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

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

The Committee notes the Government’s report and the comments submitted by the Association of Teachers’ Unions of Serbia (USPRS) and the International Confederation of Free Trade Unions (ICFTU) on 13 July and 10 August 2006, respectively, concerning issues previously raised by the Committee. The ICFTU also alleges physical assault against union delegates. The Committee requests the Government to provide its observations thereon. The Committee takes due note of the new Labour Law of 2005.

Article 2 of the Convention. Right of employers’ and workers’ to establish and join organizations of their own choosing without previous authorization. Registration requirements. Minimum membership requirement for employers’ organizations. The Committee had previously commented upon 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, and had asked the Government to amend that section so as to establish a reasonable minimum membership requirement. In this respect, the Committee notes that the Government indicates that employers’ organizations may be established at the level of the Republic or within a branch, group, subgroup, or line of activity, so that the requirement of employing 5 per cent of the total employees could, depending on the level at which an employer’s organization wished to be established, be easily met – particularly if the total number of employees at that particular level was a fairly low figure. In this respect, the Committee is of the view that the 5 per cent requirement at all levels contained in section 216 of the Labour Law may hinder the establishment of employers’ organizations. In these circumstances, the Committee once again requests the Government to take measures to amend section 216 of the Labour Law so as to establish a reasonable minimum membership requirement and keep it informed in this respect.

The Committee is raising other points in a request addressed directly to the Government.