Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. In its previous comments, the Committee had noted that according to its section 2, the Labour Act only applied to employees, defined in section 5 as natural persons employed with an employer, and the Committee 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, could fully benefit from the right to establish and join organizations of their own choosing. The Committee notes that the Government reiterates that while employees in the sense of the Labour Act can establish trade unions, other persons, i.e. those who do not have a standard employment relationship with an employer, can exercise their rights to associate and organize under the Law on Associations. The Committee once again recalls that the rights guaranteed by the Convention should be granted to all workers, without distinction whatsoever and thus irrespective of contractual situation, with the sole possible exception of the armed forces and the police. The Committee requests 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 same right to establish and join trade unions of their own choosing as granted to employees under the Labour Law.

Article 3. Right of trade unions to organize their activities and formulate their programmes. Minimum services. The Committee had previously referred to the need to revise section 10 of the Act on Strikes, which provides that, 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 notes the Government’s detailed explanation as to why the draft Act that was prepared in consultation with the social partners has not been yet adopted. The Committee also notes the Government’s indication that the Ministry of Labour, Employment, Veteran and Social Affairs is in the process of negotiating support of the European Commission, as part of the Instrument for Pre-accession Assistance programme, for the further improvement of the draft law on strikes. The Committee expects that the legislative amendments prepared in consultation with the social partners will be adopted without further delay and requests the Government to provide information on all progress made in this regard, and to share a copy of the legislation once it is adopted.

Article 4. Dissolution of organizations. In its previous comments, the Committee had requested the Government to review section 9(2) of the Rulebook on Trade Union Registration in order to ensure that the dissolution of the employer does not lead to the automatic dissolution of the trade union concerned. In this regard, the Committee had noted the allegations made by the Trade Union Confederation Nezavisnost, that the Ministry of Labour, Employment, Veteran and Social Affairs, had removed two of its affiliates from the register in June 2019 on the grounds of section 9(2) of this Rulebook. The Committee had requested the Government to indicate the specific reasons for removing the trade unions from the register and to provide a copy of the respective decision, as well as information on any other instance in which the rule has been applied. The Committee further requested the Government to ensure that appeals of registration removal decisions have the effect of a stay of execution. The Committee notes that in its report, the Government confirms that two trade unions were indeed deleted from the register pursuant to section 9(2) of the Rulebook on the grounds that the employer, within which the respective trade union was founded and operated, ceased to exist. The Committee regrets that no steps appear to have been taken by the Government to review section 9(2) of the Rulebook. The Committee therefore reiterates its request and urges the Government to provide information on all steps taken to review the Rulebook on Trade Union Registration, in consultation with the social partners, so as to ensure that the dissolution of the employer does not lead to the automatic dissolution of the trade union concerned, and that appeals from registration removal decisions have the effect of a stay of execution.