Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 100th Session, June 2011)

The Committee notes the comments received up to 31 July 2012 by the following workers’ organizations on matters already raised: (1) the International Trade Union Confederation (ITUC) (31 July 2012 and 4 August 2011); (2) the Confederation of Autonomous Trade Unions of Serbia (CATUS) (15 and 27 September 2011); and (3) the Trade Union Confederation (TUC) “Nezavisnost” (15 September 2011). The Committee also notes the observations provided by the Government on 17 January and 20 November 2012 and 9 November and 28 October 2011, in reply to the comments provided by the CATUS dated 27 September 2011 and by the ITUC in its communications of 24 August 2010, 4 August 2011 and 31 July 2012. The Committee further notes the comments received after 31 August 2012 from the following workers’ and employers’ organizations: (1) the Confederation of Free Trade Unions (30 October 2012); (2) the TUC “Nezavisnost” (5 September 2012); (3) the CATUS (5 September 2012); and (4) the Union of Employers of Serbia (5 September 2012). It requests the Government to provide its observations thereon.

The Committee also notes the debate which took place within the Conference Committee on the Application of Standards in June 2011. It notes, in particular, that, in its conclusions, the Conference Committee urged the Government to ask for the technical assistance of the ILO with a view to bringing the legislation and practice into full conformity with the Convention. The Committee welcomes that, in its report, the Government requests ILO technical assistance. It hopes that the Office will be able to provide such technical assistance in the near future.

Civil liberties. 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 notes that the Government indicated to the Conference Committee that it was not aware of such attacks nor had they been reported to the labour inspectorate, and that once provided with the relevant information it would take the necessary steps to resolve the issue in accordance with the Convention. The Committee also notes that, in its conclusions, the Conference Committee requested the Government to undertake without delay independent investigations into the allegations and report accordingly. The Committee notes with concern the recent ITUC allegation of an attempted physical attack during a strike organized by the Independent Trade Union of Police. The Committee recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations. The Committee requests the Government to take the necessary measures to institute an independent inquiry into all alleged acts of violence against trade union officials or members, and to ensure the respect of the abovementioned principles.

Article 2 of the Convention. Right of employers to establish and join organizations of their own choosing without previous authorization. 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 the amendment of the Labour Act to be completed by the end of 2010. The Committee notes that in 2011, the Government indicated to the Conference Committee on the Application of Standards that the draft amendment to the Labour Act was currently in preparation, but that the adoption of the revised Labour Act was now expected to take place after the parliamentary elections envisaged in 2012. The Committee also notes that, in its conclusions, the Conference Committee considered that the Government should accelerate the long-awaited amendment of section 216 of the Labour Act, especially the repeal of the 5 per cent threshold. The Committee notes that, in its report, the Government indicates that all legislative actions have been deferred until the completion of the process of forming a new Government and Parliament. It also notes the indication of the Union of Employers of Serbia that new provisions with regard to establishing employers’ organizations and obtaining and proving their representativeness had been a matter of short-term consultation until the 2011 International Labour Conference and then fell into oblivion. The Committee further notes that according to indications to the Conference Committee and written communications of several employers’ and workers’ organizations, concerns persist about the full participation of the social partners in the announced legislative review. The Committee trusts that, in the process of revising the relevant legislation, which should be conducted in full consultation with the most representative workers’ and employers’ organizations, due account will be taken of the need to amend section 216 of the Labour Act so as to retain a reasonable minimum membership requirement that does not hinder the establishment of employers’ organizations. The Committee hopes that the legislative review process will be completed in the near future and requests the Government to provide a copy of the amendments to the Labour Act as soon as adopted.

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