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

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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.

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The Committee notes the Government’s indication that the General Collective Agreement of 2008 has been repealed. The Agreement contained provisions ensuring broad protection for workers’ representatives and a significant number of facilities to carry out their activities. The Committee requests the Government to indicate which legal mechanism was used to repeal the Agreement and the reasons for this action, and to reply to the observations of the trade union organizations attached to its report on this matter.

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The Committee notes the adoption of the General Collective Agreement of 2008, sent with the Government’s report, and observes that it contains provisions which guarantee broad protection to workers’ representatives and also provides for a number of important facilities for the development of their activities.

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Republic of Montenegro

The Committee notes the information contained in the Government’s report.

1. Protection afforded to workers’ representatives. The Committee notes that section 40 of the Constitution of the Republic of Montenegro and sections 139 and 140 of the Labour Code include specific protections afforded to workers’ representatives against prejudicial acts like dismissals, transfers, etc. The Committee requests the Government to give details regarding the procedures and sanctions applicable in case of acts of anti-union discrimination against workers’ representatives.

2. Coexistence of workers’ representatives in the same undertaking. Recalling that, Article 5 of the Convention requires that where trade union representatives and elected representatives exist in the same undertaking, the existence of elected representatives should not be used to undermine the position of trade unions concerned or their representatives, the Committee requests the Government to explain the way this Article is applied.

Republic of Serbia

The Committee notes the information contained in the Government’s report and notes the adoption of a new Labour Law in 2005.

Protection afforded to workers’ representatives. The Committee notes that the Labour Law establishes facilities to workers’ representatives and sanctions in case of anti-union discrimination and declares null and void these acts.

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

The Committee notes the information contained in the Government’s report following the communication of 19 April 2001, whereby it declared itself bound by the Conventions applicable on its territory prior to becoming a Member of the ILO.

Republic of Serbia. The Committee notes that legislation protects workers against discrimination based on trade union membership and participation in strikes and guarantees them freedom of trade union activity. The Committee requests the Government to indicate any specific legislative provisions which would protect workers’ representatives against prejudicial acts (dismissals, transfers, etc.) and lay down the applicable proceedings and sanctions.

The Committee notes that according to the Government, the application of the Convention in the Republic of Serbia is not ensured by the Law on Safety and Work (Official Gazette, Nos. 42/91, 53/93 and 42/92) and that a new law on security and health care at work is currently being drafted to bring legislation in line with the Convention. The Committee hopes that the new law will be adopted very soon and requests the Government to provide in its next report the text of the law, or, if such law has not been enacted yet, the draft law.

Republic of Montenegro. The Committee notes that the report does not contain any information on the application of the Convention in the Republic of Montenegro. The Committee requests the Government to provide in its next report information in this respect and transmit the relevant legal texts.

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The Committee notes the information contained in the Government’s report following the communication of 19 April 2001, whereby it declared itself bound by the Conventions applicable on its territory prior to becoming a Member of the ILO.

Republic of Serbia. The Committee notes that legislation protects workers against discrimination based on trade union membership and participation in strikes and guarantees them freedom of trade union activity. The Committee requests the Government to indicate any specific legislative provisions which would protect workers’ representatives against prejudicial acts (dismissals, transfers, etc.) and lay down the applicable proceedings and sanctions.

The Committee notes that according to the Government, the application of the Convention in the Republic of Serbia is not ensured by the Law on Safety and Work (Official Gazette, Nos. 42/91, 53/93 and 42/92) and that a new law on security and health care at work is currently being drafted to bring legislation in line with the Convention. The Committee hopes that the new law will be adopted very soon and requests the Government to provide in its next report the text of the law, or, if such law has not been enacted yet, the draft law.

Republic of Montenegro. The Committee notes that the report does not contain any information on the application of the Convention in the Republic of Montenegro. The Committee requests the Government to provide in its next report information in this respect and transmit the relevant legal texts.