Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Serbia

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2000)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2000)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the International Trade Union Confederation (ITUC) on the application of these Conventions, received on 1 September 2019, and of the Confederation of Autonomous Trade Unions of Serbia (CATUS), communicated with the Government’s report on the application of these Conventions.

Article 3(1)(a) and (b) and (2) of Convention No. 81 and Article 6(1)(a) and (b) and (3) of Convention No. 129. Action against undeclared employment and enforcement of the legislation relating to the protection of workers. The Committee notes the information in the report of the Government regarding the activities undertaken in 2018 by labour inspectors in respect of undeclared work and unregistered business entities. In particular, the Committee notes the Government’s indication that 13,869 out of 17,026 persons identified to be working in irregular situations (82 per cent) had a formal employment relationship established following the measures taken by inspectors, and that 620 business entities out of 939 unregistered business entities registered with the Serbian Business Registers Agency after the inspections. The Committee also notes that, following the administrative reforms of the labour inspectorate, the Government refers to the participation of labour inspection in the Working Group for Combating Informal Employment, which includes representatives from diverse Ministries and organizes coordinated and joint inspections, involving mutual cooperation and exchange of information. The Government indicates that, between January and December 2018, the labour inspectorate and other authorities involved in the working group engaged in 945 joint inspections, on the occasion of which labour inspectors identified 364 persons in irregular work situations as well as ten unregistered business entities. Recalling that the primary function of labour inspectors is to secure the legal provisions relating to conditions of work and the protection of workers while engaged in their work, the Committee requests the Government to provide further information on the manner in which joint inspections of the Working Group for Combating Informal Employment contribute to the fulfilment of labour inspectors’ primary functions, under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. The Committee further requests the Government to provide statistics on the number of instances where, following a joint inspection, a formal employment relationship was established for workers found to be working in irregular situations. In addition, the Committee requests that with respect to the 13,869 workers for whom a formal relationship was established, the Government provide information on the number of cases in which these workers have been granted their due rights, such as the payment of outstanding wages or social security benefits.

Articles 4, 7, 11 and 16 of Convention No. 81 and Articles 7, 9, 15 and 21 of Convention No. 129. Organization and effective functioning of the labour inspection services under the supervision and control of a central labour inspection authority. The Committee notes the information and organigrams provided by the Government on the structure of the labour inspectorate, in response to its previous request on the structure of labour inspection services following the administrative reform. The Committee also notes the Government’s indication that the Coordinating Commission, which, pursuant to section 12(1) of the Law on Inspection Oversight, shall ensure greater effectiveness of inspections and avoid overlaps and unnecessary reduplication of inspections, has formed 11 working groups, including the Working Group for Combating Informal Employment. The Government indicates that the labour inspectorate is the body in charge of this Working Group, and has to report monthly on its work to the Coordinating Commission. In addition, the Government and the 2018 annual report of the labour inspectorate refer to the establishment of a single information system for inspection, e-Inspector, which aims to ensure better coordination between different inspections, to improve planning and access to data, and to allow the better monitoring of cases, including by the Coordinating Commission. The Committee requests the Government to provide information on the manner in which the Coordinating Commission influences the organization of the activities of the labour inspectorate in practice, including the role and impact of the e-Inspector system in this respect. In addition, the Committee once again requests the Government to indicate any labour inspection functions that have been assigned to bodies of autonomous provinces and local self-government bodies.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between the labour inspection services and employers and workers (at the enterprise level and in the agricultural sector). The Committee notes that, in response to its previous request for information on collaboration with social partners in the inspection process, the Government refers to the organization and participation of the labour inspectorate in meetings with the social partners, in workshops on OSH organised by CATUS and the Trade Union Confederation ‘Nezavisnost’, and in joint inspections at the initiative of the social partners. In its observations, however, CATUS states that cases where labour inspectors invite trade union representatives to be present during inspections are rare, and that cooperation with social partners during inspections does not exist at present. The Committee requests the Government to provide its comments in respect of the observations by CATUS and to provide further information on the measures it is taking to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations.

Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Freedom of labour inspectors to enter at any hour of the day or night any workplace liable to inspection. The Committee previously noted that, pursuant to section 19(1) and (2) of the Law on Inspection Oversight, inspection of a legal entity shall be performed during working hours, except where there are reasons to act without delay, where the level of risk appraised is high or critical, or where urgent action is required to prevent or remove direct hazard to human life or health, the environment or plant or animal life. In this respect, the Committee had requested information on the meaning of the term “reasons to act without delay”. The Committee observes that the information provided by the Government, in response to that request, relates to the requirement to give previous notice to employers, but not to the timing of inspections outside of working hours. The Committee recalls that, in accordance with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee requests the Government to specify the circumstances in which, pursuant to section 19 of the Law on Inspection Oversight, labour inspectors provided with proper credentials are empowered to conduct inspections outside of working hours, and at any hour of the day or night, in accordance with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspectorate. In response to its previous comments on the system for notifying occupational accidents and diseases, the Committee notes that the Government reiterates information on difficulties of application in practice, including: failure of employers to report occupational accidents; non-systematic and inadequate reporting by employers of occupational diseases, due in part to the failure to recognize a connection between diseases and working conditions; different methodological approaches for recording, processing and evaluating the source data on workplace injuries; and lack of communication and exchange of information among institutions dealing with safety and health at work. The Committee therefore requests the Government to provide further detailed information on the measures taken or envisaged in order to address the difficulties identified with a view to strengthening the system for notifying occupational accidents and diseases.

Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129. Confidentiality of complaints. In response to the Committee’s previous comments, the Committee notes the Government’s indication that inspection oversight warrants pursuant to section 16 of the Law on Inspection Oversight do not indicate that inspections were initiated pursuant to a received complaint, and that labour inspectors do not reveal such fact, or the identity of the complainant, during inspection visits. CATUS nevertheless alleges that inspectors frequently invite the complainant to be present during inspections with the employer, and that their identity is revealed in this way. The Committee requests the Government to provide its comments in respect of these observations by CATUS. The Committee also requests the Government to provide further information on measures taken to ensure that, in practice, labour inspectors give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of a complaint.

Articles 17 and 18 of Convention No. 81 and Articles 22, 23 and 24 of Convention No. 129. Adequate penalties imposed and effectively enforced. The Committee previously noted that sections 27(1) and (5) and 42(3) of the Law on Inspection Oversight require inspectors first to provide advice and the possibility to remediate non-compliance before they may initiate enforcement measures, with the exception only in urgent cases related to OSH. The Committee requested the Government to ensure that any exceptions to labour inspectors’ discretionary powers to initiate prompt legal proceedings without previous warning do not undermine the effectiveness of labour inspection. In this respect, the Committee notes the statistics provided by the Government regarding the misdemeanour proceedings initiated and warnings given by labour inspectors in 2018. The Committee notes that, according to the Government, labour inspectors filed a total of 6,538 motions for misdemeanour proceedings in 2018, which is 80 per cent higher than in the same period in 2017. In comparison, the 2018 annual report of the labour inspectorate indicates that labour inspectors issued 10,644 decisions ordering the remedy of non-compliance with labour law or with the law on OSH. While noting these statistics, the Committee requests the Government to indicate the measures taken to ensure that any exceptions to labour inspectors’ discretionary powers to initiate prompt legal proceedings without previous warning do not undermine the effectiveness of labour inspections, and in that respect to provide information on the proportion of the 6,538 misdemeanour motions that were filed following provision of prior advice and the possibility to remediate, as well as the average length of time between such provisions of advice and the filing of misdemeanour motions.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on the work of the labour inspection services. The Committee notes the 2018 annual report of the labour inspectorate communicated to the ILO. The Committee takes due note that the report contains detailed information on most of the subjects listed under Article 21 of Convention No. 81 and Article 27 of Convention No. 129, but observes that it is again missing statistics on occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129). In addition, the Committee observes that, while the Government’s report on the application of these Conventions contains the relevant statistics on workplaces liable to inspection (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129), this information is not reflected in the annual report of the labour inspectorate. The Committee therefore requests the Government to continue to publish and communicate the annual reports of the labour inspectorate to the ILO, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129. The Committee also requests the Government to take the necessary measures to ensure that it contains information on all the subjects listed under Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129) and statistics of occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129).

Issues specifically concerning labour inspection in agriculture

Articles 4 and 9(3) of Convention No. 129. Scope of labour inspection in agriculture and training. In response to its previous request for information on trainings for labour inspectors that are particularly relevant to the agricultural sector, the Committee notes the information provided by the Government on a training in April 2019 relating to seasonal jobs. The Committee requests the Government to provide further information on trainings provided to labour inspectors that are specific to the agricultural sector, including the frequency, the content, and the number of participants in such trainings.

[The Government is asked to reply in full to the present comments in 2020.]