Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Serbia (Ratification: 2000)

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards) and 121 (employment injury benefits) together.

Part VIII (Maternity benefit). Article 65 of Convention No. 102 and Articles 7(1), 10(1), 11, 19–20 of Convention No. 121. The Committee takes due note of the information provided by the Government in reply to its previous requests concerning maternity benefits, level of survivors’ benefit, commuting accidents, the provision of eyeglasses, the provision of medical care and allied benefits free of charge, and replacement rate of disability benefit.

Article 22 in conjunction with Articles 65 or 66 of Convention No. 102. Replacement rate of unemployment benefit. The Committee once again requests the Government to calculate replacement rate of unemployment benefit in accordance with Titles I–III, V of the report form for the Convention.

Article 8(a) of Convention No. 121. List of occupational diseases. Further to its previous request to make a detailed comparison of the national list of occupational diseases with Schedule I to the Convention and indicate measures taken or under consideration to ensure that all diseases listed in Schedule I to the Convention be regarded as occupational diseases, the Committee notes the Government’s indication that the Ministry of Labour, Employment, Veteran and Social Affairs has launched an initiative with the competent institutions to analyse the national list of occupational diseases on this matter. The Committee requests the Government to provide information on the outcome of this initiative and hopes that the Government will take the necessary measures to ensure that the national list of occupational diseases is in line with the requirements of the Convention.

Article 14. Cash benefits for permanent partial incapacity. In its previous comments, the Committee requested the Government to show that monetary compensation for physical disability in case of partial incapacity represented a suitable proportion of the disability pension in case of total incapacity. It further requested the Government to state whether any compensatory payments were provided in case of physical disability less than 30 per cent. In its reply, the Government indicates that the amount of monetary compensation for physical disability of 90 per cent is equal to 6,039.24 Serbian dinars (RSD), whereas in case of physical disability of 30 per cent is equal to RSD2,013.08. The Committee further notes that disability pension in case of total incapacity amounts for RSD55,662.50, that is 64.4 per cent of the reference wage. In this regard, the Committee observes that monetary compensation for physical disability of 90 per cent represents 10.8 per cent of the reference wage and 3.6 per cent of the reference wage in case of physical disability of 30 per cent. Recalling that benefits provided in case of partial loss of earning capacity or corresponding loss of faculty shall represent a suitable proportion of benefits provided in case of total loss of earning capacity or corresponding loss of faculty, the Committee requests the Government to ensure the payment of monetary compensation for physical disability at the level required by the Convention. The Committee further notes the Government’s indication that the compulsory mandatory pension and disability insurance does not provide for any compensation in the event of physical disability caused by a work-related injury or occupational disease that is less than 30 per cent. The Committee recalls that in accordance with Article 14(4) of the Convention, persons who come to lose part of their earning capacity or faculty which is not considered substantial but is in excess of a prescribed degree following an employment injury shall receive a periodical payment or a lump sum. The Committee therefore requests the Government to consider ensuring the provision of a periodical payment or a lump sum in case of permanent partial disability less than 30 per cent but in excess of a prescribed degree and to keep it informed of measures taken or envisaged in this regard.

Article 21. Review of the rate of cash benefits. With respect to its previous request to supply statistical data on the adjustment of rates of cash benefits, the Committee takes note of the information provided by the Government on the indexation of pensions. The Committee requests the Government to supply statistical data on the changes in cost-of-living index and index of earnings as well as changes in pensions according to the report form for the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

With reference to its previous direct request, the Committee notes that the information provided by the Government does not reply to most of the issues raised previously and expresses the hope that the Government’s next report will supply the necessary information with respect to the following issues.

Article 8(a) of the Convention. List of occupational diseases. The Committee notes that section 24 of the Law on Pension and Disability Insurance does not contain a general definition of occupational diseases but, on the contrary, refers only to specific occupational diseases, which shall be determined by the minister responsible for the pension and disability insurance, together with working posts in which the incidence of specific diseases is identified, and the terms and conditions under which they are considered occupational diseases. The Committee understands therefore that the Republic of Serbia avails itself of the option offered by Article 8(a) of the Convention, according to which a member shall prescribe a list of occupational diseases covering at least those enumerated in Schedule I of the Convention, as amended in 1980. It further notes in this respect that the list of occupational diseases given in the Government’s report, with reference to the rulebook on determining occupational diseases, apparently does not include a number of such diseases listed in Schedule I. In this situation, the Committee would like the Government to make a detailed comparison of the national list of occupational diseases with Schedule I of the Convention, as regards to both the names of the diseases and the determination of the duties and working posts on which the disease appears, and to indicate in its next report measures taken or under consideration to ensure that all diseases listed in Schedule I be regarded as occupational diseases.

Article 10(1). Medical care and allied benefits. The Committee would like the Government to specify in its next report the provisions of the Act or subsidiary regulations and rules of the Health Insurance Fund or the Fund for Pension and Disability Insurance of Employees, which ensure the provision of eyeglasses in the case of a morbid condition caused by employment injury.

Article 11. Free of charge medical care and allied benefits. Please indicate whether medical care and allied benefits in respect of a morbid condition are made available free of charge to persons who have sustained employment injuries and, if not, whether rules on the subject are designed so as to avoid hardship.

Article 14. Cash benefits for permanent partial incapacity. The Committee notes that, under Article 14(1) of the Convention, section 37 of the Law on Pension and Disability Insurance sets the minimum degree of incapacity giving the right to cash compensation for body damage at 30 per cent and that, in line with Article 14(2), section 21 of the Law provides for a disability pension for a total loss of working ability. It further notes that the Government’s report explains the rules for calculating the level of the disability pension for total incapacity but contains no information on the calculation of cash compensation for body damage leading to incapacity ranging from 30 to 100 per cent. The Committee would like the Government to show in its next report that, in accordance with Article 14(3), cash compensation for body damage in case of partial incapacity represents a suitable proportion of the disability pension in case of total incapacity. It would also like the Government to state whether any compensatory payments are provided for body damage of less than 30 per cent with a view to extending protection to cases of partial incapacity which are not substantial, and to ensure that people suffering such incapacity avoid hardship, in accordance with Article 14(4) and (5) of the Convention.

Article 19 or Article 20. Calculation of the level of cash benefits. With reference to its previous comments, the Committee notes that the report, while explaining the rules for the calculation of the level of the disability pension, does not contain the statistical data necessary to establish the replacement rate attained by the disability pension in relation to the reference wage of the skilled manual male employee or of the ordinary adult male labourer determined respectively under Article 19 or 20 of the Convention. The Committee wishes to point out in this respect that, to the extent that the replacement level of the disability pension is calculated on the basis of the previous earnings of the beneficiary, the Government may have recourse to Article 19 of the Convention, which requires the disability pension paid to the standard beneficiary (man with wife and two children) to attain at least 60 per cent of the wage of the skilled manual male employee selected by the Government according to the methodology explained in Article 19(6) and (7). In this case the Government should show, on the basis of detailed statistics, that the maximum amount of the disability pension prescribed by section 78 of the Law on Pension and Disability Insurance and the maximum limit for the earnings taken into account for the calculation of the pension (see sections 63 and 182 of the Law) comply with the requirements of Article 19(3). On the other hand, taking into account that section 76 of the Law guarantees the right to the minimum pension, the Government may also choose to apply Article 20 of the Convention, which requires such minimum pension to attain at least 60 per cent of the wage of an ordinary adult male labourer selected according to the methodology explained in Article 20(4) and (5). The Committee, therefore, once again asks the Government to specify in its next report to which of these provisions of the Convention – Article 19 or 20 – it would like to have recourse for the calculation of the replacement level of the disability pension. In making such a calculation, it is also requested to take into account any family allowance received by the standard beneficiary in addition to his wage and benefit.

Article 21. Review of the rate of cash benefits. The Committee notes the information provided in the Government’s report with respect to the indexation of pensions during the period 2004–05. The Government also indicates that since 2006 new rules apply to the indexation of pensions placing greater emphasis on the evolution of the cost of living in comparison with the evolution of the level of earnings (section 73 of the Pension and Disability Insurance Law, as amended in 2005). Noting that the Government does not provide the figures requested in the report form with respect to the period 2006–11, the Committee asks the Government to supply the specific information requested in this respect.

Comments of the Association of Independent Trade Unions of Serbia. The Association of Independent Trade Unions of Serbia indicates that the latest amendments to the Health Insurance Act have been passed although they did not undergo mandatory examination by the Economic and Social Council. These amendments had the effect of excluding commuting accidents from the scope of employment injuries. The Committee requests the Government to clarify the situation, indicating how the national legislation gives effect to the provisions of Article 7(1) of the Convention.

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

With reference to its previous direct request, the Committee notes the information provided in the Government’s report and particularly that concerning the application of Articles 17, 21 and 26 of the Convention. It would be glad if the next report of the Government would contain additional information on the following points.

Article 8(a) of the Convention. The Committee notes that section 24 of the Law on Pension and Disability Insurance does not contain a general definition of occupational diseases but, on the contrary, refers only to specific occupational diseases, which shall be determined by the minister responsible for the pension and disability insurance, together with working posts in which the incidence of specific diseases is identified, and the terms and conditions under which they are considered occupational diseases. The Committee understands therefore that the Republic of Serbia avails itself of the option offered by Article 8(a) of the Convention, according to which a Member shall prescribe a list of occupational diseases covering at least those enumerated in Schedule I of the Convention, as amended in 1980. It further notes in this respect that the list of occupational diseases given in the Government’s report, with reference to the Rulebook on determining occupational diseases, apparently does not include a number of such diseases listed in Schedule I. In this situation, the Committee would like the Government to make a detailed comparison of the national list of occupational diseases with Schedule I of the Convention, as regards to both the names of the diseases and the determination of the duties and working posts on which the disease appears, and to indicate in its next report measures taken or under consideration to ensure that all diseases listed in Schedule I be regarded as occupational diseases.

Article 10, paragraph 1. The Committee takes note of the broad definition of the types of medical care provided under section 18 of the Health Insurance Act. It would like the Government to specify in its next report the provisions of the Act or subsidiary regulations and rules of the Republic Health Insurance Fund or the Republic Fund for Pension and Disability Insurance of Employees, which ensure the provision of the following specific types of medical care guaranteed by the Convention in the case of a morbid condition caused by employment injury:

–           domiciliary visiting care by the general practitioner;

–           nursing care at home;

–           eyeglasses;

–           the care furnished by members of such other professions as may at any time be legally recognized as allied to the medical profession.

Article 11. Please indicate whether medical care and allied benefits in respect of a morbid condition are made available free of charge to persons who have sustained employment injuries and, if not, whether rules on the subject are designed so as to avoid hardship.

Article 14. The Committee notes that, under paragraph 1 of Article 14 of the Convention, section 37 of the Law on Pension and Disability Insurance sets the minimum degree of incapacity giving the right to cash compensation for body damage at 30 per cent and that, in line with paragraph 2 of Article 14, section 21 of the Law provides for a disability pension for a total loss of working ability. It further notes that the Government’s report explains the rules for calculating the level of the disability pension for total incapacity but contains no information on the calculation of cash compensation for body damage leading to incapacity ranging from 30 to 100 per cent. The Committee would like the Government to show in its next report that, in accordance with paragraph 3 of Article 14, cash compensation for body damage in case of partial incapacity represents a suitable proportion of the disability pension in case of total incapacity. It would also like the Government to state whether any compensatory payments are provided for body damage of less than 30 per cent with a view to extending protection to cases of partial incapacity which is not substantial, and to ensure that people suffering such incapacity avoid hardship, in accordance with paragraphs 4 and 5 of Article 14 of the Convention.

Article 19 or Article 20. Calculation of the level of cash benefits. With reference to its previous comments, the Committee notes that the report, while explaining the rules for the calculation of the level of the disability pension, does not contain the statistical data necessary to establish the replacement rate attained by the disability pension in relation to the reference wage of the skilled manual male employee or of the ordinary adult male labourer determined respectively under Article 19 or 20 of the Convention. The Committee wishes to point out in this respect that, to the extent that the replacement level of the disability pension is calculated on the basis of the previous earnings of the beneficiary, the Government may have recourse to Article 19 of the Convention, which requires the disability pension paid to the standard beneficiary (man with wife and two children) to attain at least 60 per cent of the wage of the skilled manual male employee selected by the Government according to the methodology explained in paragraphs 6 and 7 of Article 19. In this case the Government should show, on the basis of detailed statistics, that the maximum amount of the disability pension prescribed by section 78 of the Law on Pension and Disability Insurance and the maximum limit for the earnings taken into account for the calculation of the pension (see sections 63 and 182 of the Law) comply with the requirements of paragraph 3 of Article 19. On the other hand, taking into account that section 76 of the Law guarantees the right to the minimum pension, the Government may also choose to apply Article 20 of the Convention, which requires such minimum pension to attain at least 60 per cent of the wage of an ordinary adult male labourer selected according to the methodology explained in paragraphs 4 and 5 of this Article. The Committee, therefore, once again asks the Government to specify in its next report to which of these provisions of the Convention – Article 19 or 20 – it would like to have recourse for the calculation of the replacement level of the disability pension. In making such calculation, it is also requested to take into account any family allowance received by the standard beneficiary in addition to his wage and benefit.

Article 26, paragraph 1(c). The Committee notes the information concerning preventive measures and rehabilitation services provided to disabled persons. It would like the Government to indicate legislative provisions and practical measures taken to further the placement of disabled persons in the most suitable alternative employment or gainful activity and to provide a copy of the Law on Professional Rehabilitation and Employment of Persons with Disability.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the reports on the application of the Convention submitted by the Governments of the Republic of Serbia and the Republic of Montenegro.

Republic of Serbia 

The Committee notes that the report from the Government of Serbia contains extensive information on the application of the Articles of the Convention, but does not answer many of the specific questions contained in the report form on the Convention adopted by the Governing Body of the ILO. Neither does it contain the statistical information required to assess the scope of coverage and the level of the benefits provided under the national legislation. The Committee finds in particular that it has insufficient information to assess the application of Articles 8, 10, 11, 14 (paragraphs 4 and 5), 15, 17, 21 and 26 of the Convention. As regards the calculation of the replacement level of the benefits, the Government is asked to indicate whether maximum and minimum amounts of cash benefits or of the insured earnings are fixed in its legislation and whether it wishes to have recourse to Article 19 or 20 of the Convention. Please specify also the amount of any family allowance received by the standard beneficiary in addition to his wage or benefit. Finally, the Committee wishes to refer to the direct request concerning the application of Convention No. 102, which draws the Government’s attention to the possibility of having recourse to the technical assistance and training offered by the ILO.

Republic of Montenegro 

The Committee notes that the report from the Government of Montenegro does not contain any information on the application of Articles 10, 11, 13, 15, 16, 19, 20, 21 and 26 of the Convention. The information concerning the application of other Articles is often insufficient due to the fact that the report does not answer many of the specific questions contained in the report form on the Convention adopted by the Governing Body of the ILO. In particular, there is no statistical information required to assess the scope of coverage and the level of the benefits provided under the national legislation. The national legislation cited in the report as giving effect to the provisions of the Convention, that is the Constitution of the Republic of Montenegro and the Act on Pension and Invalidity Insurance of 2003, is not available to the Committee, which would also like to know whether the national legislation contains a list of occupational diseases giving effect to Article 8 of the Convention, as well as provisions ensuring the types of medical care and rehabilitation services specified in Articles 10 and 26, respectively. The Committee hopes that the Government’s next report will include all the above elements of information necessary to enable the Committee to form a clear picture of the legal framework implementing the Convention in the Republic of Montenegro. Meanwhile, the Committee wishes to refer to the direct request concerning the application of Convention No. 102, which draws the Government’s attention to the possibility of having recourse to the technical assistance and training offered by the ILO.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the communication dated 19 April 2001 by which the Federal Republic of Yugoslavia confirmed its acceptance of the obligations deriving from the Convention which had been ratified by the former Federative Republic of Yugoslavia. The Committee requests the Government to provide a detailed report for examination at its next session on the manner in which effect is given, in both law and practice, to each of the provisions of the Convention, and also to provide all the statistics requested in the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with interest the communication dated 19 April 2001 by which the Federal Republic of Yugoslavia confirmed its acceptance of the obligations deriving from the Convention which had been ratified by the former Federative Republic of Yugoslavia. The Committee requests the Government to provide a detailed report for examination at its next session on the manner in which effect is given, in both law and practice, to each of the provisions of the Convention, and also to provide all the statistics requested in the report form adopted by the Governing Body.