Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Serbia (Ratification: 2005)

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS), received on 7 July 2017, the observations of the Serbian Association of Employers (SAE), received on 31 August 2017, and the observations of the Trade Union Confederation “Nezavisnost” received on 14 November 2017. The Committee notes that the observations presented by the CATUS, which relate to a strike in an individual enterprise, fall outside the scope of the Convention and it will therefore not address these.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Government recalls that the Social and Economic Council of the Republic of Serbia (SEC), established in 2001, is an independent tripartite body comprised of six Government representatives, six SAE representatives, four CATUS representatives and two Nezavisnost representatives. The Committee notes that the social partners freely choose their representatives to the SEC and their substitutes within their own organizations. The Government indicates that, during the reporting period, the SEC held 21 sessions in which it discussed labour legislation, collective bargaining, social dialogue, education, media, economic and financial matters, and international cooperation. In its observations, Nezavisnost expresses concern with regard to the application of the Convention, indicating that social dialogue at all levels of collective bargaining, labour and social legislation and reform strategy have been reduced to a minimum, while in certain areas it is non-existent. It also observes that not all draft laws in the area of labour and social legislation are submitted to the SEC for its opinion, but instead the Government is submitting legislative proposals directly to the National Assembly without previously consulting the SEC. Nezavisnost provides a series of examples in this respect and urges the Government to establish Rules of Procedure that end this practice. Nezavisnost also observes that the representative workers’ organizations have also been excluded from participating in drafting of labour and social legislation. The Committee notes that the Representativeness Committee, a second-instance authority responsible for determining the representativeness of workers’ organizations, ceased functioning in May 2017. According to Nezavisnost, this has a direct impact upon collective bargaining at all levels. Nezavisnost also observes that the Government has taken over the determination of representativeness, in that the minister may take decisions on the representativeness of an organization without seeking the Committee’s advice. The Committee also notes the observations of the SAE indicating that, contrary to Article 5(2) of the Convention, there are no established time intervals for tripartite consultations. It adds that consultation with the social partners on the matters related to international labour standards covered under Article 5(1) often occurs late or not at all. The Committee requests the Government to provide specific information on the content, outcome and frequency of tripartite consultations held on the matters concerning international labour standards covered by the Convention (Article 5(1)(a)–(e)). It also requests the Government to communicate information concerning any reports or recommendations made as a result of the consultations.