Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examines the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the Serbian Association of Employers (SAE), the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Trade Union Confederation “Nezavisnost”, transmitted by the Government together with its 2019 report. It also notes the observations of the CATUS, transmitted by the Government together with the supplementary information in 2020.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes that, following the recommendations and the report of the Conference Committee at its 107th Session in June 2018, a tripartite workshop on the application of Convention No. 144 was held on 25 January 2019, with technical assistance from the ILO. The workshop was attended by representatives of trade unions and employers’ associations as well as the Secretary of the Social and Economic Council of the Republic of Serbia (SEC). It was agreed at the workshop that issues concerning the preparation of the delegation of Serbia for its participation at the International Labour Conference (ILC) would be addressed in person through tripartite consultations in the SEC to be held at least two times a year (before and after the ILC), in addition to issues dealt with through written communications . In this context, the Government indicates that the composition of the delegation and the platform for its participation will be discussed in person as a separate item to be placed on the agenda of the SEC. It adds that the consultations held during the SEC sessions will also address all other matters of relevance to cooperation with the ILO, including: replies to questionnaires; recommendations submitted to the competent authorities with regard to the submission of ILO Conventions and Recommendations in compliance with article 19 of the ILO Constitution; re-examination and review at regular intervals of unratified Conventions and Recommendations not yet given effect to examine the measures to be taken, if any; issues that have arisen from the obligation of submission of national reports in compliance with article 22 of the ILO Constitution; and those concerning the proposed abrogation of ratified Conventions. The Government also reports that, on 25 September 2018, the SEC organized an Information Day at the National Assembly where discussions focused on, inter alia, strengthening social dialogue and building the capacities of the SEC and the social partners. The Committee notes that the SAE affirms that, during 2018 and the first half of 2019, tripartite consultations were held within the SEC with regard to different economic and social topics, which were formalized by the adoption of conclusions. The SAE argues, however, that the said conclusions were not implemented by the responsible national institutions. In this regard, the SAE emphasizes that the SEC, is the highest national institution of social dialogue and a legal platform, whose initiatives must be respected by the competent institutions.

The Committee also notes the information provided by the Government in its supplementary report with regard to the content of the tripartite consultations held during the five sessions of the SEC that took place between 17 March and 14 September 2020, including the adoption of the 2020 Work Plan for the SEC. In its observations, the CATUS submits that social dialogue in Serbia is still in its infancy. It considers that there is a need to adopt further measures to strengthen social dialogue in the country, stressing that the SEC is the appropriate body to ensure a transparent process of social dialogue where the views of the social partners may be heard and consensus may be reached. The Committee requests the Government to continue its efforts to take effective and time-bound measures to ensure effective tripartite consultations in conformity with the provisions of the Convention, and to report on the nature, content and frequency of consultations in relation to the matters within the scope of Article 5(1)(a)–(e) of the Convention.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified in conformity with Article 4 of the Convention and Paragraphs 3 and 4 of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152).