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Comments adopted by the CEACR: Serbia

Adopted by the CEACR in 2021

C097 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the entering into force on 1 August 2009 of the Law on Foreigners 2008 which regulates the entry, movement and stay of foreigners in the territory, and the Law on Employment and Unemployment Insurance that regulates, inter alia, the employment of nationals abroad (sections 95 to 100). The Committee further notes from the Government’s report that the draft Law on Employment of Foreign Citizens, which will replace the Law on Conditions for Employment of Foreign Citizens, as last amended by 2005, was submitted to Parliament in 2012 and has not been adopted yet. The Committee notes the Migration Management Strategy adopted in July 2009 which defines the elements of the migration policy and establishes the institutional framework for its implementation. The Strategy aims at establishing and implementing mechanisms for a comprehensive and consistent monitoring of migration flows; harmonizing migration management with EU standards; and protecting the rights of migrants and creating the conditions for their social inclusion. The Committee requests the Government to continue to provide information on any legislative developments regarding labour emigration and immigration, including on the adoption and the content of the Law on Employment of Foreign Citizens. The Committee also asks the Government to provide information on the measures taken to implement the Migration Management Strategy of 2009, including with respect to the protection of migrant workers’ rights and, in particular, women migrant workers.
Migration flows and bilateral or special agreements. The Committee notes from the Government’s report that the number of work permits issued to foreigners who have temporary residence from 2009 to 2011 was stable, ranging from 2,490 to 2,573, and the permits were mainly issued to nationals from China (catering and trade), the Russian Federation (oil industry and banking), Bosnia and Herzegovina and the former Yugoslav Republic of Macedonia (construction, mining and agriculture), Croatia (offices and stores), Greece (banking and trade), Romania (agriculture), and Germany (industry and banking). With respect to emigration, the Committee understands from the data provided by the Government that in 2011, 511 “agency workers” were employed abroad mainly in the United States. The Committee also notes that, in accordance with section 100 of the Law on Employment and Unemployment Insurance, the National Employment Service (NES) and the employment agencies shall submit to the Ministry notifications on individuals to be employed abroad, including their number, prior to their departure. The Committee requests the Government to continue to supply statistical information, disaggregated by sex, sector of employment and type of residence permit (temporary or permanent), on the number of workers from Serbia employed abroad as well as on the number of foreign workers employed in Serbia.
Articles 2 and 3. Free information services for migrant workers and misleading propaganda. The Committee notes the Government’s indication that seven Migrant Service Centres have been established in various regions within the framework of the NES and they are responsible for providing information, advice and guidance to migrants, potential migrants and returnees under the readmission agreement, and thus reduce the risk of irregular migration. The Committee further notes that the NES and the 56 employment agencies currently conducting activities in Serbia provide information on employment opportunities and working and living conditions abroad as well as rights and obligations at work and rights upon return to work in the country. Noting the Government’s indication that the activities of the NES and the employment agencies are supervised by the Ministry of Economy and Regional Development, the Committee requests the Government to provide information on the measures taken to monitor the information services provided by these bodies as well as the measures taken, including penalties, against misleading propaganda relating to emigration and immigration. Please also provide information on any measures taken or envisaged to combat trafficking in persons, including in cooperation with the governments of other member States. Please indicate whether there exist specific information services targeting women migrant workers and their families.
Article 6. Equality of treatment. The Committee notes that the Government refers to the Law on Employment and Unemployment Insurance that provides for equal treatment of persons employed abroad (section 97). It also refers to the Labour Law that applies to foreign workers “unless otherwise specified” (section 2(3)) and prohibits direct or indirect discrimination on the basis of sex, origin, language, race, colour, age, pregnancy, health, disability, national origin, religion, marital status, family responsibilities, sexual orientation, political or other opinions, social origin, property, membership of a political organization or a trade union, or any other personal characteristics (section 18). The Committee requests the Government to specify any exceptions under section 2(3) of the Labour Law which would authorize different treatment of migrant workers with respect to the matters enumerated in Article 6(1)(a)–(d). Furthermore, noting that the list of prohibited grounds of discrimination includes “national origin” and refers to “any other personal characteristic”, the Committee requests the Government to provide full information on the measures taken to ensure that in practice no less favourable treatment is being applied to migrant workers lawfully residing in the country, including those employed with a “work permit for employment” or “work permit for special cases of employment”, than that which applies to nationals with respect to terms and conditions of work, including remuneration, membership of trade unions, accommodation, as well as concerning social security, taxes and access to legal proceedings, in accordance with Article 6(1)(a) to (d) of the Convention. Please provide information on any cases of unequal treatment of migrant workers brought to the attention of labour inspectors or any other competent authorities or detected by them, including on the sanctions imposed and the remedies provided.
Article 8. Maintenance of residence in the event of incapacity for work. The Committee recalls 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 General Survey on migrant workers, 1999, paragraph 608). The Committee notes that the Government’s report contains no information in reply to its previous comments in this respect and therefore it remains unclear whether the provisions of Article 8 of the Convention are applied. The Committee asks the Government to indicate the legal provisions regulating the situation of migrant workers and their family members admitted to Serbia on a permanent basis when the migrants are unable to follow their occupation by reason of illness contracted or injury sustained subsequent to entry, and to specify the measures taken to ensure that the right of residency of permanent migrants is effectively maintained in the event of incapacity for work.
Parts III to V of the report form. Practical application and enforcement. The Committee refers to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

C156 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 3 of the Convention. National policy. The Committee previously requested information on the practical application of the Law on Gender Equality of 2009 with respect to promoting an equitable sharing of family responsibilities between men and women. The Committee notes that, in its report, the Government indicates that the principal legislative measures for the protection of workers with family responsibilities, in addition to the Law on Gender Equality (Law No. 104/09), are set forth in the Rulebook on the Content and Manner of Submission of the Plan of Measures for Elimination or Mitigation of Unequal Gender Representation and the Annual Report on its Implementation (Law No. 89/10). The Government adds that a gender equality index was developed in February 2016 and gender-responsive budgeting introduced by the Budget System Law in December 2015. In addition, within the context of a new Strategy for Gender Equality 2016–20 and its Action Plan for the period 2016–18, the Government plans to adopt measures enabling equal participation of parents in family responsibilities (objective 2.1). Noting the adoption of a new Action Plan for Achieving Gender Equality (2013–17), the Committee invites the Government to provide information on the practical measures taken to implement the Plan, in particular to enable men and women with family responsibilities to work, or for those who wish to work, to exercise their right to do so without conflict between their work and family responsibilities, and the results achieved.
Article 4. Leave entitlements. Recalling the importance of gathering information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention, the Committee encourages the Government to take the necessary steps to compile statistics, disaggregated by sex, on the extent to which employees with family responsibilities make use of the leave entitlements and reduced working hours, including under sections 77 and 91–100 of the Labour Code.
Maternity leave. The Committee recalls that the father of a child is entitled to “maternity” leave (three months after childbirth) under sections 94(3) and 94a(1) and (2) of the Labour Code only if the mother dies, abandons a child, or is prevented from caring for the child due to other justified reasons, or if she is unemployed (section 94(5) and 94a(4)). It takes due note of the Government’s indication that the right to “maternity” leave is primarily provided to women with the aim of facilitating their physical recovery from childbirth and that, after the three months, pursuant to section 94(4) and (6), it is for the parents to decide who will use the remaining leave for nursing a child (nine months). The Committee asks the Government to provide statistics, disaggregated by sex, on the number of employees who make use of the entitlements relating to “maternity” leave, and the entitlements relating to leave for nursing a child, of the Labour Code.
Article 5. Childcare and family services and facilities. Noting that the Government’s report does not contain any information in reply to its previous comments concerning measures taken or envisaged to assist workers with family responsibilities with childcare and family services and facilities, the Committee once again asks the Government to provide information on: (i) the number and nature of community childcare and family services and facilities available to men and women workers with family responsibilities; and (ii) the number of workers with family responsibilities who avail themselves of childcare and family services, disaggregated by sex.
Article 6. Information and education. Noting that the Government’s report does not contain any information in reply to its previous comments, the Committee once again asks the Government to indicate the authorities and bodies responsible for the promotion of information and education on equality between men and women workers and workers with family responsibilities, and to provide specific information on the action taken to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities.
Article 7. Integration in the labour market. The Committee previously asked the Government to indicate the extent to which workers with family responsibilities benefit from the programmes for additional education and training or from any measures taken under the National Employment Strategy 2011–20 (No. 37/11). It had also asked the Government to provide statistics on the number of employees who have returned to work after taking “maternity” leave or leave for childcare. In its report, the Government indicates that, in the context of the National Employment Strategy and National Action Plan for Employment for 2015 (No. 101/14 and 54/15), women’s employment is promoted through equal opportunity policies and measures. According to the National Employment Service, the active employment policy measures in 2015 targeted 150,953 unemployed persons, of which 79,631 or 52.75 per cent were women, and 5,013 of them were involved in education and training programs. However, workers with family responsibilities were not beneficiaries of education and training programmes or any other active employment policies. With regard to statistics relating to employees who have returned to work after taking “maternity” leave or leave for childcare, the Government indicates that no data exist as the employer has no obligation to provide such information to the Ministry of Labour. Taking due note of the information provided by the Government, the Committee wishes to recall the importance of gathering statistical information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention. Consequently, the Committee encourages the Government to indicate the extent to which workers with family responsibilities, particularly women, benefit in practice from the programmes for additional education and training, or from any measures taken under the National Employment Strategy (2011–20). It also invites the Government to consider, jointly with the social partners, how it can gather statistical information on the number of employees who return to work after taking “maternity” leave or leave for childcare.
Article 9. Collective agreements. The Committee recalls that it had asked the Government to provide information on the practical application of the provisions in the special collective agreements (at the company level) aimed at assisting workers in reconciling their work and family responsibilities. The Government indicates in its report that, in accordance with the Law on Amendments to the Labour Law (Law No. 75/14), which entered into force on 29 July 2014, all collective agreements ceased to have effect on 29 January 2015. It also indicates that most of the new collective agreements regulate paid leave in specific situations, including childbirth, adoption of a child, serious illness of a close family member, or unpaid leave, including care for a sick family member. In addition, some collective agreements provide that an employed pregnant woman, an employed parent with a child under 3 years of age, or a self-supporting parent with a child not older than 7 years of age or with a child with a serious disability, may work overtime and/or at night only with their consent in writing. The Government also indicates that collective agreements concluded at the company level do not need to be registered with the Ministry of Labour, Employment, Veteran and Social Policy and, therefore, no data exist. The Committee asks the Government to provide samples of collective agreements, which contain equality provisions that could assist workers in reconciling their work and family responsibilities, as well as information on cases dealt with by the labour inspectorate and/or judiciary related to the practical application of those provisions.
Article 11. Cooperation with employers’ and workers’ organizations. Noting that the Government has not provided information on the specific measures taken, including by the Social-economic Council, to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, the Committee reiterates its request to the Government to provide such information. It also asks the Government to provide information on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures.

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Serbian Association of Employers (SAE) and the Confederation of Autonomous Trade Unions of Serbia (CATUS) communicated with the Government’s report.
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that in 2015, 15 criminal charges were filed under section 388 of the Criminal Code on human trafficking, involving 27 offenders and 32 victims. The Committee further noted that from 2012 to 2016, 165 persons were identified as victims of human trafficking, including for the purposes of sexual and labour exploitation. The Committee noted that support provided to victims of human trafficking included legal, financial and in-kind assistance, psychological services and support for integration into the community.
The Committee notes the Government’s information in its report that under section 388 of the Criminal Code on human trafficking, in 2017, there were 18 reports received for investigation, which led to 14 convictions with prison sentences; while in 2018, there were 33 reports received for investigation, which resulted in 19 convictions, including 17 prison sentences. The Government further indicates that in 2019, support was provided in total to 195 victims of human trafficking. In particular, 48 victims of human trafficking were provided with accommodation and 79 witnesses or victims of human trafficking received legal representation by the Centre for Protection of Human Trafficking Victims in court proceedings. The Committee takes note of the opening of the Shelter for Human Trafficking Victims for women and girls over the age of 16 in 2019. The Government indicates that this Centre is in the process of concluding protocols of cooperation with the Centre for Social Work in Leskovac concerning the opening of a shelter for victims of human trafficking, as well as with the City of Novi Sad and the Department for Women’s Entrepreneurship of the Chamber of Commerce and the Industry of Serbia, regarding the provision of employment support for victims of human trafficking.
The Committee notes the indication by CATUS that, despite the measures taken by the Government to combat trafficking in persons, there remains a need to strengthen the capacity of social protection institutions and labour inspection. CATUS also indicates a small number of cases of human trafficking brought under section 388 of the Criminal Code. In this regard, it highlights the need for better training of law enforcement officers on differentiation of human trafficking offences from other similar criminal acts.
The Committee notes the 2017 report of the Group of Experts against trafficking in human beings concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Serbia (paragraph 190) indicating a decreased number of criminal investigations into cases of human trafficking and cases when human trafficking offences were qualified as other offences carrying lesser penalties.
While taking due note of the measures adopted by the Government, the Committee requests it to strengthen the capacities of the authorities responsible for enforcing the law to ensure that all persons who commit acts of trafficking in persons are investigated and prosecuted, and sufficiently effective and dissuasive penalties are imposed on them. It also requests the Government to continue providing information on the application of section 388 of the Criminal Code in practice, including the number of prosecutions, convictions and the specific penalties imposed. The Committee further requests the Government to continue providing information on the measures taken to ensure protection and assistance to the victims of human trafficking, including their access to financial compensation.
Article 2(2)(c). Prison labour for private enterprises. The Committee previously noted the Government’s indication that convicted persons shall willingly accept the work, regardless of whether the work is performed inside or outside the institution and that the work of convicted persons is only possible with their consent. The Committee further noted that according to section 8 of the Rulebook of work of a convicted persons (No. 145/2014), the expert team shall propose to the institution’s manager that convicted persons engage in work based on various factors, including the expressed wishes of the convicted persons. According to section 12 of the Rulebook, the recruitment of a convicted person to a third entity shall be performed based on a contract concluded between the institution and a third entity.
The Committee notes the copy of a contract provided by the Government on the recruitment of convicted persons to a third entity and the copies of the written consent of convicted persons to work outside the institution. The Committee notes that the contract includes the provisions on the conditions of work for convicted persons, such as hours of work, rest periods and remuneration. The Committee further notes section 102(a) of the Act on the execution of criminal sanctions (Nos 55/2014 and 35/2019), which sets out that the performance of work by convicted persons outside the institution is subject to approval by a judge, based on the submitted draft contract between the institution and a third entity which determines the conditions of work for convicted persons. The Committee notes the indications of CATUS that in practice, the remuneration received by a convicted person may be less than that foreseen for performance of the same work. The Committee notes that in accordance with section 105 of the Act on the execution of criminal sanctions, remuneration for work received by a convicted person shall be at least 20 per cent of the minimum wage. In paragraph 118 of its 2007 General Survey on the eradication of forced labour, the Committee noted the expressed view concerning the wage levels that “the labour provided by prisoners differs markedly from labour provided in the free market” since “there is frequently no continuity by the prisoner of the work; it may be interrupted by other prison programmes; the length of prison sentences vary considerably; and there may be increased costs in the private companies having to continuously train new prisoners when they commence the work”.

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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.
Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Free entry of labour inspectors to workplaces without prior notice. The Committee previously noted restrictions on the powers of inspectors in the Law on Inspection Oversight, with regard to: (i) the ability of labour inspectors to undertake inspection visits without previous notice (sections 16, 17, 49 and 60); and (ii) the scope of inspections (section 16). The Committee noted the 2019 conclusions of the Committee on the Application of Standards (CAS) on the application of Conventions Nos 81 and 129 by Serbia, which called on the Government to amend sections 16, 17, 49 and 60 of the Law on Inspection Oversight without delay; and undertake the legislative reforms in consultation with the social partners as well as to ensure effective collaboration between the labour inspectorate and the social partners. In this respect, the Committee noted the Government’s reference to consultations held by the Ministry of Labour, Employment, Veteran and Social Affairs with the Ministry of Public Administration and Local Self-Government, which issued the Law on Inspection Oversight, and a tripartite workshop planned for 2020.
The Committee welcomes the Government’s indication in its report that a tripartite workshop took place in February 2020 in Belgrade to follow-up on the conclusions of the CAS, attended by the representatives of the Office of the Prime Minister of Serbia, the Ministry of Labour, Employment, Veteran and Social Policy, the Ministry of Public Administration and Local Self-Government, the labour inspectorate, the Occupational Safety and Health Directorate, the Serbian Association of Employers (SAE), the Trade Union Confederation “Nezavisnost”, and the Confederation of Autonomous Trade Unions of Serbia (CATUS), and including the participation of the ILO. The Committee notes the Government’s reference to the conclusions of the workshop, and notes with interest that among the areas of consensus emerging from the workshop to address the conclusions of the CAS was agreement to establish a tripartite working group to determine the specific form the amendments should take, including whether to amend the Law on Inspection Oversight only, or to develop a specific labour inspection law. The Committee also notes that, according to the Government’s supplementary information under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Ministry of Labour, Employment, Veteran and Social Affairs informed the Social and Economic Council on 4 March 2020 of the results of the tripartite workshop on Conventions Nos 81 and 129. The Committee further notes that section 60(1) of the Law on Inspection Oversight, which provided the possibility of fines on labour inspectors in case of failure to notify the entity subject to oversight of an upcoming instance of inspection oversight in writing, has been amended and deleted. Taking due note of this information, the Committee requests the Government to continue to provide information on the measures taken to amend the Law on Inspection Oversight, including the establishment of the tripartite working group and the outcomes of its meetings, and on any other steps taken to ensure the appropriate follow-up to the conclusions of the CAS, in consultation with the social partners. The Committee also requests the Government to continue to provide information on the application in practice of Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, including statistics on the number and nature of inspections undertaken without previous notice (such as in response to occupational accidents, complaints or serious violations).
Articles 3(1)(a) and (b), 7, 10 and 16 of Convention No. 81 and Articles 6(1)(a) and (b), 9, 14 and 21 of Convention No. 129. Adequate number of qualified labour inspectors and inspection visits to ensure the effective application of the legal provisions. The Committee previously noted the decreasing number of labour inspectors since 2016, as well as trade unions’ concerns regarding the insufficient numbers of inspectors and their lack of appropriate conditions and means of work. In this respect, the Committee requested information on measures taken by the Government concerning the implementation of its proposed three-year action plan to hire civil servants carrying out inspections, and of the recommendations of a 2019 analysis of inspection services.
The Committee notes the Government’s indication that the labour inspectorate has 229 labour inspectors for 409,868 registered business entities as of May 2020 (a decrease from 240 labour inspectors for 416,815 registered business entities in 2019), and that the Government states that the labour inspectorate is competent to control those entities’ compliance with labour legislation. The Committee also notes the Government’s reference to the adoption, by Decision of the Government, of the Three-year Action Plan for the employment of civil servants carrying out inspections under the jurisdiction of national inspections, according to which it is necessary to employ 13 additional labour inspectors in 2020, and 27 more additional labour inspectors in 2021. The Government also indicates that there are currently 38 vacancies for labour inspector posts. The Committee further notes the Government’s indication that all labour inspectors are equipped with laptops and modems for mobile internet, but that the labour inspectorate is poorly equipped with scanners and printers, and needs IT equipment, including new desktop computers. The Committee requests the Government to provide further information on the implementation of the Three-year Action Plan for the employment of civil servants carrying out inspections under the jurisdiction of national inspections, indicating the specific number of additional labour inspectors hired. The Committee also requests the Government to take the necessary measures to ensure that the labour inspectorate offices are suitably equipped. In this respect, it requests the Government to indicate any measures taken or envisaged to improve the material means placed at the disposal of labour inspectors and to address the deficiencies in IT equipment identified.
The Committee is raising other matters in a request addressed directly to the Government.

C094 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS), received on 7 November 2018 and the observations of the Serbian Association of Employers (SAE), received on 31 August 2017. The Committee requests the Government to provide its comments in this respect.
Articles 1 and 2 of the Convention. Application in practice. Part V of the report form. The Committee welcomes the Government’s first report on the application of the Convention and the legislative texts attached. With respect to implementation of the Convention’s provisions, the Government indicates that a working group was established and charged with preparing a preliminary register (a so-called white and blacklist) of companies and other organisations operating in the fields of design, construction and supervision of transport infrastructure (Decision: 119-01-00309/2014-01 of 2 October 2014). The working group has also established and developed a Scorecard, updated quarterly, which ranks the companies and other organisations on the register, on the basis of, among other things, their compliance with legal and contractual obligations towards their employees. In its observations, the CATUS maintains that the Convention is not applied in practice, indicating that certain businesses in the road transport industry and their subcontractors do not pay wages to their employees regularly and do not pay social insurance contributions. The CATUS also alleges that the regulations applicable to the construction sector governing working hours and working conditions on construction sites are not respected. The Committee notes that, in 2017, the CATUS organised and carried out unannounced labour inspections throughout Serbia, particularly with regard to employment relations and occupational health and safety on construction sites. The CATUS carried out some 247 inspections on construction sites in the country which found that, of 1,134 workers on the sites inspected, 181 (16 percent) of them were working without employment contracts or social insurance. The Confederation adds that, on certain construction sites, unregistered workers fled the workplace when the inspectors arrived, out of fear that they would lose their jobs. The CATUS indicates that the labour inspectors estimated that more than 100 persons fled the inspected construction sites. They found that some of the employers concerned do not respect working hours and do not pay taxes or contributions for social insurance. In its observations, the SAE expresses the view that, while the Convention provides for the protection of workers and suppliers its provisions penalise local companies. The SAE submits that, if local companies respect the provisions of the Convention, they will not be able to compete with foreign bidders, considering that the latter are frequently in a more advantageous position in tender procedures, as they are not necessarily bound by the same standards as those that apply to local companies. The SAE submits that, as a consequence, foreign bidders often prevail in the bidding process. It alleges that these foreign bidders then subcontract local companies and often blackmail them. In addition, on occasions, the foreign companies fail to pay the wages due, but rather take the profits and leave. The SAE further observes that the Convention, if fully applied, has the potential to protect not only workers, but also local businesses and companies by excluding certain “favoured” bidders from the bidding process, where they do not respect the social rights of workers. The SAE indicates, however, that the Government is not yet planning to apply the provisions of the Convention. The Committee notes that the Government provides no precise information regarding the manner in which the main provisions of the Convention are given effect. In this regard, the Committee draws the Government’s attention to its 2008 General Survey on Labour clauses in public contracts, paragraphs 19 to 22, in which the Committee noted that Convention No. 94 covers three main subjects: (i) the types of public contracts that should contain labour clauses; (ii) the content of labour clauses and the means for determining such content at the national level; and (iii) the methods for enforcing the terms of labour clauses. First, with regard to the types of contracts to which labour clauses should apply, the Convention establishes that labour clauses should be inserted in contracts awarded by central public authorities not only for certain construction works, but also for the manufacture of goods, shipment of supplies and equipment, or the supply of services. It provides that such labour clauses should also apply to subcontractors. Second, as regards the content of labour clauses, the Convention provides that they should ensure to the workers concerned wages, hours of work and other conditions of labour which are not less favourable than those established by collective agreement, arbitration award, or national laws, for work of the same character in the trade or industry concerned in the district where the work is performed. Third, in respect of enforcement measures, the Convention requires the establishment and maintenance of an adequate system of inspection, as well as the imposition of specific remedies and sanctions to ensure compliance with the terms of labour clauses. As the Committee pointed out in paragraph 176 of its 2008 General Survey, the Convention has a very simple structure, with all of its provisions being articulated around and directly linked to the core requirement of Article 2(1): the insertion of labour clauses ensuring favourable wages and other working conditions to the workers concerned. The Committee requests that the Government take all necessary measures to ensure that: (i) the public procurement legislation provides for the insertion of the labour clauses required under Article 2 of the Convention in all public contracts, whether these are contracts for construction works, the manufacture of goods or supply of services; (ii) the terms of the labour clauses are determined after consultation with the employers’ and workers’ organizations concerned; and (iii) the labour clauses are brought to the knowledge of tenderers by including them in tender documents. The Committee requests that the Government keep the Office informed of measures taken or envisaged to give full effect to the provisions of the Convention. The Committee recalls that the Government can avail itself of the technical assistance of the ILO in this regard, should it wish to do so.

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Public Assembly Act. The Committee previously noted that section 15 of Public Assembly Act No. 51/92 provided for penalties of imprisonment for a maximum of 60 days on organizers of a public assembly who did not take the measures to maintain order in the assembly, who did not submit an application to the Ministry of Interior at least 48 hours prior to the scheduled beginning of the assembly, or who held an assembly regardless of a ban issued under the Act. The Committee noted that provisions requiring the granting of prior authorization for meetings and assemblies at the discretion of the authorities, where violations can be punished by sanctions of imprisonment involving compulsory labour, are not compatible with the Convention.
The Committee notes with satisfaction the adoption of Act No. 6 on public gatherings on 26 January 2016 which only provides for fines and not for penalties of imprisonment in sections 20–22 within applicable penal sanctions. The Committee also notes that Public Assembly Act No. 51/92 was repealed by the Decision of the Constitutional Court of the Republic of Serbia No. IUz-204/2013 on 23 October 2015.
The Committee is raising other matters in a request addressed directly to the Government.

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(a) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system, and for participating in strikes. The Committee previously noted that penalties of imprisonment (involving compulsory labour) may be imposed for the offence of causing panic or serious disruption of public peace and order, including acts committed through the media or at public gatherings (pursuant to section 343 of the Criminal Code) and for instigating national, racial and religious hatred and intolerance (section 317 of the Code). The Committee observed that these provisions of the Criminal Code provide for penal sanctions in circumstances defined in terms which are broad enough to give rise to questions about their application in practice. The Committee also noted that, pursuant to section 167 of the Criminal Code, persons organizing or leading an unlawful strike shall be punished with imprisonment of up to three years, if the strike endangers, inter alia, “property of considerable extent” or if grave consequences result therefrom. It therefore recalled that Article 1(a) and (d) of the Convention prohibits the imposition of a prison sentence, involving compulsory labour, as a punishment for holding or expressing political views or for peacefully participating in a strike. The Committee noted the Government’s indication that the work of a convicted person is voluntary and that according to section 8 of the Rulebook on work of a convicted person (No. 145/2014), the expert team shall propose to the manager of the institution convicted persons’ participation in work based on defined levels of risk, mental and physical health or professional qualification, expressed wishes of the convicted persons and the capacities of the institution. The Committee requested the Government to indicate whether, according to section 11 of the Rulebook, the work that may be performed by a convicted person for no more than two hours for the maintenance of hygiene and other current work in the institution is voluntary.
The Committee notes the Government’s indication in its report that convicted persons may be hired to work in or outside the institution only if they give their consent, confirmed in a written statement. The Government further indicates the absence of any consequences for a convicted person who does not want to perform work and that he/she may decline to work at any time, despite previously giving consent. The Committee notes the copies, provided by the Government, of the documents containing the written consent of convicted persons to perform work.

C129 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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.
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 previously noted the 945 joint inspections by the labour inspectorate and other authorities involved in the Working Group for Combating Informal Employment in 2018, during which labour inspectors identified 364 persons in irregular work situations. Concerning the Committee’s request for statistics in this regard, the Committee notes the Government’s statement in its report that, following measures taken by the labour inspectors, a formal employment relationship was established for 233 workers out of those 364 persons. The Committee also notes the Government’s indication that, in 2019, employers entered into employment relationships with 10,167 persons out of 12,938 persons found to be working informally (79 per cent), following measures undertaken by labour inspectors. The Committee notes the Government’s indication that the employers applied for compulsory social insurance for all of those 10,167 persons, and that these employees were paid wages and social insurance contributions starting from the date of their contracts. The Committee notes that, according to the information in the Annual Labour Inspection Report 2019, labour inspectors continue to undertake joint inspections in the context of this working group. Noting this information, the Committee requests the Government to continue to provide information on the number of instances where, following a joint inspection, a formal employment relationship was established for workers found to be in an irregular situation.
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 previously noted the establishment of a single information system for inspection, e Inspector, which aims to ensure better coordination between different inspectorates, improve planning and access to data, and allow a better monitoring of cases, including by the Coordinating Commission (a body established under the Law on Inspection Oversight to, among other things, avoid overlap and unnecessary duplication of inspections). In this respect, the Committee requested information on the influence of the Coordinating Commission on the organization of the activities of the labour inspectorate, and the impact of the e-Inspector system. The Committee notes the Government’s indication in this regard, that the e-Inspector system covers 42 inspectorates, in addition to labour inspection. The Committee also notes the information provided in the Annual Labour Inspection Report 2019 regarding the objectives and the improvements that the e-Inspector system can bring in terms of efficiency, effective planning, and data management by labour inspectors. Taking into account that the e-Inspector system covers 43 inspectorates, the Committee requests the Government to provide further information on any impact that the Coordinating Commission and the e-Inspector system have on the organization of the labour inspectorate’s activities in practice, such as its inspection priorities, the workplaces it chooses to inspect, and the number of inspection visits undertaken. Observing once again an absence of information in this respect, the Committee 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 previously noted the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) regarding the lack of cooperation with social partners during inspections, and indicating that cases where labour inspectors invite trade union representatives to be present during inspections are rare. In response to the Committee’s request for information on measures taken to promote collaboration, the Committee notes the Government’s reference to multiple inspections and joint inspections with other inspection services, such as the Tax Administration, undertaken in the period 2016–19 in coordination with trade unions, including CATUS. The Committee also notes the Government’s statement that the labour inspectorate is always open for cooperation with trade union representatives, for exchange of information and data, as well as for the presence of trade union representatives during inspections. The Committee requests the Government to continue to provide information on measures taken to promote collaboration between 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 requested information on 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. In this respect, the Committee notes the Government’s reference to section 64(1) of the Law on Safety and Health at Work, as amended, which stipulates that, for the purpose of inspection, the employer shall provide access to buildings and rooms to the labour inspector, at any time when there are employees working. The Committee also notes the Government’s indication that labour inspectors can conduct inspections outside working hours without previous notice and without an inspection warrant in the case of certain work injuries. In addition, the Committee notes that section 19(2) of the Law on Inspection Oversight, as amended, allows for inspections outside of working hours to verify an entity’s compliance with prescribed working hours. The Committee notes in this regard that the Annual Labour Inspection Report 2019 contains information regarding inspections conducted at night on compliance with both labour law and occupational safety and health law, including at construction sites. The Committee takes note of this information.
Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspectorate. The Committee previously noted the Government’s indications regarding various difficulties regarding the notification of occupational accidents and diseases to the labour inspectorate. In response to its request on measures to address those difficulties, the Committee notes the Government’s statement that the labour inspectorate established cooperation with the Ministry of Interior, Police Administration and Centre for Notifications and Whistleblowing, as concerns the notification of injuries at work to the labour inspectorate. The Government indicates that those bodies provide such notifications regularly. The Committee also observes that the Annual Labour Inspectorate Report 2019 continues to note difficulties in relation to the reporting of occupational accidents and diseases, including in relation to: (i) the non-compliance of employers with legal requirements to report occupational accidents and diseases; and (ii) different methodological approaches to the registration, processing and evaluation of the data on occupational injuries. In this respect, the Committee notes that, according to the Annual Labour Inspection Report 2019, no cases of occupational diseases were notified to the labour inspectorate in 2019. The Committee requests the Government to continue to provide information on any measures taken to mitigate the difficulties identified by the Government with a view to strengthening the system for notifying occupational accidents and diseases to the labour inspectorate. The Committee also requests the Government to provide further information on the impact of measures taken to mitigate those difficulties.
Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129. Confidentiality of complaints. The Committee previously noted that, according to CATUS, inspectors frequently invite complainants to be present during inspections with the employer, which reveals the complainant’s identity. In response to its request for information on measures to ensure the confidentiality of the source of complaints in practice, the Committee notes the Government’s indication that labour inspectors do not invite the person who lodged the complaint to be present during inspections, precisely so that their identity is not revealed. The Committee notes the Government’s statement that the person who lodged the complaint can be present during the inspection only at their own explicit request. The Committee takes note of this information.
Articles 17 and 18 of Convention No. 81 and Articles 22, 23 and 24 of Convention No. 129. Effective enforcement and adequate penalties. The Committee previously noted limitations to the powers of inspectors to initiate enforcement measures pursuant to sections 27(1) and (5) and 42(3) of the Law on Inspection Oversight. The Committee notes the Government’s statement, in response to the Committee’s previous request, that, where employers do not act upon preventive measures prescribed by labour inspectors within the set deadlines, labour inspectors issue a decision ordering such employer to remove the detected irregularities, and file a misdemeanour charge. The Committee notes that, according to the Government, labour inspectors filed 978 motions for misdemeanour proceedings in 2019, following preventive measures not respected before the set deadline. The Committee also notes that, according to the Annual Labour Inspection Report 2019, there were 6,807 motions for the institution of misdemeanour proceedings in 2019 (an increase from 6,538 motions for misdemeanour proceedings noted in 2018), including 5,306 in the area of employment and 1,444 in the field of occupational safety and health (OSH). The Committee requests the Government to continue to provide information on the proportion of misdemeanour motions that were filed following preventive measures prescribed by inspectors and the possibility to remediate, including information on the average time set for deadlines to undertake preventive measures, and the average time that, following deadlines not being met, misdemeanour motions are filed.
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 welcomes the Annual Labour Inspection Report 2019, transmitted to the ILO by the Government, and containing information on the subjects listed under Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee 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.

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 training specific to the agricultural sector, the Committee notes the information provided by the Government on training provided to labour inspectors in the context of the EU Twinning project “Support and improvement of occupational safety and health and labour inspection in the Republic of Serbia” (2019–21). In this regard, the Committee welcomes the Government’s indication that 17 labour inspectors participated in a four-day training of trainers, in January 2019, which included a topic on “Occupational health and safety measures and inspection oversight in agriculture”. The Committee also notes the Government’s indication that the organization of trainings for all labour inspectors is planned for the upcoming period. The Committee requests the Government to continue to provide information on any trainings provided to labour inspectors specific to the agricultural sector, including their frequency, content, and the number of participants. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

C144 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examines the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
The Committee notes the observations of the Serbian Association of Employers (SAE), the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Trade Union Confederation “Nezavisnost”, transmitted by the Government together with its 2019 report. It also notes the observations of the CATUS, transmitted by the Government together with the supplementary information in 2020.
Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes that, following the recommendations and the report of the Conference Committee at its 107th Session in June 2018, a tripartite workshop on the application of Convention No. 144 was held on 25 January 2019, with technical assistance from the ILO. The workshop was attended by representatives of trade unions and employers’ associations as well as the Secretary of the Social and Economic Council of the Republic of Serbia (SEC). It was agreed at the workshop that issues concerning the preparation of the delegation of Serbia for its participation at the International Labour Conference (ILC) would be addressed in person through tripartite consultations in the SEC to be held at least two times a year (before and after the ILC), in addition to issues dealt with through written communications . In this context, the Government indicates that the composition of the delegation and the platform for its participation will be discussed in person as a separate item to be placed on the agenda of the SEC. It adds that the consultations held during the SEC sessions will also address all other matters of relevance to cooperation with the ILO, including: replies to questionnaires; recommendations submitted to the competent authorities with regard to the submission of ILO Conventions and Recommendations in compliance with article 19 of the ILO Constitution; re-examination and review at regular intervals of unratified Conventions and Recommendations not yet given effect to examine the measures to be taken, if any; issues that have arisen from the obligation of submission of national reports in compliance with article 22 of the ILO Constitution; and those concerning the proposed abrogation of ratified Conventions. The Government also reports that, on 25 September 2018, the SEC organized an Information Day at the National Assembly where discussions focused on, inter alia, strengthening social dialogue and building the capacities of the SEC and the social partners. The Committee notes that the SAE affirms that, during 2018 and the first half of 2019, tripartite consultations were held within the SEC with regard to different economic and social topics, which were formalized by the adoption of conclusions. The SAE argues, however, that the said conclusions were not implemented by the responsible national institutions. In this regard, the SAE emphasizes that the SEC, is the highest national institution of social dialogue and a legal platform, whose initiatives must be respected by the competent institutions.
The Committee also notes the information provided by the Government in its supplementary report with regard to the content of the tripartite consultations held during the five sessions of the SEC that took place between 17 March and 14 September 2020, including the adoption of the 2020 Work Plan for the SEC. In its observations, the CATUS submits that social dialogue in Serbia is still in its infancy. It considers that there is a need to adopt further measures to strengthen social dialogue in the country, stressing that the SEC is the appropriate body to ensure a transparent process of social dialogue where the views of the social partners may be heard and consensus may be reached. The Committee requests the Government to continue its efforts to take effective and time-bound measures to ensure effective tripartite consultations in conformity with the provisions of the Convention, and to report on the nature, content and frequency of consultations in relation to the matters within the scope of Article 5(1)(a)–(e) of the Convention.
In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified in conformity with Article 4 of the Convention and Paragraphs 3 and 4 of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152).

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Serbian Association of Employers (SAE), the Confederation of Autonomous Trade Unions of Serbia (CATUS), and the Trade Union Confederation “Nezavisnost” communicated with the Government’s report.
Article 4(1) of the Convention. Determination of hazardous work. The Committee notes with interest the adoption of the Regulation on determining hazardous work for children No. 53/2017 which sets out the hazardous types of work prohibited to children under 18 years of age. Schedule 1 of the Regulation No. 53/2017 lists the types of physical and chemical hazards exposure which is prohibited to children (such as extreme temperature, tobacco smoke, noise and radiation levels, vibrations that may damage the children’s health). Schedule 2 of the Regulation No. 53/2017 establishes the prohibited types of work performed in circumstances hazardous to children which include, among others, work underground, in confined spaces, at dangerous height or underground, work with dangerous machinery, overtime work, and road work. In addition, Schedule 3 of the Regulation No. 53/2017 lists the types of hazardous activities prohibited to children (for example, work in mining, certain activities in fishing, hunting and gambling). The Committee notes the observations of the SAE indicating the participation of social partners’ representatives in the elaboration of the Regulation No. 53/2017. The Committee further notes the statistical data provided by the Government in its report on the number of children engaged in the types of hazardous work prohibited by the Regulation No. 53/2017. The Committee requests the Government to continue to provide information on the application in practice of Regulation No. 53/2017, including the violations reported and penalties imposed.
Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Trafficking and commercial sexual exploitation of children. Further to its previous comments, the Committee notes the adoption of the National Strategy for Prevention and Suppression of Human Trafficking, Especially Women and Children 2017–22 (the National Strategy 2017–22) and its Action Plan for the period of 2017–2018 on 4 August 2017. The Committee observes that the National Strategy 2017–22 and its Action Plan set out specific activities and tasks aimed at prevention, protection and social integration of child victims of trafficking and commercial sexual exploitation. The Committee requests the Government to provide information on the implementation of the National Strategy 2017-22 and its Action Plan and any results achieved in the elimination of trafficking and commercial sexual exploitation of children under the age of 18 years.
2. National Strategy for Preventing and Protecting Children from Violence. The Committee notes the adoption of the National Strategy for Preventing and Protecting Children from Violence 2020–23 No. 80 (the National Strategy 2020–23) and its Action Plan on 3 June 2020. The National Strategy 2020–23 provides for various measures and activities to prevent and protect children from any form of violence, including labour and sexual exploitation. The Government also indicates the establishment of the Inter-Ministerial Operational Team for the Protection of Children from Violence which shall ensure better coordination of different bodies responsible for the protection of children from violence. The Committee requests the Government to provide information on the implementation of the National Strategy 2020 – 23 and its Action Plan, in particular with regard to the impact on the elimination of the worst forms of child labour.
Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and direct assistance for the removal of children from these worst forms and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that a Centre for the Protection of Victims of Human Trafficking (the Centre) is responsible for identifying and assessing the status of the victims of human trafficking. In 2015, 24 child victims of trafficking were identified by the Centre, including 18 girls and six boys. The Centre also coordinates with competent partners to provide systematic support on health and education to child victims of trafficking. The Committee however noted the absence of specialized shelters for child victims of trafficking.
The Committee takes note of the information provided by the Government concerning a number of activities and initiatives (such as the holding of workshops and the conduct of trainings in the educational institutions) undertaken by the relevant ministries and the Centre to prevent violence and discrimination against children, including trafficking of children. The Government further indicates that the first shelter for women and girls over the age of 16 years who are victims of human trafficking was opened in 2019. The Committee notes from the data provided by the Republic Institute for Social Protection (RISP) that 74 child victims of trafficking were identified in 2017. According to the information provided in the Government’s report under the Forced Labour Convention, 1930 (No. 29), during 2018, accommodation was provided to 28 children, in cooperation with centres for social work (CSWs) and NGOs.
The Committee notes that the UN Committee on the Rights of the Child (CRC) in its 2017 concluding observations expressed concern at the absence of a system for providing specialized care, support and accommodation for child victims of trafficking (CRC/C/SRB/CO/2-3, para. 62). The Committee also notes that the document “Roadmap to Eliminate Child Labour, including its Worst Forms, in the Republic of Serbia: 2018–2022” (Roadmap) provides for activities and measures aimed at the enhancement of the system of social protection services relevant for detecting and protecting children from child labour, including human trafficking (such as expanding the children’s shelter and the day care services network). The Committee encourages the Government to continue taking measures to prevent trafficking in children. It requests the Government to continue to provide information on measures taken to strengthen the capacities of the Centre and other social institutions in the rehabilitation and social integration of child victims of trafficking. The Committee also requests the Government to provide information on the number of child victims of trafficking identified, and the types of assistance and services provided by the Centre and other social service institutions.
Clauses (a) and (d). Preventing the engagement of children in the worst forms of child labour and identifying and reaching out to children at special risk. 1. Street children, especially Roma children. The Committee previously noted the Strategy for Social Inclusion of Roma 2016–25, which covers five priority areas, namely education, housing, employment, health and social protection, aimed at improving the social inclusion of Roma both at national and local level in a systematic and comprehensive way. The Committee also noted the programme of increased intensive treatment (IIT programme) carried out by the Institute for Children and Youth in Belgrade which targets children under 14 years of age with extreme psycho-physical difficulties. The Committee further noted two licensed inns for children living and working on the street.
The Committee notes the Government’s indication that 39 local self-government (LSG) units have implemented local action plans (LAPs) for social inclusion of Roma men and women under the Strategy for Social Inclusion of Roma Men and Women in Republic of Serbia 2016–25. In addition, 50 mobile teams for social inclusion of Roma men and women have been established in LSG units. The Government further indicates the new family outreach worker service and occasional foster care service targeting at the families in crisis. According to the data collected by the CSWs, in 2017, there were 393 children living and working on the street and 8 children were placed in drop-in centres for street children. In 2018, ten out of 11 children registered at the CSWs as victims of child labour were of Roma nationality.
The Committee notes that the CATUS’s observations relate to the remaining need to provide special shelters for children working on the streets and to ensure their social integration. The Committee also notes from the 2017 concluding observations of the CRC that the vast majority of persons not registered at birth declared themselves as Roma (CRC/C/SRB/CO/2-3, para. 30). The Committee requests the Government to pursue its efforts to take effective and time-bound measures to prevent and remove street children, especially Roma children, from the worst forms of child labour. The Committee also requests the Government to provide information on the rehabilitation and social integration of the street children, including the number of street children who have been provided with educational and vocational training opportunities.
2. Unaccompanied foreign children. The Committee notes from the Government’s report that according to the RIPS’s statistical data, there were 949 unaccompanied foreign children in 2017. The Committee also notes from the information provided in the Government’s report under the Forced Labour Convention, 1930 (No. 29), that services of professional guardians were used by two victims of human trafficking, an unaccompanied boy and girl.
The Committee notes from the 2017 concluding observations of the CRC that many unaccompanied children have to sleep on the streets in unsafe and unsanitary conditions due to the limited number of places in asylum centres or refugee camps (CRC/C/SRB/CO/2-3, para. 56). The CRC also expressed its concern at the absence of a proper identification procedure for unaccompanied refugee and asylum-seeking children. The Committee further notes the Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Serbia of January 2017 (GRETA(2017)37, para. 71) pointing out that unaccompanied children face risks of exploitation and trafficking. GRETA further indicates the delays in the appointment of guardians to unaccompanied children from the staff of the CSWs and insufficient training of guardians due to the lack of human resources and underfunding. The Committee requests the Government to strengthen its efforts to prevent and protect unaccompanied foreign children from the worst forms of child labour. It further requests the Government to provide information on the number of unaccompanied foreign children identified and the types of assistance and services provided by social service institutions.
Application of the Convention in practice. Trafficking and commercial sexual exploitation. The Committee previously noted that from 2014 to 2015, eight cases of abduction of minors under section 134 of the Criminal Code were reported. The Committee requested the Government to provide information on the number of child victims of trafficking involved in the cases filed under section 388 of the Criminal Code, as well as on the application of section 185 regarding the use of children in pornography.
The Government indicates that under section 388 of the Criminal Code, 21 persons were under investigation which resulted in ten indictments and six prison sentences in 2018. Under section 185 of the Criminal Code, in 2018, the total number of received reports for investigation was 16 which resulted in six indictments and two prison sentences. The Committee notes an absence of information relating to the number of child victims of trafficking involved in these cases. The Committee notes the CATUS’s observations pointing out that more efficient work of court authorities is needed on the application of sections 185 and 388 of the Criminal Code. The Committee requests the Government to continue to provide information on the application of sections 134, 185, and 388 of the Criminal Code in relation to children under 18 years of age, including the number of investigations, prosecutions, convictions and penalties applied.

Adopted by the CEACR in 2019

C087 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. In its previous comment, the Committee had noted that according to its section 2, the Labour Act only applies to employees, defined in section 5 as natural persons employed with an employer, and had therefore requested the Government to indicate the measures taken to ensure that all workers, including independent and outsourced workers, as well as workers without an employment contract, can fully benefit from the right to establish and join organizations of their own choosing. The Committee notes the Government’s indication that the provisions of the Labour Act (sections 5, 6, 7, 206, 215 and 216) relate to the establishment of a trade union as an organization of employees who join the organization voluntarily to advocate, promote and protect individual and collective interests. Taking due note of the Government’s indication that unemployed persons have the right to establish and join organizations of their own choosing under the Act on Associations, which prescribes the establishment and legal status of an association, the Committee recalls that its comments concern workers without an employment contract, for instance, the self-employed and workers in the informal economy. The Committee therefore once again requests the Government to provide information on the manner in which it is ensured that all workers (with the sole possible exception of the armed forces and the police) including independent and outsourced workers as well as workers without an employment contract, enjoy the right, in law and in practice, to establish and join organizations for furthering and defending their interests.
Right of workers to establish and join organizations of their own choosing without previous authorization. In its previous comments, the Committee noted the Government’s reply to allegations of prolonged and complex trade union registration procedures, in which the Government stated that amendments were made to the Rulebook on trade union registration which provide that the application for registration, updating or deletion of trade unions that are members of a trade union at national level are submitted by the latter, with a view to accelerating the registration process by avoiding incomplete documentation. The Committee had recalled that the long procedure creates serious obstacles for the establishment of a trade union and that a trade union’s obligation to obtain approval from a central trade union organization in order to be registered is not in accordance with the Convention. The Committee had therefore requested the Government to provide a copy of the Rulebook on trade union registration and to ensure that trade unions affiliated to a national trade union do not need to obtain the latter’s consent in the registration procedure. The Committee notes the Government’s indication that the fact that 24,935 trade unions have been registered confirms that the trade unions registration procedure prescribed by the Labour Law and the Rulebook on trade union registration is not complex and does not hinder trade unions to organize. The Committee further notes the copy of the Rulebook on trade union registration provided by the Government. It welcomes the indication that section 5(3) of the Rulebook (concerning the documents that shall be submitted with the registration request) allows for an alternative to the submission of a certificate issued by the trade union established for the territory of the Republic, confirming that the trade union applying for registration is its member or will become its member. Section 5(3) acknowledges that a statement of the trade union that it is not a member of a trade union established for the territory of the Republic may be submitted instead.
Article 3. Right of trade unions to organize their activities and formulate their programmes. Penal sanctions for strikes. The Committee had previously noted that, according to section 167 of the Criminal Code, whoever organizes or leads a strike in a way which is contrary to the law or regulations and thereby endangers human life and health or property to a considerable extent, or if grave consequences result therefrom, shall be punished with imprisonment of up to three years unless other criminal offences prevail. The Committee had recalled that no penal sanction should be imposed against a worker for having carried out a peaceful strike, and therefore measures of imprisonment should not be imposed on any account, and that penal sanctions could be envisaged only where, during a strike, violence against persons or property or other serious infringements of rights have been committed and could be imposed pursuant to legislation punishing such acts. The Committee had noted the Government’s indication that in amending the Act it would take into account the Act’s conformity with the Convention, and the Committee had therefore expressed its hope that the Government would take all the necessary measures, in full consultation with the social partners, to amend section 167 of the Criminal Code. The Committee notes the statement given by the Ministry of Justice through a letter, attached to the Government’s report, that for the criminal offence prescribed in section 167 to be committed, three conditions should be fulfilled: (i) that the strike is contrary to the law; (ii) that the offender is an organizer of illegal strikes; and (iii) that by organizing or leading the strike in a way contrary to law or other regulations, human life and health or property of considerable extent are endangered or grave consequences result therefrom. The Committee welcomes the Ministry of Justice’s concluding statement that section 167 of the Criminal Code cannot lead to the imposition of criminal sanctions for peaceful strikes. Duly noting the information provided by the Government, the Committee requests it to provide information on the application in practice of section 167 of the Criminal Code, including copies of the relevant court decisions and indication of the penalties imposed.
Furthermore, in its previous comments, the Committee had noted that sections 173–175 of the Criminal Code punish with a fine, or imprisonment of up to three months, anyone who publicly ridicules the Republic of Serbia, another nation, national or ethnic group living in the Republic of Serbia, a foreign State, its flag, coat of arms or anthem, or the United Nations, International Red Cross or other international organization of which the Republic of Serbia is a member. The Committee had noted that statements made in the framework of the performance of trade union activities were not explicitly exempted from the prohibitions of sections 173–175 of the Criminal Code, and had requested the Government to provide information on whether sections 173–175 of the Criminal Code were applied in relation to trade union activities and, if so, to take the necessary measures to ensure that legitimate trade union activities did not fall under these provisions. The Committee welcomes the Ministry of Justice’s indication that according to section 176, there shall be no punishment of the perpetrator for offences specified in section 173 through 175 if the statement is given, among other situations, in defence of a right or defence of justifiable interests, and that therefore the exclusion from liability set out in section 176 applies to the protection of legitimate trade union activities. The Committee takes further note of the Government’s indication that in the forthcoming period, a special meeting with the relevant institutions in the country will be organized to ensure that legitimate trade union activities do not fall under sections 173–175 of the Criminal Code and that, after the meeting, depending on the results, the Government will consider asking for the technical assistance of the Office. The Committee requests the Government to provide information on any further developments in this regard.
Minimum services. In its previous comments, the Committee had noted that, according to section 10 of the Act on strikes, in the case of strikes involving “activities in the general interest”, the employer has the power to determine unilaterally the minimum services after having consulted with the union, and that, if such services are not determined within a five-day period prior to a strike, the competent public authority or the local self-government body takes the necessary decisions. The Committee recalled that, in order to ensure that users’ basic needs are met or that facilities operate safely or without interruption, the introduction of a negotiated minimum service could be appropriate in the event of strikes but should only be possible in certain situations, namely: (i) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (essential services in the strict sense of the term); (ii) in services which are not essential in the strict sense of the term, but in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; or (iii) in public services of fundamental importance. The Committee had further recalled that any disagreement on minimum services should be resolved, not by the Government authorities, but by a joint or independent body that has the confidence of the parties, is responsible for examining rapidly and without formalities the difficulties raised and is empowered to issue enforceable decisions. The Committee had noted the Government’s indication that a working group established to prepare amendments to the Act on strikes was working on the issue and would take into particular consideration the issue of minimum services. The Committee notes the Government’s indication that: (i) there was a public debate, conducted between 20 April and 10 May 2018 with the participation of the stakeholders, on the Draft Law on Strike, prepared by the Ministry of Labour, Employment, Veteran and Social Affairs; (ii) the working group tasked with the developments of the Draft Law met on 7 May 2018, having reviewed and agreed upon the remarks, suggestions and proposals to the Draft made during the public debate; (iii) the Ministry gathered the opinions on the Draft Law from the public administration authorities and other organizations and the Bill is expected to be adopted by the Government; and (iv) the Draft Law on Strike was delivered to the European Commission on 28 June 2018. On the other hand, the Committee notes that: (i) the Trade Union Confederation “Nezavisnost” (TUC Nezavisnost) states that the definition of essential services in the proposed Draft Law is too broad and did not receive the approval of the social partners; and (ii) the Confederation of Autonomous Trade Unions of Serbia (CATUS) alleges that the trade unions’ opinions have not been taken into consideration in the discussions and all changes in the area of legislation are being made in agreement with institutions that are not registered as representative social partners. The Committee expects that the process of revising the relevant legislation will be conducted in full consultation with the social partners and that due account will be taken of the Committee’s comments. The Committee requests the Government to provide information on any further progress made in this regard, particularly concerning the amendment of section 10 of the Act on strikes, and to provide a copy of the Law once adopted.
Article 4. Dissolution of organizations. The Committee had previously noted that: (i) under section 49 of the Act on Associations, an association is erased from the register if a competent authority makes a decision on the termination of its work; (ii) according to the CATUS, the Act on Associations is, in practice, applied to trade unions; and (iii) the TUC Nezavisnost alleged that one of its affiliates, the Trade Union Alliance of Musical Artists of Serbia, had been deleted from the register by the Ministry of Labour and Social Policy. It had further noted the Government’s indication that: (i) section 9 of the Rulebook on trade union registration allows the Minister to issue a decision on removal of the union from the register ex officio or upon request; (ii) the Ministry of Labour does not in practice apply the Act on Associations to trade unions; and (iii) an appeal may be filed against a decision to remove a trade union from the register at the competent court. The Committee had therefore requested the Government to provide further details on the possibility of removing a trade union from the register based on a decision of the Minister pursuant to the Rulebook, in particular: (i) to provide copies of the provisions authorizing removal and an explanation of their meaning; and (ii) to indicate whether, in case of appeal to the competent court, the appeal has the effect of a stay of execution. The Committee had also requested the Government to indicate the specific reasons for removing the Trade Union Alliance of Musical Artists of Serbia from the register and to provide a copy of the decision. The Committee notes that the Government recalls that section 9 of the Rulebook on trade union registration prescribes that a trade union shall be removed from the register in specific circumstances: (i) based on an act on dissolution of the trade union; (ii) in case of a dissolution of the employer – for the trade union established at that employer; (iii) if it ceases to meet the conditions for its establishment pursuant to the law, and general act of the trade union; or (iv) if the registration of the trade union was made based on incorrect data. It further notes the Government’s indication that in line with section 10 of the Rulebook, the Ministry is obliged to pass the decision on the removal of the trade union from the register if the conditions referred to in section 9 are met. Concerning the decision of the Ministry of Labour and Social Policy to remove the Trade Union Alliance of Musical Artists of Serbia from the register, the Committee notes that the Government states that, on 27 November 2015, the Administrative Court in Belgrade decided to cancel the mentioned decision, and that during a new procedure the Ministry decided, on 2 of August 2016, to accept the remarks and the opinions of the Administrative Court and therefore rejected the request for removal of the above-mentioned trade union from the register. The Committee further notes that the TUC Nezavisnost alleges that in June 2019 it received from the Ministry of Labour a decision to remove two of its affiliates from the register, by applying section 9(2) of the Rulebook. In light of the information provided by the Government, the Committee recalls that: (i) the cancellation of registration of an organization by administrative authority is tantamount to its dissolution and that the administrative dissolution of trade union organizations constitutes a clear violation of Article 4 of the Convention; (ii) a union may have a legitimate interest to continue to operate after the dissolution of the enterprise concerned (for example, to defend any claims of its members); (iii) the dissolution of an organization should only be decided upon procedures laid down by the organizations by-laws, or by a court ruling; and (iv) any appeal from the decision should have the effect of a stay of execution until a judicial ruling is handed down on the matter. The Committee requests the Government to: (i) indicate the specific reasons for removing the trade unions affiliated to the TUC Nezavisnost from the register, in June 2019, and to provide a copy of the decision, as well as information on any other instance in which the rule has been applied; and (ii) to review section 9 of the Rulebook on trade union registration in light of the above, including to ensure that the dissolution of the employer does not lead to the automatic dissolution of the trade union concerned and that appeals to registration removal decisions have the effect of a stay of execution.

C087 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations, received on 26 September 2019, made by the Confederation of Autonomous Trade Unions of Serbia (CATUS), the Serbian Association of Employers (SAE), and the Trade Union Confederation “Nezavisnost” (TUC Nezavisnost), concerning matters addressed in the present comment. The Committee requests the Government to provide its reply to the TUC Nezavisnost’s allegations of violations of trade union rights in practice.
The Committee takes due note of the Government’s comments on the observations made by the International Trade Union Confederation (ITUC) and the CATUS in 2012, and by the TUC Nezavisnost in 2013.
Article 2 of the Convention. Right of employers to establish and join organizations of their own choosing without previous authorization. The Committee recalls that, for a number of years, it has been commenting upon the need to amend section 216 of the Labour Law, 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, in order to establish a reasonable minimum membership requirement. In its previous observations, the Committee had noted the Government’s indication that the Committee’s comments on section 216 would be taken into consideration in the course of the amendment of the Labour Law. The Committee had also observed that, in its conclusions, the 2011 Conference Committee considered that the Government should accelerate the long-awaited amendment of section 216 of the Labour Law and expressed concern at the lack of full participation of the social partners in the legislative review. The Committee notes the Government’s indication that: (i) the adoption of a new Labour Law by the Ministry of Labour, Employment, Veteran and Social Affairs is foreseen for 2020; (ii) apart from harmonizing the existing Law with the relevant EU Directives and other “acquis”, the new Law will specify more closely the provisions which have proved objectionable or insufficiently clear in practice; and (iii) the Ministry will take into consideration the Committees’ comments related to the amendments of the Labour Law, and consider their adoption in cooperation with other stakeholders and social partners. The Committee trusts that, in the process of revising the relevant legislation, which should be conducted in full consultation with the most representative workers’ and employers’ organizations, due account will be taken of the need to amend section 216 of the Labour Law so as to retain a reasonable minimum membership requirement that does not hinder the establishment of employers’ organizations. The Committee requests the Government to provide a copy of the new Labour Law as soon as it is adopted.
The Committee is raising other points in a request addressed directly to the Government.

C102 - 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.

C122 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s report, as well as the observations made by the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Labour Union Confederation “Nezavisnost”, received on 7 November 2018. The Committee requests the Government to provide its comments in this respect.
Employment trends. The Government indicates that the national employment policy focuses on groups in vulnerable situations who experience difficulties in finding employment and which have been identified as “hard-to-employ”. It reports that the Serbian economy has moved rapidly from an economy characterized by stagnant growth and high unemployment rates to a growing economy with low inflation rates, declining public debt and labour market recovery. The Committee notes that, according to ILOSTAT data, the overall unemployment rate fell from 15.3 per cent in 2016 (14.6 per cent for men compared to 16.1 per cent for women) to 12.7 per cent in 2018 (12 per cent for men and 13.7 for women). The Government indicates that, during the first quarter of 2018, long-term unemployed persons made up some 60 per cent of the unemployed. Nezavisnost observes that the Government’s report does not include data on either income or poverty, considering that the Government is focusing on the quantity, not the quality of employment. The CATUS maintains that the credibility of the official data on unemployment and employment rates in Serbia is doubtful, given that these rates do not agree with the relevant macroeconomic and fiscal trends (such as GDP and productivity). It maintains that, although employment rates are on the increase, the quality of employment in Serbia is declining. Moreover, the CATUS points out that educated Serbians are emigrating abroad, given that acquiring a higher education is not sufficient to secure employment. The CATUS attributes a large proportion of the decline in the unemployment rate to the demographic emptying of Serbia, in which the country is losing its educated young people as well as its experienced older workers. The Committee requests the Government to continue to provide updated, detailed information, including statistical data disaggregated by sex and age, concerning the size and distribution of the labour force, and employment trends in relation to employment, unemployment, and visible underemployment, as well as on the size of the informal economy.
The informal economy. The Committee notes that, according to the Statistical Office of the Republic of Serbia, in the first quarter of 2018, the rate of informal employment was 18.6 per cent, with almost two-thirds (62.7 per cent) of informal employment located in the agricultural sector. The CATUS observes that there are 628,400 informally employed people in Serbia, and that another 207,000 are registered as being in formal employment, but in fact lack health and pension insurance. The CATUS also observes that categories of workers who are on the margins of the labour market, such as older workers, workers in rural areas and those in agriculture are not provided with incentives to facilitate their transition from informal to formal employment. Moreover, many young people are employed informally and without employment contracts. In this context, the CATUS stresses that employees working in precarious conditions also run a greater risk of abuse at the workplace. Referring once again to the principles set out in the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), the Committee requests the Government to provide information on measures taken or envisaged to facilitate the transition of workers from the relation to the agricultural sector and to workers in the category of “hard-to-employ” persons, who are generally concentrated in informal employment.
Persons with disabilities. The Committee notes that the Law on Professional Rehabilitation and Employment of Persons with Disabilities provides for equality of opportunity and treatment of persons with disabilities in the labour market. The Government indicates that, in April 2018, 22,389 persons with disabilities were registered with the National Employment Service (NES). The Committee notes that most unemployed persons with disabilities (79.9 per cent) have been unemployed for 12 months or longer and constitute long-term unemployed persons. The Committee notes that the percentage of persons with disabilities who are registered as unemployed and are either unqualified or have low qualifications is larger by 5.8 per cent compared to the total number of registered unemployed persons. The Committee requests the Government to provide updated detailed information, including disaggregated statistical data, on the nature and impact of labour market measures taken to promote the employment of persons with disabilities on the open labour market.
Women’s employment. The Committee notes that, in the first quarter of 2018, the employment rate for women was 37.9 per cent, which was significantly lower than the employment rate for men (52.7 per cent). The Government indicates that it encourages the participation of women in active employment policy measures (AEPMS) and their use of subsidies available for self-employment. In 2017, among the different categories of “hard-to-employ” persons, 27,432 unemployed women up to the age of 30 participated in AEPMs. This figure included: 12,433 women over the age of 50; 7,032 women who were also redundant workers; 3,592 women with disabilities; and 2,252 women belonging to the Roma community. In this respect, the Committee recalls the 2003 ILO Global Report “Time for Equality at Work”, which highlights the issue of multiple grounds of discrimination, pointing out that that women who also belong to disadvantaged groups frequently face double discrimination. Noting that women have persistently higher rates of unemployment in Serbia compared to men, the Committee requests the Government to communicate information concerning the nature and scope of measures adopted or envisaged to promote the employment of women, particularly women belonging to disadvantaged groups, to enable them to access decent and lasting employment at all levels and across all economic sectors. It further requests the Government to provide detailed information, including disaggregated data, on the impact of such measures.
Youth Employment. The Committee notes that, in the first quarter of 2018, the employment rate of young people was 18.5 per cent, whereas the youth unemployment rate was 34.6 per cent (2.5 per cent higher than in 2017). The Government indicates that the National Employment Action Plan for 2018 (NEAP 2018) places young persons in the hard-to-employ category and prioritizes their inclusion in AEPMs. The Committee notes that the Government has carried out a series of activities to promote youth employment, focusing on: career management and counselling services; active job-seeking measures and additional education and training system; subsidised employment programmes for “hard-to-employ” categories of youth; and promoting an entrepreneurial spirit among youth through self-employment programmes. As of the end of May 2018, youth up to the age of 30 made up 21.33 per cent of the total number of registered unemployed. In addition, the Committee notes that, in the first three months of 2018, 11,683 young persons (5,901 women and 5,782 men) participated in AEMPs. Noting the high levels of youth unemployment, the Committee requests the Government to continue to provide detailed information on the nature and impact of measures adopted to promote and support employment opportunities for young persons, as well as information on how such measures contribute to promoting lasting employment for young persons. The Committee also requests the Government to continue to provide statistical information on trends in youth employment, disaggregated by sex and age.
The Roma minority. The Committee notes that, as of 31 May 2018, 27,108 members of the Roma community were registered with the NES, making up 4.56 per cent of the total number of registered unemployed persons. The Government indicates that 89.33 per cent of all registered unemployed Roma are persons with no qualifications or low qualifications, of which 69.34 per cent are long-term unemployed persons. The Committee notes that one of the priorities of the NEAP 2018 and the Employment and Social Reform Programme is to increase access to the labour market for members of the Roma community. It also takes note of the Strategy for the Social Inclusion of Roma Men and Women in the Republic of Serbia 2016–25. In this context, the Government reports on a series of activities focused on improving the employment of the Roma though providing them with active job-seeking techniques, improving the educational structure and providing new knowledge, skills and competencies needed in the labour market. In 2017, 4,150 Roma, registered with NES were employed and, in the first three months of 2018, 988 unemployed members of the Roma national minority were involved in AEPMs. The Committee requests the Government to continue to provide detailed updated information on the nature and impact of activities undertaken with a view to promoting full, productive and freely chosen employment for members of the Roma community, including through the 2018 National Employment Action Plan.

C122 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s report, as well as the observations made by the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Labour Union Confederation “Nezavisnost”, received on 7 November 2018. The Committee requests the Government to provide its comments in this respect.
Articles 1 and 2 of the Convention. Active labour market measures. The Government reports that the National Employment Strategy 2011–2020 sets out the main strategic objectives of its employment policy, which relate to the achievement of an efficient, stable and sustainable employment growth trend by 2020 and alignment of the national employment policy and labour market institutions with European Union requirements. It adds that the objectives to be attained include: promoting employment in less developed regions of the country and developing regional and local employment policies; improving the quality of the work force; developing the capacities of the relevant institutions, expanding active employment policy programmes and reducing duality in the labour market. In this context, the Government reports that the Active Employment Policy Measures (AEPMs) taken under the National Employment Action Plan for 2018 (NEAP 2018) are based on the situation and trends in the labour market, the needs of employers and the results of impact evaluations carried out with respect to previous measures taken. The Government indicates that the national employment policy focuses on groups in vulnerable situations who experience difficulties in finding employment, and which have been identified as “hard-to-employ” persons. The CATUS observes that persons belonging to these groups make up 70 per cent of those registered with the National Employment Service (NES), indicating that this implies an issue with labour demand. The Committee also notes the adoption of the Economic Reform Programme 2018–2020, which aims, inter alia, to enhance the effectiveness of AEPMs, focusing on young persons, redundant workers and the long-term unemployed. In addition, the Committee notes the information provided by the Government concerning the Employment and Social Reform Programme, which seeks to increase the employment rate and improve the status of young persons in the labour market. The Committee requests the Government to continue to provide updated detailed information on the impact of the policies and measures implemented to promote full, productive and freely chosen employment. In particular, the Committee requests information on the nature and impact of the activities carried out under the 2018 National Employment Action Plan. It also requests the Government to provide information on the impact of the measures taken, including under the Economic Reform Programme 2018–2020, in tackling long-term and youth unemployment and promoting the employment of “hard-to-employ” persons.
Article 3. Consultations with the social partners. Nezavisnost observes that, until 2017, constructive dialogue took place in the form of regular meetings of the Working Group for the development of the National Employment Action Plan. However, Nezavisnost indicates that, since that time, there has been a noticeable reduction in the quality and scope of tripartite dialogue, given that the social partners now participate in meetings only when they are requested to provide comments on documents that are already prepared. Moreover, Nezavisnost considers that the deadlines set for providing comments are insufficient to enable initiation of genuine dialogue. Nezavisnost reports that the last meeting of the Working Group for the development of the NEAP was held in October 2017, and that no meetings were held in 2018. In response to the Committee’s previous request, the Government reports that the local employment councils play a key role in supporting employment in less developed areas and that the employment action plans constitute key instruments of local employment policy. The Committee notes that, in 2017, the Ministry of Labour, Employment, Veteran and Social Affairs (MOLEVSA) and the National Employment Service (NES) held four regional meetings on the “Role of local government units in accomplishing employment policy objectives”. These meetings were attended by 166 representatives of 70 local government units, the NES and its branches, MOLEVSA, other institutions, the social partners, donors and experts. The meetings resulted in joint conclusions, in the form of guidelines for the development of employment policies on the basis of local trade market needs. The Government also reports that, in order to promote the AEPMs to be implemented in 2018, four regional meetings were organized in cooperation with the Standing Conference of Cities and Municipalities, bringing together 134 representatives from NES branch offices and local government units. Nezavisnost observes that the local employment councils lack records concerning their membership, as well as of the level of participation of the social partners. The Committee requests the Government to provide more detailed information on the manner in which the experience and views of the social partners have been taken into account in the formulation and implementation of employment policy measures, and the outcome of this process. The Committee also requests the Government to indicate the nature and scope of consultations held with representatives of the persons affected by the measures taken, such as women, young people, persons with disabilities, the Roma population and other concerned groups, in relation to the formulation and implementation of active employment policies and programmes, as required under Article 3 of the Convention.

C131 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Trade Union Confederation “Nezavisnost” and of the Serbian Association of Employers (SAE) communicated with the Government’s report.
Article 3 of the Convention. Criteria for the determination of the minimum wage. The Committee notes that the Trade Union Confederation “Nezavisnost” reiterates its previous observations that the minimum wage level does not cover the basic needs of workers and their families. The union also suggests that the adoption of a formula for calculating the minimum wage, on the basis of the criteria established in the Labour Law, should be considered. The Committee further notes that the SAE considers that when determining the minimum wage, their arguments are not sufficiently taken into account. The SAE also refers to the strong pressure put on small companies when the labour costs are too high. The Committee notes that one of the outcomes of the Decent Work Country Programme for Serbia (DWCP 2019–22) concerns the improvement of the minimum wage fixing mechanism. The DWCP indicates that while the Labour Law establishes criteria for determining the minimum wage, the relation among those elements needs to be defined more precisely. In this context, the Committee invites the Government to consider developing, in full consultation with the social partners, a methodology to put the various criteria for determining the minimum wage into relation to each other. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance.
Article 5. Enforcement. Further to its previous comments, the Committee notes that the Trade Union Confederation “Nezavisnost” reiterates its previous observations regarding the non-respect of the minimum wage. It notes that the Government refers in its report to section 121 of the Labour Law, as amended in 2014, which provides that the monthly wage statement delivered by the employer to the employee shall represent an enforceable document. According to the Government, this provision enables employees to request payments of their wage claims within a shorter enforcement procedure. The Government also refers to the inspection system and sanctions provided for in the Labour Law. The Committee requests the Government to provide information on the application of these provisions in practice, including the number of violations detected and the sanctions imposed.

C140 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s report, as well as the observations made by the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Labour Union Confederation “Nezavisnost”, received on 7 November 2018. The Committee requests the Government to provide its comments in this respect.
Articles 2–5 and 10 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. Coordination of general policies with the policy to promote the granting of paid educational leave. The Committee takes note of the Law on Dual Education provided by the Government, which, however, falls outside the scope of the Convention. It notes that the Government refers once again to article 49 of the Labour Law, which provides that the employer is required to grant paid educational leave and that expenses of education, vocational training and specialization are to be paid from the employer’s funds and other sources. The Government also reiterates that the Labour Law provides guidance to employers with regard to regulating paid educational leave through general enactments (collective agreements or personnel rules) or through employment contracts. The Committee notes the observations made by CATUS, according to which paid educational leave for the purpose of trade union education activities is not addressed in the Government’s report or in the national law and practice. In this respect, the Committee recalls the observations made by “Nezavisnost” in a comment received in October 2013, in which it stressed that, while Article 2 of the Convention calls for the granting of paid education leave for: (a) training at any level; (b) general, social and civil education; and (c) trade union education, certain employers (especially in the private sector) do not allow union members to take paid educational leave when taking part in educational programmes offered by unions. CATUS maintains that certain branch-level or company-level collective agreements contain provisions providing for the right of trade union activists to paid educational leave, but that for most collective agreements, this right is stipulated only for the performance of trade union activities. CATUS indicates that paid leave for trade union education should be specified and detailed separately, especially since article 39 of the Law on National Qualifications Framework of the Republic of Serbia recognizes trade unions as educational organizations among publicly recognized providers in the area of adult education. CATUS points out that this official recognition is significant, as it establishes that trade union education is not a privilege, but a right of the worker, and is important for small and medium-sized companies, as well as for strengthening social dialogue, the quality of negotiations and enabling an atmosphere of tolerance and agreement. CATUS adds that, while collective agreements have been concluded in the public sector that cover paid leave, including educational paid leave, collective agreements with similar clauses do not exist outside the public sector, resulting in discrimination against workers outside the public sector. The Committee requests the Government to provide updated information on the measures taken or envisaged to implement its policy on granting paid educational leave to workers for the specific purposes contemplated in Article 2(a)–(c) of the Convention, particularly for the purpose of trade union education (Article 2(b)). It requests the Government to provide updated information on the manner in which the policy contributes to the attainment of the objectives set out in Article 3 of the Convention. The Government is also requested to supply information on the coordination of the national policy on paid educational leave with general policies concerning employment, education and training, and hours of work (Article 4).
Article 6. Association of governmental institutions, other bodies and the social partners. The Committee requests the Government to provide information concerning any measures taken or envisaged with the aim of associating the public authorities, employers’ and workers’ organizations and institutions or bodies providing education or training with the formulation and application of the policy for the promotion of paid educational leave.
Article 9. Particular categories of workers. The Committee requests the Government to indicate whether any special provisions have been established for particular categories of workers (such as workers in small undertakings, rural or other workers residing in isolated areas, shift workers or workers with family responsibilities), or for workers in particular categories of undertakings (such as small or seasonal undertakings) who find it difficult to fit into general arrangements.
Article 11. Assimilation to a period of effective service. The Committee requests the Government to indicate the measures taken to assimilate the period of paid educational leave to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relationship.
Application in practice. In its report, the Government includes an extract of the Collective Agreement in the National Employment Service (NES), which entered into force on 18 February 2017, and stipulates the right of NES employees to paid educational leave when taking certain exams. In this regard, the Collective Agreement clarifies the length of the leave, the amount payable, and the conditions of eligibility to be fulfilled by the employees who request paid educational leave. The Committee notes that, for the period from January to June 2018, 39 NES employees requested paid leave for educational purposes. “Nezavisnost” reiterates its previous observation that Serbian employers are free to choose whether or not to record statistics on the number of employees granted paid educational leave and that such statistics are not available at the higher level (that is, at the local or national level). The Committee requests the Government to continue to provide extracts of relevant collective agreements, together with extracts of reports, studies or inquiries relating to the practical application of the Convention, as well as available statistics, disaggregated by sex and age, on the number of workers granted paid educational leave (Part V of the report form).

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s report, as well as the observations made by the Confederation of Autonomous Trade Unions of Serbia (CATUS), received on 7 November 2018. The Committee requests the Government to provide its comments in this respect.
Articles 1(1)–(4) and 5 of the Convention. Formulation and implementation of education and training policies. Cooperation with the social partners. The Committee notes that the priorities established by the National Employment Action Plan for 2018 (NEAP 2018) include improving labour market institutions, improvement in labour force quality and investment in human capital, in order to build the capacities of the unemployed and reduce mismatches between demand and supply on the labour market. The Government adds that employment-related services provided by the National Employment Service (NES) and private employment agencies include vocational guidance and career counselling. In response to the Committee’s 2013 request, the Government indicates that institutions in the areas of education, employment, youth support and other stakeholders from the public sector and civil society collaborated in implementing the Strategy for Vocational Guidance and Counselling, the Strategy for the Development of Education in Serbia and the Strategy for the Development of Adult Education (SEDS) through a range of activities aimed at the development of an efficient system for vocational guidance and counselling. The Government reports that an evaluation of the first five years of implementation of the National Employment Strategy 2011–2020 showed significant improvement in the vocational counselling services provided by the NES. Moreover, the NES implementation procedures have been modernized, and instruments for employability assessment and further enhancement of individual employment plans were developed. In its observations, the CATUS indicates that, to establish a balance in offer and demand in the labour market, priority must be placed on improving the adult education system, vocational secondary education, higher education, and on the adjustment of vocational standards. In respect of cooperation with the social partners, the Government indicates that the NEAP is developed and implemented with the involvement of the social partners, relevant ministries, institutions and other stakeholders. Moreover, during the preparation of the NEAP 2018, the Ministry of Labour, Employment, Veteran and Social Affairs organized consultative meetings with the representatives of local self-government units and local employment councils, to obtain information concerning potential problems and obstacles encountered at the local level. The Committee requests the Government to continue to provide updated detailed information on the nature and impact of the vocational education, guidance and training policies and programmes adopted and implemented. The Committee further requests the Government to continue to provide specific information on the involvement of employers’ and workers’ organizations in the development, implementation, monitoring and review of such policies and programmes.
Article 2. Openness, flexibility and complementarity of systems. The Government reports that measures taken in the field of vocational education and training include the provision of job matching services for jobseekers, active job search training and job clubs, vocational guidance and career planning counselling, and further education and training for both unemployed and employed persons. The Government adds that its Annual Further Education and Training Programme for 2018 is based on labour market needs analysis, and promotes lifelong learning. The Committee notes that vocational counselling services for students, unemployed persons and employed persons who wish to change their employment are provided by all NES branch offices throughout Serbia, as well as in centres for information and vocational guidance, located in NES branch offices and local self-government units. The Government indicates that one of the most important measures taken to increase the relevance of education in Serbia is the adoption of the Law on the National Qualifications Framework in April 2018. The National Qualification Framework (NQF) seeks to orient the national education system towards learning outcomes that build competencies defined by qualification standards, and affirm the importance of key, general and cross-cutting competencies for lifelong learning. The Law establishes a National Qualifications Framework Council, which gives recommendations on the planning and development of human potential in accordance with public policies in the areas of lifelong learning, employment, vocational guidance and counselling. In addition, the Committee notes the adoption of the Law on Dual Education in November 2017, which establishes an educational model for the vocational secondary education system according to which students acquire competencies in accordance with qualification standards and school curricula, through lectures and practice in school as well as through working for an employer. The Committee notes that there was a significant increase in the number of spots for students in dual education from 1,482 in the 2017–18 school year to 3,500 in the 2018–19 school year. In addition, during the reporting period, service standards for career guidance and counselling were developing by a working group led by the Institute for the Improvement of Education, which are intended to improve guidance and counselling services provided to different target groups and sectors. The Committee requests the Government to continue to provide detailed updated information on the development of open, flexible and complementary systems of general, technical and vocational education, educational and vocational guidance and vocational training, as well as on the impact of such systems.
Articles 1(5) and 3. Specific categories of persons. The Government indicates that the educational system in Serbia is legally required to ensure inclusive education. It adds that, due to the need to improve the position of young persons, workers who were made redundant, workers with no or low qualifications, long-term unemployed persons and persons with disabilities, special service packages have been developed. These provide for inclusion in further education and training programmes, entrepreneurship training – particularly for young persons – and training in active job seeking, among other services. In its observations, the CATUS expresses the view that it is necessary to, among other measures, improve the quality of the labour force. The Committee notes that, in accordance with the NEAP 2018, active employment policy measures prioritize certain categories of persons deemed to be “hard to employ”. These include young people of up to 30 years of age, persons over the age of 50, persons with no or low qualifications, persons with disabilities, persons belonging to the Roma community and the long-term unemployed. Special priority is given to unemployed persons who simultaneously face multiple factors that affect their employability. The Committee notes the information provided by the Government regarding a series of professional rehabilitation activities implemented by the NES and educational institutions, among other actors, which seek to increase the employability of persons with disabilities. These activities include vocational guidance, professional information, counselling and individual employment plans, vocational training, further training and retraining. The Committee notes that in 2017, a total number of 8,621 unemployed persons with disabilities benefitted from active employment policy measures. The Government also prioritizes the inclusion of persons belonging to the Roma minority, referring to the development of a project on “Tools for Preventing Roma Dropout” in June 2018. With respect to young persons, the Committee notes that, in 2017, 4,977 persons under the age of 30 benefited from information and counselling services on entrepreneurship. The NES training “Road to Successful Entrepreneur” was completed by 3,262 persons under the age of 30. The Committee notes that, in 2017, 56,617 young people were included in active employment policy measures, with the most popular measures being active job search training (17,366 participants) and job fairs (19,893 participants). The CATUS observes that there are currently 22,000 unemployed persons with higher education degrees, affirming that the waiting time for a job according to official data is two years, but that in practice this period is twice as long. It also expresses the view that reforms in education and training in Serbia have not yet been fully implemented. The Committee requests the Government to continue to provide detailed up-to-date information on vocational training and vocational guidance measures for persons with disabilities, persons from the Roma community and young persons, as well as other categories of “hard-to-employ” persons. It also requests the Government to continue to provide detailed up-to-date information on measures taken to increase the participation of these categories of persons in education, including compulsory basic education. The Committee further requests the Government to provide detailed information, including disaggregated statistical data on the impact of such measures on access to lasting employment.
Article 4. Lifelong learning. The Government indicates that, in accordance with the NEAP 2018, it promotes lifelong learning, aimed at improving the competitiveness of the labour force. The Government refers to the Further Education and Training Programme, which is a component part of the annual National Employment Action Plan, and is adjusted to the demands of the labour market each year. The Committee notes that, within the Programme for Further Education and Training 2018, the following are realized: internship programmes, programmes for acquisition of practical knowledge for persons without vocational qualifications, workers made redundant and long-term unemployed persons by entering into an employment contract with a private sector employer, labour market training aimed at enhancing employability of unemployed persons, specialist IT training and training at the employer’s request. Vocational training programmes are offered to different target groups of young people, such as unemployed young persons who have completed their secondary education and have no work experience, as well as young people with no qualifications. The Government indicates that, by participating in the programme, young people acquire work experience and concrete practical vocational and general knowledge and skills, which is reflected in increased employability and competitiveness on the labour market. The Committee notes that, in 2017, more than 6,916 unemployed persons were included in the Further Education and Training Programme realized by the NES. The Committee requests the Government to continue to provide information on the nature and impact of the measures adopted to promote an inclusive system of lifelong learning.

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Serbia respectively on 18 January 2017 and 08 January 2019. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.
General questions on application. Implementing measures. In its previous comment, the Committee noted the Government’s indication that there were 2,367 Serbian seafarers working on ships operating under the flag of other countries and that there were no ships flying the Serbian flag. The Committee requested the Government to report on any future developments in the maritime sector, as well as on progress made regarding the implementation of the Convention. The Committee notes the Government’s indication that: (i) the procedure of elaboration of technical rules for statutory certification of maritime ships is ongoing; (ii) the rules are planned to be adopted by the end of 2018; and (iii) the adoption of instructions on the execution of rules, standards and guidelines related to Titles 2, 3 and 4 of the Convention will follow the adoption of the technical rules. Noting the important delay regarding the initial schedule of adoption of the implementing legislation, the Committee expects that the technical rules and instructions will be adopted in the near future in order to give full effect to the provisions of the Convention.
Article VII of the Convention. Consultations. Noting that there were no active seafarers’ or shipowners’ organizations in Serbia, the Committee requested the Government to have recourse to the arrangement provided for in Article VII of the Convention. The Committee notes the Government’s indication that there are still no representative organizations of shipowners in the country and that, until they are established, consultations will be made in accordance with Article VII of the Convention. The Committee takes note of this information and requests the Government to inform it about any recourse to the Special Tripartite Committee.
Article II, paragraphs 1(f), 2 and 3. Definitions and scope of application. Seafarers. The Committee notes that the existing legislation does not contain a definition of the term “seafarer”. The Committee recalls that in accordance with Article II, paragraph 1(f), the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. The Committee requests the Government to indicate how the term “seafarer” is defined in the national legislation.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. Noting the Government’s indication that the types of work considered as likely to jeopardize the health and safety of seafarers under the age of 18 had to be stipulated by the technical regulations for statutory certification of ships to be adopted in 2016, the Committee expressed the hope that the said regulations would be adopted in the near future. The Committee notes the Government’s information that the regulations are planned to be adopted by the end of 2018. Referring to its comments above, the Committee requests the Government to define the types of work considered hazardous in the near future to ensure conformity with the requirements of Standard A1.1, paragraph 4.
Regulation 1.4 and Standard A1.4, paragraph 5(a). Recruitment and placement. Recalling that Standard A1.4, paragraph 5(a), requires that Members prohibit seafarers’ recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified, the Committee requested the Government to indicate how it gives effect to this provision of the Convention. The Committee notes that the Government provides no answer to the question above. The Committee accordingly once again requests the Government to indicate the measures taken to implement Standard A1.4, paragraph 5(a).
Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. Recalling that Standard A1.4, paragraph 5(c)(vi), requires that insurance or an equivalent appropriate measure must be in place to compensate seafarers for monetary loss they may incur as a result of the failure of a recruitment and placement service “or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them”, the Committee requested the Government to indicate the measures taken to give effect to this requirement of the Convention. The Committee notes the Government’s indication in this regard that, to get an approval for conducting mediation services in employment of seafarers, the mediator is required to submit a request for issuance of an approval and an insurance policy from professional liability for financial losses that the seafarer is subject to as a result of omission in the work of the mediator in the amount of at least €5,000.00 in Serbian dinar counter-value per event. Mediators who obtain the approval are required to submit the extended insurance policies to the Ministry every year. The Government also informs that: (i) article 89, paragraph 7, of the Law on Maritime Navigation prescribes an obligation of a shipowner and/or employer to conclude an insurance or another financial guarantee for the purpose of paying the costs of repatriation of the members of the crew; and (ii) a draft Law amending the Law on Maritime Navigation will be adopted by the end of 2018 to incorporate the 2014 amendments to the Code of the MLC, 2006. The Committee observes that the obligation to provide financial security in conformity with the amendments to the Convention does not affect the obligations under Standard A1.4, paragraph 5(c)(vi). The Committee accordingly requests the Government to indicate the measures taken to give effect to Standard A1.4, paragraph 5(c)(vi), to compensate seafarers for monetary loss in case of failure of the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them.
Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee requested the Government to provide clarifications concerning whether or not the Labour Code applies to national and foreign seafarers domiciled in Serbia engaged in ships not flying the Serbian flag. The Committee notes the Government’s indication that, pursuant to article 2, paragraphs 1 and 3, of the Labour Code, its provisions apply to employees assigned to work abroad by the employer, unless stipulated otherwise; its provisions also apply to employees employed in the field of transport, unless specific regulations stipulate otherwise. The Government further indicates that the Labour Code does not define the contracts on the seafarers’ work nor the term of “seafarer”; this is regulated by the Law on Maritime Navigation. Noting that it is not clear which national provisions implement Regulation 2.1 and the Code, which is a central element to ensure that seafarers benefit from the protection provided by the Convention, the Committee requests the Government to adopt the necessary measures without delay to give full effect to these provisions of the Convention. The Committee also noted that the standard form of a seafarer’s employment agreement provided by the Government does not include the signature of the shipowner, as required by Standard A2.1, paragraph 1, nor does it contain all the particulars listed under Standard A2.1, paragraph 4. It notes the Government’s explanation that, according to article 67(е), paragraph 4, of the Law on Maritime Navigation, a labour contract with a seafarer shall be signed by an employer or a mediator on behalf and in the name of the employer. The Government further indicates that article 30, paragraphs 2 and 3, of the Labour Code prescribes that a labour contract shall be concluded by an employee and an employer and it shall be deemed concluded when it is signed by both of them. The Committee notes that the Law on Maritime Navigation, the Labour Code and the model seafarers’ employment agreement refer to the signature of the seafarers’ employment agreement by the “employer” (or mediator) and not by the “shipowner”. Recalling the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II of the Convention, the Committee urges the Government to amend the relevant legislation and the standard form agreement to ensure that seafarers have an agreement signed by both the seafarer and the shipowner or a shipowner’s representative, as required under Standard A2.1, paragraph 1. Furthermore, the Committee notes that article 33 of the Labour Code, although prescribing certain particulars for the employment agreements, does not contain the following particulars listed under Standard A2.1, paragraph 4: (g) the termination of agreement and the conditions thereof; (h) namely, the health and social security protection benefits to be provided to the seafarer by the shipowner; and (i) the seafarer’s entitlement to repatriation. These elements have not been included in the model seafarers’ employment agreement. The Committee accordingly once again requests the Government to review the existing legislation and the seafarers’ employment agreement’s standard form in order to give full application to these provisions of the Convention (Standard A2.1, paragraph 1 and Standard A2.1, paragraph 4(b), (g), (h) and (i)).
Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. Recalling that Standard A2.1, paragraph 6, of the Convention foresees that an employment agreement, under certain circumstances, can be terminated at shorter notice or without notice, and that each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reason is taken into account, the Committee requests the Government to indicate how effect is given to these requirements of the Convention.
Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. Noting that there were no provisions regulating the charge for the allotment services in its national legislation, the Committee requested the Government to indicate the measures taken to give effect to Standard A2.2, paragraph 5. The Committee notes the Government’s reply that this issue is not regulated by the Law on Maritime Navigation. The Committee therefore reiterates its previous request.
Regulation 2.3 and Standard A2.3, paragraph 2. Hours of work and hours of rest. The Committee noted the existence of both minimum hours of rest and maximum hours of work regimes in the national legislation. The Committee recalled that Standard A2.3, paragraph 2, of the Convention requires Members to fix either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time. The first option is more favourable for the seafarer than the second. Noting that Standard A2.3, paragraph 2, should not be interpreted as to give shipowners or masters the discretion of selective application, the Committee requested the Government to ensure that the selected regime (either maximum hours of work or minimum hours of rest) is fixed. The Committee notes that the Government does not provide answer to its request. Consequently, the Committee once again requests the Government to take measures to ensure that the selected regime (either maximum hours of work or minimum hours of rest) is fixed in accordance with these provisions of the Convention.
Regulation 2.3 and Standard A2.3, paragraph 5(b)(ii). Hours of work and hours of rest. Limits. The Committee noted that while the DMLC Part I prescribes 77 minimum weekly hours of rest, according to article 56 of the Law on Maritime Navigation, the minimum weekly hours of rest are 72. Recalling that Standard A2.3, paragraph 5(b)(ii), requires a minimum of 77 weekly hours of rest, the Committee requested the Government to take the necessary measures to bring the relevant legislation into conformity with this provision of the Convention. The Committee notes the Government’s indication that the Law on Maritime Navigation will be brought into conformity with Standard А2.3, paragraph 5(b)(ii) during the next preparation of the Law amending the Law on Maritime Navigation. The Committee requests the Government to take the requested measures in the near future.
Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes the Government’s indication that shipowners’ obligation to provide shore leave of seafarers is currently not prescribed. Recalling that, in accordance with Regulation 2.4, paragraph 2, seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions, the Committee requests the Government to indicate the measures taken to give effect to this provision of the Convention.
Regulation 2.5 and Standard A2.5.1. Repatriation. The Committee noted that section 89, paragraphs 1 and 2, of the Law on Maritime Navigation which provides for the different circumstances in which a seafarer is entitled to repatriation, does not cover all the circumstances in which seafarers are entitled to repatriation under the Convention, in particular those provided for in Standard A2.5.1, paragraph 1(a) and (b)(ii). Moreover, regarding the maximum period of service on board a ship, the Committee noted that paragraph 3 of section 89 which provides that “the period of service on the ship after which the seafarer shall be entitled to repatriation shall be determined by the employment contract, but shall not be shorter than 12 months”, is not in conformity with Standard A2.5.1, paragraph 2(b), of the Convention which prescribes that such periods be less than 12 months. Furthermore, concerning paragraph 1 of the Law on Maritime Navigation which provides that if a seafarer disembarks in a port different from the port of embarkation, the shipowner is obliged to provide a return to the port of embarkation and if specified in the contract of employment, to provide a return to the place of permanent or temporary residence, the Committee drew the Government’s attention to Guideline B2.5.1, paragraphs 6 and 7, which provide that seafarers should have the right to choose the place to which they are to be repatriated from among the prescribed destinations which should include the place at which the seafarer agreed to enter into the engagement; the place stipulated by collective agreement; the seafarer’s country of residence or such other place as may be mutually agreed at the time of engagement. The Committee requested the Government to take the necessary measures, including by reviewing the corresponding provisions of the Law on Maritime Navigation to ensure conformity with Regulation 2.5 and the related provisions of the Code. Noting the Government’s indication that no changes have been introduced in this respect and that the Government intends to bring the Law on Maritime Navigation into conformity with Standard A2.5.1 during the next preparation of the Law amending the Law on Maritime Navigation, the Committee reiterates its request and expects that the relevant amendments will be introduced in the near future.
Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee noted that section 90(2) of the Law on Maritime Navigation provides that a shipowner has the right to recover the payment of all costs of the repatriation of seafarers who got off the ship without permission leading to the termination of the employment contract, or who got off the ship due to injury or disease he caused to himself intentionally or through gross negligence. The Committee requested the Government to explain how it ensures that the exceptions to the prohibition for shipowners to recover the cost of repatriation under section 90(2) of the Law on Maritime Navigation are limited to those cases in which the seafarer has been found in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. The Committee further requested the Government to indicate the procedure to be followed in this regard and the standard of proof to be applied before a seafarer can be found to be in “serious default of the seafarers’ employment obligations”. The Committee notes the Government’s indication that the Law on Maritime Navigation does not regulate what is considered to be a serious breach of obligations from the seafarers’ labour contract and thus, the provisions of the Labour Code are to be applied. Noting that this information does not answer the point raised in its previous comment, the Committee reiterates its request and urges the Government to indicate the measures taken to give effect to this provision of the Convention.
Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee notes the Government’s indication that the Law amending the Law on Maritime Navigation is currently under the adoption procedure and will be passed by the end of 2018; this Law will include a number of provisions aimed at introducing the requirements of the 2014 amendments into the Serbian legislation. Hoping that the Law on Amendments will be adopted in the near future, the Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).
Regulation 3.1 and the Code. Accommodation and recreational facilities. Noting the Government’s indication that the provisions under Title 3 will be applied through the adoption of technical rules for statutory certification of ships, the Committee requested the Government to provide information on any development in that regard. The Committee notes the Government’s statement that the procedure of adoption of technical rules for statutory certification of maritime ships is ongoing and that the rules are planned to be adopted by the end of 2018. The Committee requests the Government to adopt the necessary measures to implement Regulation 3 and the Code in the near future.
Regulation 4.1 and Standard A4.1, paragraph 1(d). Medical care on board and ashore. Services provided free of charge. The Committee noted that section 69(2)–(4) of the Law on Maritime Navigation states that shipowners shall provide, free of charge, medical care on board, including basic dental healthcare, and other services for health protection of seafarers working on board, in accordance with the provisions of the law governing healthcare. However, the Committee also noted that section 240(a) of the Law on Health Care states that foreigners shall bear themselves the cost of urgent medical assistance, as well as other kinds of health services provided to them, at their request, unless this law or international agreements provide otherwise. The Committee also noted that there seem to be no provisions regarding the shipowners’ obligation to bear the cost of medical care provided to seafarers while they are landed in a foreign port. Recalling that each Member shall ensure that medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers, applies to all seafarers on board regardless of their nationality (Standard A4.1, paragraph 1(d)), the Committee requested the Government to indicate how it gives effect to this provision of the Convention. Noting that the no measures have been taken by the Government in this regard, the Committee reiterates its previous requests.
Regulation 4.2 and Standard A4.2.1, paragraph 3. Shipowners’ liability. Incapacity. The Committee noted that paragraph 7(2) of section 69 of the Law on Maritime Navigation provides that when illness or injury cause an inability to work, shipowners shall pay the earnings in whole or in part from the time when the seafarers are repatriated until their recovery. The Committee observed that this provision does not prescribe the percentage of the wages that shall be paid by the shipowner to the seafarer in such circumstance, as provided for in Standard A4.2, paragraph 3(b), of the Convention and requested the Government to take the necessary measures to ensure conformity with this provision of the Convention. The Committee notes the Government’s indication that the Law amending the Law on Maritime Navigation, which is currently in the adoption procedure and will be passed by the end of 2018, amends article 69(а). The Committee requests the Government to provide information on the adoption of the amendments and expects they will give full effect to Standard A4.2, paragraph 3(b).
Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. Noting the Government’s indication that the shipowners’ obligation in Standard A4.2, paragraph 7 to safeguard the personal property of sick or injured or deceased seafarers and/or to return it to them or their next of kin was not prescribed, the Committee requested the Government to take the necessary measures to ensure conformity with this provision of the Convention. The Committee notes the Government’s answer that an alignment of the Law on Maritime Navigation with Standard А4.2, paragraph 7, is foreseen during the next preparation of the Law amending the Law on Maritime Navigation. The Committee requests the Government to indicate the measures taken in this regard.
Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. The Committee noted that article 69(a) of the Law on Maritime Navigation provides that the employer shall conclude an insurance policy or other financial security in order to cover claims for death or injury at work for seafarers. Noting that the insurance policy does not seem to cover long-term disability as provided for in Standard A4.2.1, paragraph 1(b), the Committee requested the Government to take the necessary measures to ensure conformity with this provision of the Convention. The Committee notes the Government’s indication that the Law on Amendments to the Law on Maritime Navigation, currently in the adoption procedure, amends article 69(а) in relation to insurances and other financial guarantees for long-term disability of the seafarer. The Committee requests the Government to provide information on the adoption of the amendments and expects they will give full effect to Standard A4.2.1, paragraph 1(b). In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee notes the Government’s indication that the Law amending the Law on Maritime Navigation is currently under the adoption procedure and will be passed by the end of 2018; this Law will include a number of provisions aimed at introducing the requirements of the 2014 amendments into the Serbian legislation. Hoping that the Law on Amendments will be adopted in the near future, the Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how do national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claims made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).
Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee noted the Government’s indication that in order to implement the requirements of Regulation 4.3 and the Code, instructions and national guidelines for improving safety and health at work were planned for adoption in 2016 by the Ministry of Construction, Transport and Infrastructure and the Ministry of Labour, Employment, Veteran and Social Issues – Directorate for Safety and Health at Work. The Committee accordingly requests the Government to indicate any progress made in the implementation of these requirements of the Convention.
Regulation 4.5 and the Code. Social security. The Committee requested the Government to provide clarifications regarding whether foreign seafarers residing in the Serbian territory have access to social security protection, mainly regarding medical care and sickness benefit, as required by Standard A4.5, and to indicate the relevant provisions. The Committee further requested the Government to indicate the provisions ensuring that foreign seafarers domiciled in Serbia are entitled to the unemployment benefit. Noting that the Government does not provide answer on these points, the Committee reiterates its previous request.
Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. Noting the Government’s indication that technical rules, a report containing information on the objectives, standards and assessment procedures concerning its inspection and certification system, as well as all the relevant documents related to inspection and enforcement and on-board complaints procedures were being prepared, the Committee expressed the hope that those documents will be adopted in the near future. The Committee notes the Government’s indication that the procedure of adoption of the technical rules for statutory certification of maritime ships is still ongoing and they are planned to be adopted by the end of 2018. The Committee requests the Government to adopt the necessary measures to implement Regulation 5.1.1 and the Code in the near future.
Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. Noting the Government’s indication that domestic ships of less than 500 gross tonnage engaged in international voyages were not the subject of inspections according to the MLC, 2006, the Committee requested the Government to indicate how it gives effect to Regulation 5.1.4, paragraph 1. Noting that the Government does not provide an answer on this matter, the Committee reiterates its previous request.
Regulation 5.1.4 and Standard A5.1.4, paragraphs 6 and 17. Flag State responsibilities. Inspection and enforcement. Independence of inspectors. Noting the Government’s indication that it had adopted no measures to guarantee that inspectors have a status and conditions of service ensuring that they are independent of changes of government and of improper external influences (Standard A5.1.4, paragraphs 3, 6, 11(a) and 17), the Committee requested the Government to indicate the measures taken to that effect. The Committee notes the Government’s reply that, under the “Rulebook on requirements which must be met by a company managing a ro-ro ship or a fast passenger ship on these ships and conditions in terms of qualification and independence that must be fulfilled by inspectors of a recognized organization who are authorized to inspect domestic and foreign ro-ro ships and fast passenger ships”, the inspector conducting special examinations cannot have commercial interest in the company managing ships subject to inspection nor in any other company managing line transport towards and from the host country or ro-ro passenger ships or fast passenger vessels subject to the inspection. Furthermore, inspectors conducting special examinations cannot be employed with or take over the job on behalf of a non-governmental organization conducting the examinations on behalf of the state, or inspects the ship class or issues the certificates for ro-ro passenger ship or fast passenger vessel. The Committee takes note of this information.
Additional documents to be provided. The Committee further requests the Government to provide the following documents and information: an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); a sample document of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2, paragraph 1(b)); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)).
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