article 2. Equality of opportunity and treatment of men and women. The Committee welcomes the creation of a Coordination Body for Gender Equality in October 2014, which was instrumental in the adoption of the National Gender Equality Strategy for 2016–20 and the accompanying Action Plan for the period of 2016–18 in January 2016. The Committee notes from the statistics provided by the Government that the rate of economic activity of women has gone up from 50.6 per cent in the final quarter of 2010, to 55 per cent in the first quarter of 2015, while the unemployment rate of women has gone down from 21.2 per cent to 20.8 per cent. Women however still comprise the majority of “contributing household members”, at 71 per cent, as compared to 29 per cent for men in 2015. In terms of occupational segregation, the Committee notes that the Strategy and the Action Plan highlight that employed women primarily work in the service sector (76 per cent), representing the majority of those employed in the field of education, healthcare and social protection, while the male workforce is primarily concentrated in the fields of construction, transport, agriculture, mining and the processing industry. There are also twice as many men than women in managerial and governing positions, and twice as many self-employed men than women in the 15 to 64 age group. The rate of informal employment of women is 23.5 per cent, compared to 20.9 per cent for men. The Strategy and the Action Plan also point to the existence of widespread discrimination in labour and employment, shown by the fact that more than half of complaints in this field submitted to the Commissioner for the Protection of Equality in 2014 concerned sex-based discrimination. Legal provisions regarding the protection of pregnant women and new mothers were frequently not respected, and women were rejected in employment competitions more frequently than men with the justification that certain jobs were not for members of their sex (71 per cent). The Committee also notes the Government’s indication that under the Serbian National Employment Action Plan, 58,417 women benefited in 2014 from active employment measures such as job fairs, training regarding job search methods and labour markets, and functional primary education. The Government also indicates that less employable women and women from particularly vulnerable groups were given priority in accessing these measures although certain interventions were dominated by male participants. The Committee welcomes the adoption of the National Gender Equality Strategy 2016–20 and the Action Plan 2016–18 and requests the Government to provide information on measures taken including by the Coordination Body on Gender Equality, to implement the Strategy and the Plan, including measures: to increase the access of women to formal employment; to address occupational segregation between women and men including in recruitment and promotion; to address the stereotypes and assumptions regarding women’s aspirations and capabilities as well as regarding their suitability for certain jobs; to promote equal sharing between women and men of family responsibilities; and to increase compliance regarding legal provisions regarding maternity protection. The Committee welcomes the statistical information provided by the Government, and requests it to continue to provide such information, disaggregated by sex, indicating the results of the measures taken above.

Equality of opportunity and treatment, irrespective of race, colour or national extraction. Members of the Roma community. The Committee notes the Government’s indication that the National Employment Strategy for 2011–20 recognizes the Roma as a particularly vulnerable group in the labour market who are given priority to partake in active employment policy measures administered by the National Employment Service, such as allocations of subsidies for self-employment or for employers hiring persons of Roma nationality, provision of job market information and job counselling. It notes that as a result, 1,592 Roma became employed in 2014. The Committee further notes that a process of developing new strategies for improving the status of Roma in Serbia had begun in 2015, and that a special expert group had been formed to develop activities for primary areas of activity including education and employment. Regarding measures to address the existence of de facto public school segregation of Roma children, the Committee notes that the Government’s report does not provide information in this regard. However, it notes from the Government’s report to the Committee on the Elimination of Racial Discrimination (CERD) that the National Education Strategy defines the education of national minorities as an integral part of the national education system and that a series of laws has been adopted in the area of education to provide protection of children from discrimination, violence, religious intolerance and negative stereotypes: The Law on Amendments to the Law on Fundamentals of the Education System, the Law on Preschool Education, the Law on Primary Education, the Law on Secondary Education and the Law on Education of Adults (CERD/C/SRB/2-5, 23 August 2016, paragraph 125). The Committee asks the Government to continue to provide specific information on measures taken and results achieved to promote equal opportunities of the Roma to access employment and occupation, including the results of the expert group meeting as well as further vocational training activities. It also asks the Government to continue to provide information on the progress and the results achieved through these measures, in particular with respect to the employment of Roma women. Recalling the importance of education as a determining prerequisite for employment, the Committee asks the Government to provide information on the legislative and other measures taken, and the specific results achieved to promote equal access of Roma children to education and to retain them at school, including within the framework of the National Education Strategy and relevant legislation.

Other minorities. The Committee reiterates its request to the Government to provide information on any measures taken to promote equal access to employment and occupation of minorities other than the Roma and on measures taken for preventing and combating stereotypes and prejudice and promoting tolerance among all the components of the population.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that social partners are included in the process of preparing and defining objectives and priorities of employment policy at all levels of Government, and that they are included on an annual basis when the Ministry of Labour, Employment, Veteran and Social Issues develops national action plans for employment. The Government also indicates that social partners are informed about activities conducted by relevant government entities, and that the process of social dialogue has been strengthened through the formation of local employment councils consisting of representatives of trade unions and employers, and through the implementation of capacity-building projects. The Committee requests the Government to provide specific information on measures taken by the Government to seek the cooperation of the social partners with regard to promoting equality of opportunity and treatment in employment and occupation, including details of how social partners are included in the process of preparing and defining the objectives of employment policies and national action plans for employment. It also asks the Government to provide more information on the activities of local employment councils conducted towards strengthening cooperation with social partners. Finally, the Committee requests the Government to indicate how social partners are involved in efforts to promote the Law on the Prohibition of Discrimination and its implementation, as well as the Law on Gender Equality of 2009.

Article 3(d). Civil service. The Committee once again asks the Government to provide information on the representation of men and women, as well as members of the different minorities in the civil service. Please indicate any measures taken to actively promote a balanced representation of men and women, as well as of ethnic minorities in the civil service.

Practical application. The Committee refers to its previous comments requesting the Government to provide information on the measures taken to implement and promote awareness and understanding of the Act on the Prohibition of Discrimination 2009, as well as information on the number, nature and outcome of employment discrimination cases addressed by the competent authorities. The Committee notes the Government’s very general reply that awareness-raising measures were taken, such as lectures, roundtables, and written oral opinions. The Committee asks the Government to provide detailed information on the specific measures taken to implement the Act on the Prohibition of Discrimination of 2009, including any specific training and awareness-raising measures addressing workers and employers and their organizations, labour inspectors and judges, as well as the public at large. Please also provide information on the number, nature and outcome of employment discrimination cases addressed by the labour inspectorate and the Commissioner for the Protection of Equality, the judiciary remedies provided, and sanctions imposed.