Paid Educational Leave Convention, 1974 (No. 140) - Serbia (Ratification: 2000)

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

The Committee notes the Government’s report, as well as the observations made by the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Labour Union Confederation “Nezavisnost”, received on 7 November 2018. The Committee requests the Government to provide its comments in this respect.

Articles 2–5 and 10 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. Coordination of general policies with the policy to promote the granting of paid educational leave. The Committee takes note of the Law on Dual Education provided by the Government, which, however, falls outside the scope of the Convention. It notes that the Government refers once again to article 49 of the Labour Law, which provides that the employer is required to grant paid educational leave and that expenses of education, vocational training and specialization are to be paid from the employer’s funds and other sources. The Government also reiterates that the Labour Law provides guidance to employers with regard to regulating paid educational leave through general enactments (collective agreements or personnel rules) or through employment contracts. The Committee notes the observations made by CATUS, according to which paid educational leave for the purpose of trade union education activities is not addressed in the Government’s report or in the national law and practice. In this respect, the Committee recalls the observations made by “Nezavisnost” in a comment received in October 2013, in which it stressed that, while Article 2 of the Convention calls for the granting of paid education leave for: (a) training at any level; (b) general, social and civil education; and (c) trade union education, certain employers (especially in the private sector) do not allow union members to take paid educational leave when taking part in educational programmes offered by unions. CATUS maintains that certain branch-level or company-level collective agreements contain provisions providing for the right of trade union activists to paid educational leave, but that for most collective agreements, this right is stipulated only for the performance of trade union activities. CATUS indicates that paid leave for trade union education should be specified and detailed separately, especially since article 39 of the Law on National Qualifications Framework of the Republic of Serbia recognizes trade unions as educational organizations among publicly recognized providers in the area of adult education. CATUS points out that this official recognition is significant, as it establishes that trade union education is not a privilege, but a right of the worker, and is important for small and medium-sized companies, as well as for strengthening social dialogue, the quality of negotiations and enabling an atmosphere of tolerance and agreement. CATUS adds that, while collective agreements have been concluded in the public sector that cover paid leave, including educational paid leave, collective agreements with similar clauses do not exist outside the public sector, resulting in discrimination against workers outside the public sector. The Committee requests the Government to provide updated information on the measures taken or envisaged to implement its policy on granting paid educational leave to workers for the specific purposes contemplated in Article 2(a)–(c) of the Convention, particularly for the purpose of trade union education (Article 2(b)). It requests the Government to provide updated information on the manner in which the policy contributes to the attainment of the objectives set out in Article 3 of the Convention. The Government is also requested to supply information on the coordination of the national policy on paid educational leave with general policies concerning employment, education and training, and hours of work (Article 4).

Article 6. Association of governmental institutions, other bodies and the social partners. The Committee requests the Government to provide information concerning any measures taken or envisaged with the aim of associating the public authorities, employers’ and workers’ organizations and institutions or bodies providing education or training with the formulation and application of the policy for the promotion of paid educational leave.

Article 9. Particular categories of workers. The Committee requests the Government to indicate whether any special provisions have been established for particular categories of workers (such as workers in small undertakings, rural or other workers residing in isolated areas, shift workers or workers with family responsibilities), or for workers in particular categories of undertakings (such as small or seasonal undertakings) who find it difficult to fit into general arrangements.

Article 11. Assimilation to a period of effective service. The Committee requests the Government to indicate the measures taken to assimilate the period of paid educational leave to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relationship.

Application in practice. In its report, the Government includes an extract of the Collective Agreement in the National Employment Service (NES), which entered into force on 18 February 2017, and stipulates the right of NES employees to paid educational leave when taking certain exams. In this regard, the Collective Agreement clarifies the length of the leave, the amount payable, and the conditions of eligibility to be fulfilled by the employees who request paid educational leave. The Committee notes that, for the period from January to June 2018, 39 NES employees requested paid leave for educational purposes. “Nezavisnost” reiterates its previous observation that Serbian employers are free to choose whether or not to record statistics on the number of employees granted paid educational leave and that such statistics are not available at the higher level (that is, at the local or national level). The Committee requests the Government to continue to provide extracts of relevant collective agreements, together with extracts of reports, studies or inquiries relating to the practical application of the Convention, as well as available statistics, disaggregated by sex and age, on the number of workers granted paid educational leave (Part V of the report form).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Granting of paid educational leave. The Committee notes the Government’s report received in September 2013 and notes the observations made by the Union of Employers of Serbia, the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Labour Union Confederation “Nezavisnost”. In its report, the Government included extracts of various collective agreements that provide that employees are entitled and required to undergo continuing education, training and development. The Committee notes that most of these collective agreements contain provisions that specify that the costs of continuing education, training and development shall be met by the institution and may also be obtained from other sources, pursuant to curricula for the continuing education, training and development of employees of the institution. The Union of Employers of Serbia indicates that the Labour Code stipulates that the number of days of paid leave should be regulated in the general act and in the employment contract. In its observations, the CATUS stresses that training and education are to be delivered and organized during working hours. The “Nezavisnost” points out that certain employers (especially in the private sector) do not allow union members to take paid educational leave when taking part in educational programmes offered by unions. The Committee invites the Government to provide updated information on the collective agreements and other measures that apply to the Convention (Article 5). Please describe the manner in which employers’ and workers’ organizations are involved in the formulation and application of the policy for the promotion of paid educational leave (Article 6).

Policy for the promotion of paid educational leave. The Government reiterates that the labour law requires employers to allow paid leave for education and allows them to govern this area through general enactments (collective agreements or regulations) or employment contracts. The “Nezavisnost” points out that each employer is free to choose whether to record statistics on the number of employees granted paid educational leave and that such statistics are not available at any higher level (that is, local or national). The Committee refers to its previous comments and invites the Government to indicate in its next report how its policy to promote the granting of paid educational leave for the purposes specified in the Convention has been formulated and coordinated with general policies on employment, education and training, and hours of work (Articles 2, 3 and 4). Please also include extracts of reports, studies or inquiries relating to the practical application of the Convention, and any available statistics on the number of workers granted paid educational leave (Part V of the report form).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

1. Granting paid educational leave. The Committee notes the Government’s report received in September 2008. The Government refers to section 49 of the Labour Act which stipulates a mandatory obligation on the employer to enable education, professional training and advanced training to be undertaken by its employees. In cases where the employee’s absence from work is necessary for educational purposes, such as professional training and advanced training, the employer has an obligation to permit the employee to take such leave. The Committee notes that the Convention is applied by means of the national laws and regulations. It hopes that the Government will include in its next report updated information on the provisions which give effect to the Convention, including reference to any collective agreements that might also apply to the Convention (Article 5).

2. Policy for the promotion of paid educational leave. Please indicate in the Government’s next report how the policy to promote the granting of paid educational leave for the purposes specified in the Convention has been formulated (Articles 2 and 3). Please also indicate how this policy is coordinated with general policies on employment, education and training, and hours of work (Article 4). Please describe the manner in which employers’ and workers’ organizations are involved in the formulation and application of the policy for the promotion of paid educational leave (Article 6).

3. Practical application. Please submit any extracts of reports, studies or inquiries relating to the practical application of the Convention, and any available statistics on the number of workers granted paid educational leave (Part V of the report form).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report for the period ending July 2003 refers only to the Republic of Serbia. Furthermore, the general information it contains does not allow the Committee to assess the effect given to the provisions of the Convention. The Committee would therefore be grateful if the Government could submit a detailed report covering the whole of the country, containing full information in response to each of the questions on the report form approved by the Governing Body. In addition to detailed information on the application of the Convention in the Republic of Montenegro, the Committee hopes that the Government’s next report will also contain information on the following aspects of the application of the Convention in the Republic of Serbia.

Republic of Serbia

1. Methods of granting paid educational leave. The Committee notes that Act No. 70 of 2001 on labour does not include any provision for the granting of paid educational leave. It requests that the Government indicate whether legislative or regulatory measures have been taken or are envisaged to make provision for the granting of paid educational leave to workers in the private sector. The Committee notes that the Government refers to clauses of collective agreements. Please submit the text of the general collective agreement, together with any relevant extracts of collective agreements providing for the granting of paid educational leave. Please submit the text of the Act on employment in state institutions (Article 5 of the Convention).

2. Policy for the promotion of paid educational leave. Please indicate how the policy to promote the granting of paid educational leave for the purposes specified in the Convention has been formulated (Articles 2 and 3). Please indicate how this policy is coordinated with general policies on employment, education and training, and hours of work (Article 4). Please describe the manner in which employers’ and workers’ organizations are associated with the formulation and application of the policy for the promotion of paid educational leave (Article 6).

3. Practical application. Please submit any extracts of reports, studies or inquiries relating to the practical application of the Convention, and any available statistics on the number of workers granted paid educational leave (Part V of the report form).