Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the comments submitted by the Confederation of Autonomous Trade Unions of Serbia (CATUS) received on 15 November 2010 and by the International Trade Union Confederation (ITUC) dated 24 August 2010. The Committee requests the Government to provide its observations thereon in its next report.

In its previous comments, the Committee had requested the Government to provide its observations on the comments made by the ITUC and the CATUS concerning alleged physical assaults against union officials and members, especially in the educational and health-care sectors. The Committee takes note that the Government indicates, in its report, that it has no knowledge of physical attacks on trade union officials or members in these sectors. 

Article 2 of the Convention. Right of employers to establish and join organizations of their own choosing. The Committee recalls that for a number of years, it has been commenting upon the need to amend section 216 of the Labour Act 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, in order to establish a reasonable minimum membership requirement. In its previous observation, the Committee had noted the Government’s indication that the Committee’s comments on section 216 will be taken into consideration in the course of amendment of the Labour Act. The Committee notes that the Government indicates in its report that the work on amendments and addendums to the Labour Act is under way and that the completion of the work is planned for the end of 2010. The Committee hopes that in the process of revising the legislation, due account will be taken of its comments concerning the amendment of section 216 of the Labour Code and requests the Government to provide a copy of the amendments and addendums to the Labour Act as soon as adopted.

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