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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Serbia (Ratification: 2000)

1. The Committee recalls the communication submitted jointly by the World Confederation of Labour (WCL) and the Confederation of Autonomous Trade Unions of Serbia (CATUS) dated 6 January 2004. The communication referred to section 13(1) of the 2001 Labour Law of the Republic of Serbia establishing a general health requirement as a condition for establishing an employment relationship; section 14(1) which required every employee to inform the employer of his or her health condition and other circumstances that significantly influence his or her performance of duties prior to entering into an employment contract; and section 16(3) which required the employee, when establishing an employment relation, to submit to the employer documents proving that she or he meets the conditions for work. The WCL and CATUS alleged that these provisions were discriminatory with regard to access to employment.

2. The Committee notes the Government’s reply to the observations made by WCL and CATUS indicating that, according to the 2005 Labour Law (Official Gazette No. 24/05 and 61/05 of the Republic of Serbia) job applicants have no obligation to inform employers about their health status. The Committee also notes that the 2005 Labour Law no longer contains the provisions of former sections 13(1) and 14(1). The provisions of the former section 16(3) have been amended and included in the new section 26 of the 2005 Labour Law. section 26(1) provides that a candidate for employment shall, when the labour relation is established, supply the employer with documents and other evidence that the requirements for the job in question, as set in the Organizational Structure and Human Resource Document, are fulfilled. section 26(2) states that the employer shall not require the candidate to supply evidence and documents that are not directly relevant for the performance of the job. In addition, the Committee notes that section 18 of the new Labour Law prohibits direct and indirect discrimination on the basis of health status. The Committee considers that the new Labour Law addresses the concerns expressed by the WCL and CATUS.

The Committee is addressing a request directly to the Government on other matters.