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

Serbia

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2000)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2000)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1)(a) and (b) and (2) of Convention No. 81 and Article 6(1)(a) and (b) and (3) of Convention No. 129. Action against undeclared employment and enforcement of the legislation relating to the protection of workers. The Committee previously noted the 945 joint inspections by the labour inspectorate and other authorities involved in the Working Group for Combating Informal Employment in 2018, during which labour inspectors identified 364 persons in irregular work situations. Concerning the Committee’s request for statistics in this regard, the Committee notes the Government’s statement in its report that, following measures taken by the labour inspectors, a formal employment relationship was established for 233 workers out of those 364 persons. The Committee also notes the Government’s indication that, in 2019, employers entered into employment relationships with 10,167 persons out of 12,938 persons found to be working informally (79 per cent), following measures undertaken by labour inspectors. The Committee notes the Government’s indication that the employers applied for compulsory social insurance for all of those 10,167 persons, and that these employees were paid wages and social insurance contributions starting from the date of their contracts. The Committee notes that, according to the information in the Annual Labour Inspection Report 2019, labour inspectors continue to undertake joint inspections in the context of this working group. Noting this information, the Committee requests the Government to continue to provide information on the number of instances where, following a joint inspection, a formal employment relationship was established for workers found to be in an irregular situation.

Articles 4, 7, 11 and 16 of Convention No. 81 and Articles 7, 9, 15 and 21 of Convention No. 129. Organization and effective functioning of the labour inspection services under the supervision and control of a central labour inspection authority. The Committee previously noted the establishment of a single information system for inspection, e Inspector, which aims to ensure better coordination between different inspectorates, improve planning and access to data, and allow a better monitoring of cases, including by the Coordinating Commission (a body established under the Law on Inspection Oversight to, among other things, avoid overlap and unnecessary duplication of inspections). In this respect, the Committee requested information on the influence of the Coordinating Commission on the organization of the activities of the labour inspectorate, and the impact of the e-Inspector system. The Committee notes the Government’s indication in this regard, that the e-Inspector system covers 42 inspectorates, in addition to labour inspection. The Committee also notes the information provided in the Annual Labour Inspection Report 2019 regarding the objectives and the improvements that the e-Inspector system can bring in terms of efficiency, effective planning, and data management by labour inspectors. Taking into account that the e-Inspector system covers 43 inspectorates, the Committee requests the Government to provide further information on any impact that the Coordinating Commission and the e-Inspector system have on the organization of the labour inspectorate’s activities in practice, such as its inspection priorities, the workplaces it chooses to inspect, and the number of inspection visits undertaken. Observing once again an absence of information in this respect, the Committee requests the Government to indicate any labour inspection functions that have been assigned to bodies of autonomous provinces and local self-government bodies.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between the labour inspection services and employers and workers (at the enterprise level and in the agricultural sector). The Committee previously noted the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) regarding the lack of cooperation with social partners during inspections, and indicating that cases where labour inspectors invite trade union representatives to be present during inspections are rare. In response to the Committee’s request for information on measures taken to promote collaboration, the Committee notes the Government’s reference to multiple inspections and joint inspections with other inspection services, such as the Tax Administration, undertaken in the period 2016–19 in coordination with trade unions, including CATUS. The Committee also notes the Government’s statement that the labour inspectorate is always open for cooperation with trade union representatives, for exchange of information and data, as well as for the presence of trade union representatives during inspections. The Committee requests the Government to continue to provide information on measures taken to promote collaboration between the labour inspectorate and employers and workers or their organizations.

Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Freedom of labour inspectors to enter at any hour of the day or night any workplace liable to inspection. The Committee previously requested information on circumstances in which, pursuant to section 19 of the Law on Inspection Oversight, labour inspectors provided with proper credentials are empowered to conduct inspections outside of working hours. In this respect, the Committee notes the Government’s reference to section 64(1) of the Law on Safety and Health at Work, as amended, which stipulates that, for the purpose of inspection, the employer shall provide access to buildings and rooms to the labour inspector, at any time when there are employees working. The Committee also notes the Government’s indication that labour inspectors can conduct inspections outside working hours without previous notice and without an inspection warrant in the case of certain work injuries. In addition, the Committee notes that section 19(2) of the Law on Inspection Oversight, as amended, allows for inspections outside of working hours to verify an entity’s compliance with prescribed working hours. The Committee notes in this regard that the Annual Labour Inspection Report 2019 contains information regarding inspections conducted at night on compliance with both labour law and occupational safety and health law, including at construction sites. The Committee takes note of this information.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspectorate. The Committee previously noted the Government’s indications regarding various difficulties regarding the notification of occupational accidents and diseases to the labour inspectorate. In response to its request on measures to address those difficulties, the Committee notes the Government’s statement that the labour inspectorate established cooperation with the Ministry of Interior, Police Administration and Centre for Notifications and Whistleblowing, as concerns the notification of injuries at work to the labour inspectorate. The Government indicates that those bodies provide such notifications regularly. The Committee also observes that the Annual Labour Inspectorate Report 2019 continues to note difficulties in relation to the reporting of occupational accidents and diseases, including in relation to: (i) the non-compliance of employers with legal requirements to report occupational accidents and diseases; and (ii) different methodological approaches to the registration, processing and evaluation of the data on occupational injuries. In this respect, the Committee notes that, according to the Annual Labour Inspection Report 2019, no cases of occupational diseases were notified to the labour inspectorate in 2019. The Committee requests the Government to continue to provide information on any measures taken to mitigate the difficulties identified by the Government with a view to strengthening the system for notifying occupational accidents and diseases to the labour inspectorate. The Committee also requests the Government to provide further information on the impact of measures taken to mitigate those difficulties.

Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129. Confidentiality of complaints. The Committee previously noted that, according to CATUS, inspectors frequently invite complainants to be present during inspections with the employer, which reveals the complainant’s identity. In response to its request for information on measures to ensure the confidentiality of the source of complaints in practice, the Committee notes the Government’s indication that labour inspectors do not invite the person who lodged the complaint to be present during inspections, precisely so that their identity is not revealed. The Committee notes the Government’s statement that the person who lodged the complaint can be present during the inspection only at their own explicit request. The Committee takes note of this information.

Articles 17 and 18 of Convention No. 81 and Articles 22, 23 and 24 of Convention No. 129. Effective enforcement and adequate penalties. The Committee previously noted limitations to the powers of inspectors to initiate enforcement measures pursuant to sections 27(1) and (5) and 42(3) of the Law on Inspection Oversight. The Committee notes the Government’s statement, in response to the Committee’s previous request, that, where employers do not act upon preventive measures prescribed by labour inspectors within the set deadlines, labour inspectors issue a decision ordering such employer to remove the detected irregularities, and file a misdemeanour charge. The Committee notes that, according to the Government, labour inspectors filed 978 motions for misdemeanour proceedings in 2019, following preventive measures not respected before the set deadline. The Committee also notes that, according to the Annual Labour Inspection Report 2019, there were 6,807 motions for the institution of misdemeanour proceedings in 2019 (an increase from 6,538 motions for misdemeanour proceedings noted in 2018), including 5,306 in the area of employment and 1,444 in the field of occupational safety and health (OSH). The Committee requests the Government to continue to provide information on the proportion of misdemeanour motions that were filed following preventive measures prescribed by inspectors and the possibility to remediate, including information on the average time set for deadlines to undertake preventive measures, and the average time that, following deadlines not being met, misdemeanour motions are filed.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on the work of the labour inspection services. The Committee welcomes the Annual Labour Inspection Report 2019, transmitted to the ILO by the Government, and containing information on the subjects listed under Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee requests the Government to continue to publish and communicate the annual reports of the labour inspectorate to the ILO, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Articles 4 and 9(3) of Convention No. 129. Scope of labour inspection in agriculture and training. In response to its previous request for information on training specific to the agricultural sector, the Committee notes the information provided by the Government on training provided to labour inspectors in the context of the EU Twinning project “Support and improvement of occupational safety and health and labour inspection in the Republic of Serbia” (2019–21). In this regard, the Committee welcomes the Government’s indication that 17 labour inspectors participated in a four-day training of trainers, in January 2019, which included a topic on “Occupational health and safety measures and inspection oversight in agriculture”. The Committee also notes the Government’s indication that the organization of trainings for all labour inspectors is planned for the upcoming period. The Committee requests the Government to continue to provide information on any trainings provided to labour inspectors specific to the agricultural sector, including their frequency, content, and the number of participants. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.