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

Workers' Representatives Convention, 1971 (No. 135) - Serbia (Ratification: 2000)

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS), transmitted with the Government’s report and alleging inadequate protection of trade union representatives. The Committee requests the Government to provide its comments in this regard.

The Committee notes that the Government did not provide a reply to previous observations from the CATUS of 18 November 2014, alleging violations of the Convention in practice, and the reduced protection of the workers’ representatives due to the expiry of the 2008 General Collective Agreement. The Committee once again requests the Government to provide its comments in this regard.

Article 6. Collective agreements giving effect to the Convention. The Committee had previously requested the Government to indicate which legal mechanism was used to repeal the 2008 General Collective Agreement and the reasons for this action. The Committee notes the Government’s indication that the General Collective Agreement was concluded by the representative association of employers (the Union of Employers of Serbia) and the representative trade unions, established for the territory of the Republic of Serbia (namely, the CATUS and the Trade Union Confederation "Nezavisnost"), for a period of three years, and that upon the expiration of this term, the agreement has ceased to apply. The Government adds that, pursuant to the Labour Law, the Government is not a participant in concluding a general collective agreement. The Committee requests the Government to provide information on the effects of the expiry of the 2008 General Collective Agreement on the implementation of the Convention, including whether the facilities for workers’ representatives under this Agreement have been maintained, and if this is not the case, to indicate how appropriate facilities in undertakings are afforded to workers’ representatives in order to enable them to carry out their functions promptly and efficiently.