Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Serbia

Social Security (Minimum Standards) Convention, 1952 (No. 102) (Ratification: 2000)
Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) (Ratification: 2000)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards) and 121 (employment injury benefits) together.

Part VIII (Maternity benefit). Article 65 of Convention No. 102 and Articles 7(1), 10(1), 11, 19–20 of Convention No. 121. The Committee takes due note of the information provided by the Government in reply to its previous requests concerning maternity benefits, level of survivors’ benefit, commuting accidents, the provision of eyeglasses, the provision of medical care and allied benefits free of charge, and replacement rate of disability benefit.

Article 22 in conjunction with Articles 65 or 66 of Convention No. 102. Replacement rate of unemployment benefit. The Committee once again requests the Government to calculate replacement rate of unemployment benefit in accordance with Titles I–III, V of the report form for the Convention.

Article 8(a) of Convention No. 121. List of occupational diseases. Further to its previous request to make a detailed comparison of the national list of occupational diseases with Schedule I to the Convention and indicate measures taken or under consideration to ensure that all diseases listed in Schedule I to the Convention be regarded as occupational diseases, the Committee notes the Government’s indication that the Ministry of Labour, Employment, Veteran and Social Affairs has launched an initiative with the competent institutions to analyse the national list of occupational diseases on this matter. The Committee requests the Government to provide information on the outcome of this initiative and hopes that the Government will take the necessary measures to ensure that the national list of occupational diseases is in line with the requirements of the Convention.

Article 14. Cash benefits for permanent partial incapacity. In its previous comments, the Committee requested the Government to show that monetary compensation for physical disability in case of partial incapacity represented a suitable proportion of the disability pension in case of total incapacity. It further requested the Government to state whether any compensatory payments were provided in case of physical disability less than 30 per cent. In its reply, the Government indicates that the amount of monetary compensation for physical disability of 90 per cent is equal to 6,039.24 Serbian dinars (RSD), whereas in case of physical disability of 30 per cent is equal to RSD2,013.08. The Committee further notes that disability pension in case of total incapacity amounts for RSD55,662.50, that is 64.4 per cent of the reference wage. In this regard, the Committee observes that monetary compensation for physical disability of 90 per cent represents 10.8 per cent of the reference wage and 3.6 per cent of the reference wage in case of physical disability of 30 per cent. Recalling that benefits provided in case of partial loss of earning capacity or corresponding loss of faculty shall represent a suitable proportion of benefits provided in case of total loss of earning capacity or corresponding loss of faculty, the Committee requests the Government to ensure the payment of monetary compensation for physical disability at the level required by the Convention. The Committee further notes the Government’s indication that the compulsory mandatory pension and disability insurance does not provide for any compensation in the event of physical disability caused by a work-related injury or occupational disease that is less than 30 per cent. The Committee recalls that in accordance with Article 14(4) of the Convention, persons who come to lose part of their earning capacity or faculty which is not considered substantial but is in excess of a prescribed degree following an employment injury shall receive a periodical payment or a lump sum. The Committee therefore requests the Government to consider ensuring the provision of a periodical payment or a lump sum in case of permanent partial disability less than 30 per cent but in excess of a prescribed degree and to keep it informed of measures taken or envisaged in this regard.

Article 21. Review of the rate of cash benefits. With respect to its previous request to supply statistical data on the adjustment of rates of cash benefits, the Committee takes note of the information provided by the Government on the indexation of pensions. The Committee requests the Government to supply statistical data on the changes in cost-of-living index and index of earnings as well as changes in pensions according to the report form for the Convention.