Observation (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 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Free entry of labour inspectors to workplaces without prior notice. The Committee previously noted restrictions on the powers of inspectors in the Law on Inspection Oversight, with regard to: (i) the ability of labour inspectors to undertake inspection visits without previous notice (sections 16, 17, 49 and 60); and (ii) the scope of inspections (section 16). The Committee noted the 2019 conclusions of the Committee on the Application of Standards (CAS) on the application of Conventions Nos 81 and 129 by Serbia, which called on the Government to amend sections 16, 17, 49 and 60 of the Law on Inspection Oversight without delay; and undertake the legislative reforms in consultation with the social partners as well as to ensure effective collaboration between the labour inspectorate and the social partners. In this respect, the Committee noted the Government’s reference to consultations held by the Ministry of Labour, Employment, Veteran and Social Affairs with the Ministry of Public Administration and Local Self-Government, which issued the Law on Inspection Oversight, and a tripartite workshop planned for 2020.

The Committee welcomes the Government’s indication in its report that a tripartite workshop took place in February 2020 in Belgrade to follow-up on the conclusions of the CAS, attended by the representatives of the Office of the Prime Minister of Serbia, the Ministry of Labour, Employment, Veteran and Social Policy, the Ministry of Public Administration and Local Self-Government, the labour inspectorate, the Occupational Safety and Health Directorate, the Serbian Association of Employers (SAE), the Trade Union Confederation “Nezavisnost”, and the Confederation of Autonomous Trade Unions of Serbia (CATUS), and including the participation of the ILO. The Committee notes the Government’s reference to the conclusions of the workshop, and notes with interest that among the areas of consensus emerging from the workshop to address the conclusions of the CAS was agreement to establish a tripartite working group to determine the specific form the amendments should take, including whether to amend the Law on Inspection Oversight only, or to develop a specific labour inspection law. The Committee also notes that, according to the Government’s supplementary information under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Ministry of Labour, Employment, Veteran and Social Affairs informed the Social and Economic Council on 4 March 2020 of the results of the tripartite workshop on Conventions Nos 81 and 129. The Committee further notes that section 60(1) of the Law on Inspection Oversight, which provided the possibility of fines on labour inspectors in case of failure to notify the entity subject to oversight of an upcoming instance of inspection oversight in writing, has been amended and deleted. Taking due note of this information, the Committee requests the Government to continue to provide information on the measures taken to amend the Law on Inspection Oversight, including the establishment of the tripartite working group and the outcomes of its meetings, and on any other steps taken to ensure the appropriate follow-up to the conclusions of the CAS, in consultation with the social partners. The Committee also requests the Government to continue to provide information on the application in practice of Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, including statistics on the number and nature of inspections undertaken without previous notice (such as in response to occupational accidents, complaints or serious violations).

Articles 3(1)(a) and (b), 7, 10 and 16 of Convention No. 81 and Articles 6(1)(a) and (b), 9, 14 and 21 of Convention No. 129. Adequate number of qualified labour inspectors and inspection visits to ensure the effective application of the legal provisions. The Committee previously noted the decreasing number of labour inspectors since 2016, as well as trade unions’ concerns regarding the insufficient numbers of inspectors and their lack of appropriate conditions and means of work. In this respect, the Committee requested information on measures taken by the Government concerning the implementation of its proposed three-year action plan to hire civil servants carrying out inspections, and of the recommendations of a 2019 analysis of inspection services.

The Committee notes the Government’s indication that the labour inspectorate has 229 labour inspectors for 409,868 registered business entities as of May 2020 (a decrease from 240 labour inspectors for 416,815 registered business entities in 2019), and that the Government states that the labour inspectorate is competent to control those entities’ compliance with labour legislation. The Committee also notes the Government’s reference to the adoption, by Decision of the Government, of the Three-year Action Plan for the employment of civil servants carrying out inspections under the jurisdiction of national inspections, according to which it is necessary to employ 13 additional labour inspectors in 2020, and 27 more additional labour inspectors in 2021. The Government also indicates that there are currently 38 vacancies for labour inspector posts. The Committee further notes the Government’s indication that all labour inspectors are equipped with laptops and modems for mobile internet, but that the labour inspectorate is poorly equipped with scanners and printers, and needs IT equipment, including new desktop computers. The Committee requests the Government to provide further information on the implementation of the Three-year Action Plan for the employment of civil servants carrying out inspections under the jurisdiction of national inspections, indicating the specific number of additional labour inspectors hired. The Committee also requests the Government to take the necessary measures to ensure that the labour inspectorate offices are suitably equipped. In this respect, it requests the Government to indicate any measures taken or envisaged to improve the material means placed at the disposal of labour inspectors and to address the deficiencies in IT equipment identified.

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