Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Serbia (Ratification: 2000)

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

The Government has communicated the following information:

The previous reports on the application of the Convention and the quotations on the amendment to the legislation containing the provisions on moral and political suitability of candidates as a condition for employment all testify to the realisation of the regulations enacted.

It should be explicity emphasised at this point that the new wording in the amendments adopted will not allow for any deviant interpretations of their inclusion also of the requirement regarding political conviction, for instance. It is indisputable that the only purpose behind this wording is for the candidates to meet all the requirements so as to perform most successfully the duties they have been given in view of the objectives prescribed by statute in particular sectors of special social interest.

Likewise, in the course of their work, social attorneys of self-management and labour inspection authorities warn organisations of associated labour consistently of the unconstitutionality of "moral and political suitability" of the provisions if they find that their self-management enactments include them as one of the requirements for the establishment of an employment relationship. The Government has also warned the organisations of associated labour thereof, whose announced competition as published in the DELO magazine of April 1985 has been quoted by the Committee of Experts in its direct request.

With reference to the objection relating to Article 23 of the 1974 Social Compact on the Fundamentals of Personnel Policy in the region of the Ljubljana Communes, the Government would like to point out that it is in the process of being revised.

The Constitutional Court of Vojvodina has by its decision dated 16 April 1986, a copy of which has been provided to the Office, contested "moral and political suitability" as a requirement in the selection of candidates and pointed out that the factors relevant for the establishment of an employment relationship include the period of waiting registered with the employment community, social background and professional qualifications. In line with the aforementioned decision, the provision relating to "moral and political suitability" has been deleted from the self-management enactments of organisations of associated labour in the area of the Socialist Autonomous Province of Vojvodina.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the Government’s reports received in 2017 and 2022. The Committee notes the observations of the Serbian Association of Employers (SAE) and the Confederation of Autonomous Trade Unions of Serbia (CATUS), received with the Government’s report.

Article 2 of the Convention. Equality of opportunity and treatment, irrespective of race, colour or national extraction. Members of the Roma community. The Committee welcomes the adoption of the National Employment Strategy 2021-2026 and its Action Plan 2021-2023, but notes that no information is provided on how the Strategy seeks to address the particular situation of Roma in employment and occupation. The Committee also welcomes the adoption of the National strategy for the social inclusion of Roma women and men for the period 2016–2026, which envisages measures aimed at promoting the inclusion of Roma people in the labour market, increasing their employability, employment and economic empowerment, especially of Roma men and women belonging to the category of multiple ‘hard-to-employ’ unemployed persons. The Committee notes the Government’s indication that, in an effort to promote equal access of Roma children to education, the Law on the Fundamentals of Education System plans for a “pedagogue assistant”, who speaks the Romani language, to provide additional support to Roma students experiencing difficulties in school. The Committee also notes, from the statistical data provided by the Government, that the unemployment rate of Roma people does not follow the decreasing trend of total unemployment. In 2015, there were 724,096 registered unemployed persons in total, and 22,930 registered unemployed Roma men and women (3.2 per cent of overall registered unemployed). In 2020, the number of registered unemployed persons decreased to 491,347, while the number of registered unemployed Roma men and women increased to 27,175 (5.5 per cent of overall registered unemployed). The Government indicates that 89 per cent of the total registered unemployed Roma are without qualifications or with a low level of qualifications, and that active labour market policy measures contribute to improving knowledge, skills and competences, and levels of qualifications. Roma make up about half of all participants in adult literacy programmes and related vocational training programmes. The Committee also notes, from the report of the Commissioner for the Protection of Equality, that in 2021, 96 complaints were received in relation to discrimination based on national affiliation or ethnic origin, most of them concerning employment and occupation. Out of these complaints, 74 were brought by members of the Roma community. The Commissioner’s report also refers to a recent census which indicates that only a third of all Roma people completed primary school, 11.5 per cent completed high school and only 1 per cent completed higher education. 76 per cent of Roma children are enrolled in the mandatory preparatory pre-school program compared to 97 per cent of children from the general population. Coverage of the mandatory elementary education is also incomplete: 92 per cent of Roma children get enrolled in elementary school, compared to 99 per cent of children from the general population, with 64 per cent of Roma children completing elementary school, which is significantly lower than the rate of completion of elementary school with children from the general population (100 per cent). The Commissioner’s report also confirms that certain schools practice segregation, keeping Roma children in separate groups from other pupils. Finally, the Committee notes, from the Government’s 2022 Country Report to the European network of legal experts on gender equality and non-discrimination of the European Commission (EC) (thereafter the “country report on non-discrimination to the EC”), the acknowledgement that the COVID-19 pandemic has had a major impact on Roma people, in particular on their access to work and sources of income and that there is a need to improve the inclusion of Roma people and in particular their access to adequate housing, health and social services, and to ensure equality in education. The Committee asks the Government to continue to provide specific information on:

• (i)the measures taken to promote equal opportunities of the Roma to access employment and occupation, including the results of vocational training activities; and
• (ii)progress and results achieved through these measures, in particular with respect to the employment of Roma women.

Recalling the importance of education as a determining prerequisite for employment, the Committee asks the Government to:

• (i)pursue its efforts in promoting equal access of Roma children to education and retaining them in school; and
• (ii)provide information on the measures and the results achieved in this regards, including within the framework of the National Employment Strategy 2021-2026, the National strategy for the social inclusion of Roma women and men for the period 2016–2025 and relevant legislation.

Other minorities. The Committee takes note of the number of persons from ethnic minority background who were targeted in 2016 by active employment policy measures and services, such as for example: 8,780 Albanians and 10,359 Bosnians. The Committee notes however that no information is provided on the content of the active employment policy measures or on their results. The Committee requests the Government to provide information on:

• (i)any measures taken to promote equal access to employment and occupation of minorities other than the Roma; and
• (ii)measures taken for preventing and combating stereotypes and prejudice and promoting tolerance among all the components of the population.

Equality of opportunity for persons with disabilities. The Committee notes the Government’s indication that the legislative framework for employment of persons with disabilities is made up of the Law on Employment and Unemployment Insurance and the Law on Professional Rehabilitation and Employment of Persons with Disabilities and their accompanying bylaws. The Government adds that persons with disabilities who are registered as unemployed are included, with priority, in active labour market policy measures implemented by the National Employment Service, such as education, training and direct job creation measures. The Committee notes that, in 2020, there were 12,897 persons with disabilities registered as unemployed and able/willing to work (5,574 of them women), which represented 2.6 per cent of all registered unemployed. The Government also indicates that, in 2020, there were 5,213 persons with disabilities who were newly employed from the National Employment Services Register. The Committee notes the Government’s statement that, according to the annual reports of the Commissioner for Protection of Equality, the main challenges faced by persons with disabilities include access to various public facilities, services and information; access to employment and opportunities for reasonable adjustment of working conditions; and access to education and vocational training. The Committee notes, from the concluding observations of the CEDAW, that girls with disabilities are less involved in inclusive education than boys with disabilities (CEDAW/C/SRB/CO/4, 14 March 2019, para. 33). The Committee requests the Government to continue to provide information on:

• (i)the measures taken to promote equality of opportunity in employment and occupation, as well as in access to education and vocational training, for persons with disabilities, especially women and girls; and
• (ii)the results achieved in this regard.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that social partners are included in the process of preparing and defining objectives and priorities of employment policy at all levels of Government, and that they are consulted on an annual basis when the Ministry of Labour, Employment, Veteran and Social Issues develops national action plans for employment. However, the Committee notes the observations of the SAE according to which it was not consulted in the drafting of the Law on Gender Equality nor of the Act to supplement the Act on the Prohibition of Discrimination. The Committee further notes the Government’s indication that social partners are informed about activities conducted by relevant government entities, and that the process of social dialogue has been strengthened through the formation of local employment councils consisting of representatives of trade unions and employers, and through the implementation of capacity-building projects. The Committee refers to its previous comment and requests the Government to provide specific information on measures taken by the Government to seek the cooperation of the social partners with regard to promoting equality of opportunity and treatment in employment and occupation, including details of how social partners are involved in:

• (i)the process of preparing and defining the objectives of employment policies and national action plans for employment; and
• (ii)efforts to promote the legislation on non-discrimination.

Article 3(d). Civil service. The Committee recalls that the State not only possesses direct means for applying the principles of the Convention in public sector employment but can also play a role in setting an example for other employers and in promoting the observance of the policy in other sectors (see the 2012 General Survey, paras. 741 and 843). The Committee therefore asks the Government to provide information on the representation of men and women, as well as members of the different minorities in the civil service. Please indicate any measures taken to actively promote a balanced representation of men and women, as well as of ethnic minorities in the civil service.

Enforcement and application in practice. The Committee takes note of the observations of the CATUS according to which it is difficult to prove discrimination in court proceedings and that the shift of the burden of proof is not applied in practice. The CATUS also declares that there is no guarantee, once a judgment establishing the existence of discrimination has been rendered, that it will lead to a satisfactory decision for the plaintiff (such as the return to work). The Committee notes the CATUS’s allegations that there is a need for judges to be trained in anti-discrimination legislation for a better application and interpretation of the law. The Committee notes the Government’s indication that, in 2020, labour inspectors did not issue decisions relating to the prohibition of discrimination, nor did they do so in 2019, while they issued only 16 decisions in 2018, and 19 decisions in 2017. In 2020, labour inspectors performed 631 inspections to control the implementation of the Law on the Equality of the Sexes, and they determined that all 631 employers kept records on the gender structure of employees. The Government further indicates that, in 2020, there were no reported cases of discrimination based on sex, harassment, sexual harassment and sexual blackmail at work or in connection with work. The Committee notes, from the 2020 Labour Inspection Report provided by the Government, that although various cases of discriminatory treatment occur almost every day, in practice employees are discouraged from turning to the labour inspectorate to exercise their rights, because the powers of labour inspectors are insufficient, and because proving the violations of their rights can be difficult. The report goes on to explain that it often happens that an employee who requires legal protection from discrimination suffers additional pressure from the employer and may be exposed to harmful consequences (loss of employment, demotion, transfer to an inappropriate job or other workplace, etc.). Finally, the Committee notes, from the Government’s Country Report on non-discrimination to the EC, that training on anti-discrimination law has been provided to different public officials, but that it is important to pursue the training, which must be comprehensive and on-going, and must include workshops on breaking down stereotypes and prejudices towards members of certain groups. The Committee asks the Government to pursue its efforts in raising awareness of the Law on Gender Equality 2021 and Act to supplement the Act on the Prohibition of Discrimination 2021, including through training and awareness-raising measures addressed to workers and employers and their organizations, labour inspectors and judges, as well as the public at large. The Committee also asks the Government to continue providing information on the number, nature and outcome of employment discrimination cases addressed by the labour inspectorate, the Commissioner for the Protection of Equality and the courts, as well as remedies provided and sanctions imposed.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the Government’s reports received in 2017 and 2022. The Committee notes the observations of the Serbian Association of Employers (SAE) and the Confederation of Autonomous Trade Unions of Serbia (CATUS), received with the Government’s report.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that section 21(2) of the Labour Code of 2005 concerning sexual harassment did not cover quid pro quo sexual harassment. The Committee welcomes the adoption of the Law on Gender Equality 2021, which replaces the Law on the Equality of Sexes 2009. The Committee notes that the Law on Gender Equality 2021 defines and prohibits sexual harassment; however, it remains unclear if the definition prohibits both quid pro quo and hostile work environment sexual harassment. The Committee notes, from the 2020 Labour Inspection Report, provided by the Government, that no cases of sexual harassment at work were reported to the labour inspectorate that year. The Committee further notes, from the concluding observations of the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), the lack of measures to address sexual harassment in the workplace, specifically with regard to young women and lesbian, bisexual and transgender women and intersex persons, and the disproportionately low number of convictions for sexual harassment, which adversely affects women’s possibilities for employment and promotion (CEDAW/C/SRB/CO/4, 14 March 2019, para. 35). The Committee requests the Government to clarify: (i) which provisions of the Law on Gender Equality 2021 define and prohibit sexual harassment at work; and (ii) the definition given to sexual harassment at work, and if both quid pro quo and hostile work environment sexual harassment are covered by the new legislation.

With a view to strengthening the protection against sexual harassment at work and harmonizing the legislation, the Committee once again requests the Government to consider amending section 21 of the Labour Code to also include protection against quid pro quo sexual harassment, and to provide information on any progress made in this respect. Finally, the Committee requests the Government to: (i) step up its efforts in ensuring the effective application of the provisions on sexual harassment, including through measures to address and prevent it in practice, such as awareness-raising and training activities; and (ii) provide information on any cases of sexual harassment at work addressed by the competent authorities.

Article 2. Equality of opportunity and treatment for men and women. The Committee welcomes the adoption, in 2021, of the Act to supplement the Prohibition of Discrimination. The Committee notes, from the statistical information provided by the Government that the rate of economic activity of women of working age (15–64 years old) has increased from 55.7 per cent in 2015 to 60.8 per cent in 2020, while the unemployment rate of women has decreased from 19.2 per cent in 2015 to 9.9 per cent in 2020. Despite the progress made, the Committee notes that, in comparison, in 2020, the rate of economic activity of men of working age was 74.6 per cent and the unemployment rate of men, 9.2 per cent. The Committee notes, from the 2021 annual report of the Commissioner for the Protection of Equality, the adoption of the new Gender Equality Strategy 2021–2030 and the Strategy for Preventing and Combating Gender-based Violence against Women and Domestic Violence 2021–2025. It notes, that among the 595 complaints received by the Commissioner for the Protection of Equality in 2021, 99 of them concerned cases of discrimination based on sex, most of them in relation to employment and occupation. The report establishes that one of the key causes of gender discrimination is the firmly rooted, traditional, patriarchal stereotypes about gender roles in the family and the wider community. In this regard, the Committee notes the report of the UN Entity for Gender Equality and the Empowerment of Women (UN Women) entitled “Economic Value of the Unpaid Care Work in the Republic of Serbia”, which highlights that unpaid care work is the reason for inactivity among women in greater percentages than among men: in 2018, the inactivity rate for women amounted to 39.4 per cent, versus 24.9 per cent for men. Care for own children or others in need is the reason for inactivity for 7 per cent of women and 0 per cent of men, and family or personal reasons are the cause of inactivity for 9 per cent of women and 5 per cent of men. In this regard, the Committee refers to paragraph 783 of its 2012 General Survey on the fundamental Conventions. The Committee further notes, from the concluding observations of the CEDAW, that the Coordination Body for Gender Equality lacks adequate budget, staff, political independence and sustainability. The CEDAW also highlights that women are severely under-represented in local administration, the foreign service, the armed forces and in decision-making positions across all sectors (CEDAW/C/SRB/CO/4, paragraphs 15 and 27). The Committee welcomes the adoption of the Gender Equality Strategy 2021–2030 and requests the Government to provide information on measures taken by the Coordination Body on Gender Equality or by any other authority, to implement the Gender Equality Strategy 2021–2030, including measures to: (i) increase the access of women to formal employment; (ii) address occupational segregation between women and men including in recruitment and promotion; (iii) address the stereotypes and assumptions regarding women’s aspirations and capabilities as well as regarding their suitability for certain jobs; (iv) promote the equal sharing of family responsibilities between women and men; and (v) increase compliance with legal provisions regarding maternity protection. The Committee welcomes the statistical information provided by the Government and requests it to continue to provide such information, disaggregated by sex, indicating the results of the measures taken above.

Articles 1 and 3(d). Equality of opportunity and treatment for men and women. Retirement age of women in the public sector. The Committee refers to its previous comment and asks the Government to take the necessary measures, in cooperation with the social partners, to ensure that there is no direct or indirect discrimination based on sex with respect to the age of retirement in the public sector, and that the working life of women is not shortened in a discriminatory manner.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that the provisions in the Labour Code of 2005 concerning sexual harassment did not cover quid pro quo sexual harassment. The Committee notes with interest that the Government indicates in its report that following an amendment to the Labour Code in 2014, a paragraph was inserted in section 23 providing for the shifting of the burden of proof on the defendant in discrimination cases. The Committee notes though that the definition in section 21(2) of the Labour Code still only refers to sexual harassment due to a hostile working environment. The Government however also indicates that the Law on Prevention of Harassment at Work of 2010 and the Regulations on the Rules of Conduct of Employers and Employees Regarding the Prevention and Protection from Abuse at Work of 2010, stipulate specific manners of behaviour that could be construed as sexual harassment, such as “humiliating and inappropriate comments and actions of sexual nature, attempt or execution of rude and unwanted physical contact, solicitation of acceptance of sexual nature with promises of rewards, threats or blackmail, and other comparable manners of behaviour”. The Committee further notes that section 10(7) and (8) of the Law on Gender Equality 2009 define sexual harassment and sexual blackmail generally taking into account both quid pro quo and hostile environment harassment. Pursuant to section 18 of the Law, sexual harassment and sexual blackmail by an employee is considered a violation of duties leading to termination of the employment contract. With a view to strengthening the protection against sexual harassment in the workplace and harmonizing the legislation, the Committee requests the Government to consider amending section 21 of the Labour Code to include also protection against quid pro quo sexual harassment, and to provide information on any progress made in this respect. It also requests the Government to provide information on any cases of sexual harassment at work addressed by the competent authorities and any measures taken to address and prevent, in practice, sexual harassment in employment and occupation, including awareness-raising and training activities.

Article 2. Equality of opportunity and treatment of men and women. The Committee welcomes the creation of a Coordination Body for Gender Equality in October 2014, which was instrumental in the adoption of the National Gender Equality Strategy for 2016–20 and the accompanying Action Plan for the period of 2016–18 in January 2016. The Committee notes from the statistics provided by the Government that the rate of economic activity of women has gone up from 50.6 per cent in the final quarter of 2010, to 55 per cent in the first quarter of 2015, while the unemployment rate of women has gone down from 21.2 per cent to 20.8 per cent. Women however still comprise the majority of “contributing household members”, at 71 per cent, as compared to 29 per cent for men in 2015. In terms of occupational segregation, the Committee notes that the Strategy and the Action Plan highlight that employed women primarily work in the service sector (76 per cent), representing the majority of those employed in the field of education, healthcare and social protection, while the male workforce is primarily concentrated in the fields of construction, transport, agriculture, mining and the processing industry. There are also twice as many men than women in managerial and governing positions, and twice as many self-employed men than women in the 15 to 64 age group. The rate of informal employment of women is 23.5 per cent, compared to 20.9 per cent for men. The Strategy and the Action Plan also point to the existence of widespread discrimination in labour and employment, shown by the fact that more than half of complaints in this field submitted to the Commissioner for the Protection of Equality in 2014 concerned sex-based discrimination. Legal provisions regarding the protection of pregnant women and new mothers were frequently not respected, and women were rejected in employment competitions more frequently than men with the justification that certain jobs were not for members of their sex (71 per cent). The Committee also notes the Government’s indication that under the Serbian National Employment Action Plan, 58,417 women benefited in 2014 from active employment measures such as job fairs, training regarding job search methods and labour markets, and functional primary education. The Government also indicates that less employable women and women from particularly vulnerable groups were given priority in accessing these measures although certain interventions were dominated by male participants. The Committee welcomes the adoption of the National Gender Equality Strategy 2016–20 and the Action Plan 2016–18 and requests the Government to provide information on measures taken including by the Coordination Body on Gender Equality, to implement the Strategy and the Plan, including measures: to increase the access of women to formal employment; to address occupational segregation between women and men including in recruitment and promotion; to address the stereotypes and assumptions regarding women’s aspirations and capabilities as well as regarding their suitability for certain jobs; to promote equal sharing between women and men of family responsibilities; and to increase compliance regarding legal provisions regarding maternity protection. The Committee welcomes the statistical information provided by the Government, and requests it to continue to provide such information, disaggregated by sex, indicating the results of the measures taken above.

Equality of opportunity and treatment, irrespective of race, colour or national extraction. Members of the Roma community. The Committee notes the Government’s indication that the National Employment Strategy for 2011–20 recognizes the Roma as a particularly vulnerable group in the labour market who are given priority to partake in active employment policy measures administered by the National Employment Service, such as allocations of subsidies for self-employment or for employers hiring persons of Roma nationality, provision of job market information and job counselling. It notes that as a result, 1,592 Roma became employed in 2014. The Committee further notes that a process of developing new strategies for improving the status of Roma in Serbia had begun in 2015, and that a special expert group had been formed to develop activities for primary areas of activity including education and employment. Regarding measures to address the existence of de facto public school segregation of Roma children, the Committee notes that the Government’s report does not provide information in this regard. However, it notes from the Government’s report to the Committee on the Elimination of Racial Discrimination (CERD) that the National Education Strategy defines the education of national minorities as an integral part of the national education system and that a series of laws has been adopted in the area of education to provide protection of children from discrimination, violence, religious intolerance and negative stereotypes: The Law on Amendments to the Law on Fundamentals of the Education System, the Law on Preschool Education, the Law on Primary Education, the Law on Secondary Education and the Law on Education of Adults (CERD/C/SRB/2-5, 23 August 2016, paragraph 125). The Committee asks the Government to continue to provide specific information on measures taken and results achieved to promote equal opportunities of the Roma to access employment and occupation, including the results of the expert group meeting as well as further vocational training activities. It also asks the Government to continue to provide information on the progress and the results achieved through these measures, in particular with respect to the employment of Roma women. Recalling the importance of education as a determining prerequisite for employment, the Committee asks the Government to provide information on the legislative and other measures taken, and the specific results achieved to promote equal access of Roma children to education and to retain them at school, including within the framework of the National Education Strategy and relevant legislation.

Other minorities. The Committee reiterates its request to the Government to provide information on any measures taken to promote equal access to employment and occupation of minorities other than the Roma and on measures taken for preventing and combating stereotypes and prejudice and promoting tolerance among all the components of the population.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that social partners are included in the process of preparing and defining objectives and priorities of employment policy at all levels of Government, and that they are included on an annual basis when the Ministry of Labour, Employment, Veteran and Social Issues develops national action plans for employment. The Government also indicates that social partners are informed about activities conducted by relevant government entities, and that the process of social dialogue has been strengthened through the formation of local employment councils consisting of representatives of trade unions and employers, and through the implementation of capacity-building projects. The Committee requests the Government to provide specific information on measures taken by the Government to seek the cooperation of the social partners with regard to promoting equality of opportunity and treatment in employment and occupation, including details of how social partners are included in the process of preparing and defining the objectives of employment policies and national action plans for employment. It also asks the Government to provide more information on the activities of local employment councils conducted towards strengthening cooperation with social partners. Finally, the Committee requests the Government to indicate how social partners are involved in efforts to promote the Law on the Prohibition of Discrimination and its implementation, as well as the Law on Gender Equality of 2009.

Article 3(d). Civil service. The Committee once again asks the Government to provide information on the representation of men and women, as well as members of the different minorities in the civil service. Please indicate any measures taken to actively promote a balanced representation of men and women, as well as of ethnic minorities in the civil service.

Practical application. The Committee refers to its previous comments requesting the Government to provide information on the measures taken to implement and promote awareness and understanding of the Act on the Prohibition of Discrimination 2009, as well as information on the number, nature and outcome of employment discrimination cases addressed by the competent authorities. The Committee notes the Government’s very general reply that awareness-raising measures were taken, such as lectures, roundtables, and written oral opinions. The Committee asks the Government to provide detailed information on the specific measures taken to implement the Act on the Prohibition of Discrimination of 2009, including any specific training and awareness-raising measures addressing workers and employers and their organizations, labour inspectors and judges, as well as the public at large. Please also provide information on the number, nature and outcome of employment discrimination cases addressed by the labour inspectorate and the Commissioner for the Protection of Equality, the judiciary remedies provided, and sanctions imposed.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations by Education International (EI) and the Teachers Union of Serbia (TUS), dated 8 September 2015.

Articles 1 and 3(d) of the Convention. Equality of opportunity and treatment of men and women. Retirement age of women in the public sector. The Committee notes the observations made by EI and the TUS alleging that section 20 of the Law on Maximum of Employees in the Public Sector, adopted in July 2015, is discriminatory because it obliges women workers in the public sector to retire at the age of 60 years and six months, whereas there is no such restriction for male workers who can work up to the age of 65. EI and the TUS emphasize that the law was adopted without consultation with trade union organizations, and that an estimated 3,500 women in the education sector were forced to retire when the law entered into force on 12 October 2015. EI and the TUS further maintain that section 20 contradicts provisions in several others acts, including: (i) section 175(2) of the Labour Law of 2005, which stipulates that labour relations shall be terminated when an employee turns 65 and has a minimum of 15 years in retirement insurance; (ii) section 19(a)(1) and (2) of the Law on the Pension System, which provides that women can voluntarily retire at the age of 60 and six months in 2015, and at the age of 61 in 2016; and (iii) section 15 of the Constitution regarding gender equality. The Committee recalls that differences in retirement age between women and men can be discriminatory where the amount of the pension is linked to the length of contributory service, as women will receive a lower pension than men, and that earlier retirement ages for women can have a negative impact on women’s career paths and access to higher level positions (2012 General Survey on the fundamental Conventions, paragraph 760). Recalling that pursuant to Article 3(d) of the Convention the Government is required to ensure the observance of a national equality policy in respect of employment under the direction of a national authority, the Committee asks the Government to reply to observations made by EI and the TUS and to take the necessary measures, in cooperation with the social partners, to ensure that there is no direct or indirect discrimination based on sex with respect to the age of retirement in the public sector, and that the working life of women is not shortened in a discriminatory manner.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Equality of opportunity and treatment of men and women. The Committee notes the detailed information, including statistics, provided by the Government on the measures taken between 2009 and 2010 to promote education and training and increase the participation of women in almost all areas of active employment policy to improve their chances to obtain employment in the labour market and develop self-employment. It notes in particular the Government’s indication that the possible reduction in public employment would have a greater impact on women, and that, as a consequence, it is necessary to continue the implementation of gender equality measures of active employment policy, with an emphasis on the employment of women. The Committee notes from the report on the Progress of the Realization of the Millennium Development Goals in the Republic of Serbia (2009) that women constitute the majority of “helping household members” (69.6 per cent in 2005 and 72.3 per cent in 2009), especially in agriculture and they suffer from a particularly unfavourable position, since they work outside the formal labour market and without a salary (p. 55). The Committee also notes that the United Nations Human Rights Committee, in its 2011 concluding observations, while welcoming the efforts made to address the discriminatory situation of women, including the adoption of the Law on Gender Equality in 2009, expressed concern about the low number of women in high-level and decision making positions and the fact that stereotypes subsist with respect to the position of women in the society (CCPR/C/SRB/CO/2, 24 March 2011, paragraph 8). The Committee requests the Government to provide information on the measures taken to increase access of women to formal employment, including self-employment and employment with career opportunities and better remuneration, through national employment plans and strategies; and to address the stereotypes and assumptions regarding women’s aspirations and capabilities, as well as regarding their suitability for certain jobs, and to promote equal sharing of family responsibilities. The Committee further requests the Government to provide detailed information on the implementation of the Law on Gender Equality of 2009, with respect to employment and occupation.

Sexual harassment. In its previous comments, the Committee noted that section 21 of the Labour Code prohibits sexual harassment, but defines it without clearly covering quid pro quo harassment and that persons bringing a complaint to the courts bear the burden of proof. On the other hand, the Committee pointed out that the Law on the Prohibition of Discrimination, while not specifically referring to or defining sexual harassment, prohibits “blackmail and harassment relating to gender” (section 20) and provides that the burden of proof shifts from the plaintiff to the defendant, once the plaintiff has “proved the likelihood” that such act has been committed. The Committee notes that there is no information in the Government’s report on sexual harassment at work. Referring to its 2002 general observation, the Committee requests the Government to consider reviewing the provisions on sexual harassment in the Labour Code to ensure that the key elements of the definition of quid pro quo sexual harassment are included. The Committee also requests the Government to indicate whether and how sexual harassment is covered by the new law on gender equality. The Committee reiterates its request for information on any cases of sexual harassment at work addressed by the competent authorities and any measures taken to address and prevent sexual harassment in employment and occupation, including awareness-raising and training activities.

Equality of opportunity and treatment, irrespective or race, colour or national extraction. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted with concern that certain minorities, including Bosniaks and Albanians, continued to suffer exclusion and discrimination, particularly in the areas of employment and education (CERD/C/SRB/CO/1, 10 March 2011, paragraph 17). The Committee requests the Government to provide information on any measure taken to promote equal access to employment and occupation of minorities and on measures taken for preventing and combating stereotypes and prejudice and promoting tolerance among all the components of the population.

With regard to the situation of the Roma community, the Committee notes the Government’s indications that, according to the Labour Force Survey of 2009, their situation in the labour market remains unfavourable – the employment rate of members of the Roma community being only 27.8 per cent, whereas the average rate of the population is 50.8 per cent, and the situation of Roma women and youth is even worse. The Committee notes from the Government’s report the recent measures taken under the National Employment Action Plan to promote the employment of Roma, including self-employment. It notes in particular that a database for monitoring the effects of positive employment measures for Roma people was created and that in 2010, activities were envisaged to encourage employers to hire members of the Roma community and to raise the capacity of local authorities and councils to create employment opportunities. The Committee asks the Government to continue to provide information on the measures taken to promote equal access of the Roma to employment and occupation, including vocational training, and on the progress monitored and the results achieved, in particular with respect to the employment of Roma women.

With regard to access to education of Roma children, the Committee notes that the CERD, in its concluding observations, urged the State party to address de facto public school segregation, and carry out the necessary measures to facilitate access to quality education including through anti-discrimination training for school staff and awareness raising for parents, increasing the number of Roma teaching assistants, preventing de facto segregation of Roma pupils, and other measures for the promotion of inclusive education (CERD/C/SRB/CO/1, 10 March 2011, paragraph 15). Recalling the importance of education as a determining prerequisite for employment, the Committee asks the Government to provide information on the measures taken to promote equal access of Roma children to education, including pre-school, and to retain them at school.

Article 3(a) of the Convention. Cooperation with workers’ and employers’ organizations. The Committee once again requests the Government to provide information on the measures taken by the Government to seek the cooperation of the social partners with regard to promoting equality of opportunity and treatment in employment and occupation. The Committee also requests the Government to indicate how the social partners are involved in efforts to promote the Law on the Prohibition of Discrimination and its implementation, as well as the new Law on Gender Equality.

Article 3(d). Civil service. The Committee once again asks the Government to provide information on the representation of men and women, as well as members of the different minorities in the civil service. Please indicate any measures taken to actively promote a balanced representation of men and women, as well as of ethnic minorities in the civil service.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Implementation of the non-discrimination legislation. In its previous comments, the Committee noted with interest the adoption of the Act on the Prohibition of Discrimination in April 2009 as well as the observations made by the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Trade Union Federation “Nezavisnost” that despite the enactment of legislation, discrimination continues to occur in practice. The Committee has earlier requested the Government to provide information on the measures taken to promote awareness of, implement and enforce the provisions relating to discrimination in employment and occupation contained in the Labour Code and the Act on the Prohibition of Discrimination. The Committee notes that the Government’s report does not contain any information in this respect. The Committee asks the Government to provide information on the measures taken to implement the anti-discrimination legislation. Furthermore, recalling the importance of concrete and practical measures to promote awareness and understanding of the non-discrimination legislation among workers and employers, their organizations, labour inspectors and judges as well as the public at large, the Committee once again requests the Government to provide information on the promotional and training activities undertaken on the anti-discrimination legislation and on the number, nature and outcome of employment discrimination cases addressed by the labour inspectorate and the Commissioner for Equality and the judiciary, including on remedies provided and sanctions imposed.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equality of opportunity and treatment of men and women. The Committee notes the detailed information, including statistics, provided by the Government on the measures taken between 2009 and 2010 to promote education and training and increase the participation of women in almost all areas of active employment policy to improve their chances to obtain employment in the labour market and develop self-employment. It notes in particular the Government’s indication that the possible reduction in public employment would have a greater impact on women, and that, as a consequence, it is necessary to continue the implementation of gender equality measures of active employment policy, with an emphasis on the employment of women. The Committee notes from the report on the Progress of the Realization of the Millennium Development Goals in the Republic of Serbia (2009) that women constitute the majority of “helping household members” (69.6 per cent in 2005 and 72.3 per cent in 2009), especially in agriculture and they suffer from a particularly unfavourable position, since they work outside the formal labour market and without a salary (p. 55). The Committee also notes that the United Nations Human Rights Committee, in its 2011 concluding observations, while welcoming the efforts made to address the discriminatory situation of women, including the adoption of the Law on Gender Equality in 2009, expressed concern about the low number of women in high-level and decision making positions and the fact that stereotypes subsist with respect to the position of women in the society (CCPR/C/SRB/CO/2, 24 March 2011, paragraph 8). The Committee requests the Government to provide information on the measures taken to increase access of women to formal employment, including self-employment and employment with career opportunities and better remuneration, through national employment plans and strategies; and to address the stereotypes and assumptions regarding women’s aspirations and capabilities, as well as regarding their suitability for certain jobs, and to promote equal sharing of family responsibilities. The Committee further requests the Government to provide detailed information on the implementation of the Law on Gender Equality of 2009, with respect to employment and occupation, and a copy of this law.

Sexual harassment. In its previous comments, the Committee noted that section 21 of the Labour Code prohibits sexual harassment, but defines it without clearly covering quid pro quo harassment and that persons bringing a complaint to the courts bear the burden of proof. On the other hand, the Committee pointed out that the Law on the Prohibition of Discrimination, while not specifically referring to or defining sexual harassment, prohibits “blackmail and harassment relating to gender” (section 20) and provides that the burden of proof shifts from the plaintiff to the defendant, once the plaintiff has “proved the likelihood” that such act has been committed. The Committee notes that there is no information in the Government’s report on sexual harassment at work. Referring to its 2002 general observation, the Committee requests the Government to consider reviewing the provisions on sexual harassment in the Labour Code to ensure that the key elements of the definition of quid pro quo sexual harassment are included. The Committee also requests the Government to indicate whether and how sexual harassment is covered by the new law on gender equality. The Committee reiterates its request for information on any cases of sexual harassment at work addressed by the competent authorities and any measures taken to address and prevent sexual harassment in employment and occupation, including awareness-raising and training activities.

Equality of opportunity and treatment, irrespective or race, colour or national extraction. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted with concern that certain minorities, including Bosniaks and Albanians, continued to suffer exclusion and discrimination, particularly in the areas of employment and education (CERD/C/SRB/CO/1, 10 March 2011, paragraph 17). The Committee requests the Government to provide information on any measure taken to promote equal access to employment and occupation of minorities and on measures taken for preventing and combating stereotypes and prejudice and promoting tolerance among all the components of the population.

With regard to the situation of the Roma community, the Committee notes the Government’s indications that, according to the Labour Force Survey of 2009, their situation in the labour market remains unfavourable – the employment rate of members of the Roma community being only 27.8 per cent, whereas the average rate of the population is 50.8 per cent, and the situation of Roma women and youth is even worse. The Committee notes from the Government’s report the recent measures taken under the National Employment Action Plan to promote the employment of Roma, including self-employment. It notes in particular that a database for monitoring the effects of positive employment measures for Roma people was created and that in 2010, activities were envisaged to encourage employers to hire members of the Roma community and to raise the capacity of local authorities and councils to create employment opportunities. The Committee asks the Government to continue to provide information on the measures taken to promote equal access of the Roma to employment and occupation, including vocational training, and on the progress monitored and the results achieved, in particular with respect to the employment of Roma women.

With regard to access to education of Roma children, the Committee notes that the CERD, in its concluding observations, urged the State party to address de facto public school segregation, and carry out the necessary measures to facilitate access to quality education including through anti-discrimination training for school staff and awareness raising for parents, increasing the number of Roma teaching assistants, preventing de facto segregation of Roma pupils, and other measures for the promotion of inclusive education (CERD/C/SRB/CO/1, 10 March 2011, paragraph 15). Recalling the importance of education as a determining prerequisite for employment, the Committee asks the Government to provide information on the measures taken to promote equal access of Roma children to education, including pre-school, and to retain them at school.

Article 3(a) of the Convention. Cooperation with workers’ and employers’ organizations. The Committee once again requests the Government to provide information on the measures taken by the Government to seek the cooperation of the social partners with regard to promoting equality of opportunity and treatment in employment and occupation. The Committee also requests the Government to indicate how the social partners are involved in efforts to promote the Law on the Prohibition of Discrimination and its implementation, as well as the new Law on Gender Equality.

Article 3(d). Civil service. The Committee once again asks the Government to provide information on the representation of men and women, as well as members of the different minorities in the civil service. Please indicate any measures taken to actively promote a balanced representation of men and women, as well as of ethnic minorities in the civil service.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Implementation of the non-discrimination legislation. In its previous comments, the Committee noted with interest the adoption of the Act on the Prohibition of Discrimination (Official Gazette No. 22/09) in April 2009 as well as the observations made by the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Trade Union Federation “Nezavisnost” that despite the enactment of legislation, discrimination continues to occur in practice. The Committee has earlier requested the Government to provide information on the measures taken to promote awareness of, implement and enforce the provisions relating to discrimination in employment and occupation contained in the Labour Code and the Act on the Prohibition of Discrimination. The Committee notes that the Government’s report does not contain any information in this respect. The Committee asks the Government to provide information on the measures taken to implement the anti-discrimination legislation. Furthermore, recalling the importance of concrete and practical measures to promote awareness and understanding of the non-discrimination legislation among workers and employers, their organizations, labour inspectors and judges as well as the public at large, the Committee once again requests the Government to provide information on the promotional and training activities undertaken on the anti-discrimination legislation and on the number, nature and outcome of employment discrimination cases addressed by the labour inspectorate and the Commissioner for Equality and the judiciary, including on remedies provided and sanctions imposed.

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

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

Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report that women have benefited from employment policy measures in 2006 and 2007 on an equal footing with men. The Committee further notes the report entitled The position of women on the labour market in Serbia published by the Gender Equality Council of the Republic of Serbia and the United Nations Development Programme in 2008. The report finds that the labour market remains segregated horizontally and vertically and that traditional attitudes and gender-bias regarding the roles of men and women in the workplace and society continue to limit women’s opportunities in the labour market. The recommendations drawn up in conjunction with the report provide concrete suggestions for action to address this situation. The Committee requests the Government to provide the following:

(i)    detailed information on the measures taken to promote and ensure women’s equality of opportunity and treatment in employment and occupation, including information on the measures taken to follow-up on the abovementioned recommendations;

(ii)   detailed and updated statistical information on the position of men and women in the labour market;

(iii) indications as to the status of the draft gender equality legislation to which the Committee referred previously.

Sexual harassment. The Committee notes that section 21 of the Labour Code prohibits sexual harassment which is defined as “any verbal, non-verbal or physical behaviour aimed at or representing violation of dignity of a person seeking employment or employee in the area of sexual life, causing fear or breeding adverse, humiliating or insulting environment”. The Committee notes that this provision does not clearly cover quid pro quo harassment and that persons bringing a complaint to the courts bear the burden of proof. On the other hand, the Law on the prohibition of discrimination, while not specifically referring to or defining sexual harassment, prohibits “blackmail and harassment relating to gender” (section 20). Under this Law, the burden of proof shifts from the plaintiff to the defendant, once the plaintiff has “proved the likelihood” that such act has been committed. The Committee encourages the Government to review and strengthen the provisions on sexual harassment at work ensuring that they cover both quid pro quo harassment as well as harassment due to a hostile working environment and to indicate the steps taken in this regard. The Committee also asks the Government to provide information on whether the competent authorities have addressed any cases of sexual harassment at work so far, and whether any other measures have been taken to address and prevent sexual harassment at work, including awareness-raising and training activities.

Equality of opportunity and treatment, irrespective or race, colour or national extraction. In its report, the Government refers to section 32 of the Law on employment and insurance for unemployment which identifies ethnic minorities with a high unemployment rate as one of the specific target groups of active employment policy measures, including additional education and training. At the same time, the Government acknowledges that monitoring the situation of this category of unemployed is difficult since unemployment records according to ethnic origin are not held. While the Committee welcomes that ethnic minorities with high unemployment rates are identified as a target group for measures to promote their access to employment and occupation, it is concerned at the apparent absence of data that would allow the Government to set targets and monitor progress towards their achievement. The Committee requests the Government to indicate the measures taken to establish appropriate data reflecting the position of ethnic minorities in the labour market, in compliance with international data protection and human rights standards, and to indicate any progress made in this regard.

With regard to the situation of the Roma minority, the Committee notes from the Government’s report that in 2007 some 140 Roma participated in programmes to acquire elementary education and vocational skills, while some 300 Roma participated in public works. Further, taking into account that many Roma are engaged in informal work, the Committee also notes measures taken to promote self-employment. The Committee is also aware that the Government adopted a National Strategy for the Promotion of the Position of Roma in April 2009, which includes a chapter on employment. According to the Government’s initial report under the International Convention on the Elimination of all Forms of Racial Discrimination, the Roma population is estimated to number between 250,000 to 500,000 (CERD/C/SRB/1, 1 October 2009, paragraph 73). The Committee requests the Government to continue to provide detailed information on the implementation of the various programmes and schemes aimed at promoting equal access of the Roma to employment and occupation, the manner in which the situation of Roma women is addressed, and information on the results achieved. In this regard, the Committee requests the Government to provide an overview of the strategies, measures and targets to achieve non-discrimination and equality of the Roma in employment and occupation set out in the 2009 National Strategy for the Promotion of the Position of Roma, as well as information on the progress made in implementing them.

Article 3(a) of the Convention. Cooperation with workers’ and employers’ organizations. The Committee notes the information provided by the Government with regard to the Committee’s comments on the application of this provision of the Convention, outlining in general terms the existing tripartite cooperation mechanisms. The Committee requests the Government to provide information on the measures taken by the Government to seek the cooperation of the social partners more specifically with regard to promoting equality of opportunity and treatment in employment and occupation. The Committee also requests the Government to indicate how the social partners are involved in efforts to promote the Law on the prohibition of discrimination and its implementation.

Article 3(d). Civil service. Recalling its previous comments regarding the application of the Convention in respect of the civil service, the Committee notes that that section 7 of the Law on civil servants prohibits discrimination against a civil servant in his or her rights and obligations on the grounds of race, religion, sex, national or political affiliation or other personal attributes. Section 9 provides that all job positions shall be accessible under equal conditions; section 11 provides that all civil servants shall be equal with regard to promotion, rewarding and enjoying legal protection. While noting these provisions, the Committee stresses that the Convention aims at promoting and ensuring equality in law and in practice and asks the Government to provide information on the representation of men and women, as well as members of the different minorities in the civil service. Please indicate any measures taken to actively promote a balanced representation of men and women, as well as of ethnic minorities in the civil service.

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

The Committee notes the Government’s report as well as the observations from the Confederation of Autonomous Trade Unions of Serbia and the Trade Union Federation “Nezavisnost”, which were received along with the Government’s report.

Legislative developments. The Committee notes with interest the adoption of the Act on the Prohibition of Discrimination (Official Gazette No. 22/09) in April 2009. The Committee notes that the Act prohibits direct and indirect discrimination in a number of areas, including education, vocational training and employment (sections 16 and 19). The Committee notes that the Act’s definition of discrimination includes an open list of prohibited grounds as follows: race, skin colour, ancestors, citizenship, national affiliation or ethnic origin, language, religious or political beliefs, gender, gender identity, sexual orientation, financial position, birth, genetic characteristics, health, disability, marital and family status, previous convictions, age, appearance, membership in political, trade union and other organizations and other real or presumed personal characteristics (section 2(1)). The Committee welcomes that the Act goes beyond prohibiting discrimination based on the seven grounds explicitly listed in the Convention, as envisaged in Article 1(1)(b). The Committee also notes that the Act provides for the establishment of a Commissioner for the Protection of Equality. The Commissioner’s mandate includes receiving and reviewing complaints regarding violations, the issuing of opinions and recommendations, and filing cases before courts.

Implementation of the non-discrimination legislation. The Committee notes from the comments made by the Confederation of Autonomous Trade Unions of Serbia and the Trade Union Federation “Nezavisnost” that despite the legislation in place, discrimination continues to occur in practice. In this regard, the Committee recalls its previous comments in which it requested the Government to provide information on the manner in which the labour inspection services supervise the application of the provisions prohibiting employment discrimination contained in sections 18 to 23 of the Labour Code. Noting that the Government has not yet provided a reply to these comments, and also in view of the newly adopted Act on the Prohibition of Discrimination, the Committee wishes to emphasize the importance of concrete and practical measures to promote awareness and understanding of the non-discrimination legislation among workers and employers, and the public at large. In addition, efforts may be required to enable the competent administrative and judicial authorities to be able to address cases of employment discrimination including through workshops and training activities. The Committee requests the Government to provide information on the measures taken to ensure the full implementation of the provisions relating to discrimination in employment and occupation contained in the Labour Code and the Act on the Prohibition of Discrimination, including promotional and training activities. In addition, the Committee requests the Government to provide information on the number, nature and outcome of employment discrimination cases addressed by the labour inspectorate and the Commissioner for Equality, including information on remedies provided or sanctions imposed. If such information is not available, the Committee requests the Government to take the steps necessary to collect such data, and to provide it in its future reports.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and requests it to provide additional information on the following matters.

1. Articles 1 and 2 of the Convention. Legislation. The Committee notes with interest the provisions prohibiting discrimination in employment and occupation contained in section 18-23 of the Labour Code. With respect to the Law on Employment and Unemployment Insurance, the Committee notes that section 8 prohibits discrimination in the provision of employment services on a number of grounds, however, not on the ground of sex. The Committee recommends amending section 8 of the Law on Employment and Unemployment Insurance to prohibit discrimination based on sex, and requests the Government to indicate any measures taken in this regard. Please also indicate the progress made in the adoption of a new law on gender equality.

2. Gender equality. The Committee notes that the Government’s report contains little information on the measures taken by the Government to promote and ensure equality of opportunity and treatment of men and women in employment. It, therefore, requests the Government to provide information on any specific activities of the Gender Equality Council to promote gender equality at work, the manner in which the National Employment Strategy and its implementation promote gender equality in employment (including equal access of men and women to jobs and employment in all sectors and levels of responsibility), as well as statistical information on the participation of men and women in the labour market.

3. Equality irrespective of ethnic origin. The Committee notes that the Government has taken a number of measures to promote the access of members of the Roma minority to employment, including through the adoption of an action plan on this matter. The Committee requests the Government to provide detailed information on the specific programmes carried out to promote equal opportunities in employment and occupation of the Roma, including positive measures. Please provide statistical information on the level of participation of the Roma in the various programmes and the impact of these measures on their labour market situation. In addition, the Committee requests the Government to indicate the measures taken to promote equality of opportunity and treatment in employment and occupation of other national minorities, including the legislation in force protecting the human rights of persons belonging to these minorities.

4. Enforcement. The Committee notes that the labour inspection services are mandated to address violations of the Labour Law’s non-discrimination provisions and that the Law provides penalties for breaches of the relevant provisions. In addition, victims of discrimination can seek compensation in court. The Committee requests the Government to provide information on the manner in which the labour inspection services supervise the application of the non-discrimination provisions of the Labour Law, including the number and outcome of infringement proceedings. It also asks the Government to indicate any discrimination cases dealt with by the courts.

5. Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee requests the Government to indicate the measures taken to seek cooperation of workers’ and employers’ organizations in promoting equality of opportunity in employment and occupation, including any specific action taken in this area by the Social and Economic Council.

6. Article 3(d). Employment under the direct control of a national authority. The Committee notes that the Labour Law applies to employees of public bodies, territorial autonomous bodies and local self-government and public services, unless the law stipulates otherwise. The Committee requests the Government to indicate how the Convention is applied to civil servants.

7. Article 4. Measures affecting individuals suspected of or engaged in activities prejudicial to state security. The Committee requests the Government to provide information on any legislative or administrative measures that may have been taken concerning persons justifiably suspected of or engaged in activities prejudicial to the security of the State, which may restrict these person’s access to employment and occupation, and the procedural remedies available to challenge such action.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee recalls the communication submitted jointly by the World Confederation of Labour (WCL) and the Confederation of Autonomous Trade Unions of Serbia (CATUS) dated 6 January 2004. The communication referred to section 13(1) of the 2001 Labour Law of the Republic of Serbia establishing a general health requirement as a condition for establishing an employment relationship; section 14(1) which required every employee to inform the employer of his or her health condition and other circumstances that significantly influence his or her performance of duties prior to entering into an employment contract; and section 16(3) which required the employee, when establishing an employment relation, to submit to the employer documents proving that she or he meets the conditions for work. The WCL and CATUS alleged that these provisions were discriminatory with regard to access to employment.

2. The Committee notes the Government’s reply to the observations made by WCL and CATUS indicating that, according to the 2005 Labour Law (Official Gazette No. 24/05 and 61/05 of the Republic of Serbia) job applicants have no obligation to inform employers about their health status. The Committee also notes that the 2005 Labour Law no longer contains the provisions of former sections 13(1) and 14(1). The provisions of the former section 16(3) have been amended and included in the new section 26 of the 2005 Labour Law. section 26(1) provides that a candidate for employment shall, when the labour relation is established, supply the employer with documents and other evidence that the requirements for the job in question, as set in the Organizational Structure and Human Resource Document, are fulfilled. section 26(2) states that the employer shall not require the candidate to supply evidence and documents that are not directly relevant for the performance of the job. In addition, the Committee notes that section 18 of the new Labour Law prohibits direct and indirect discrimination on the basis of health status. The Committee considers that the new Labour Law addresses the concerns expressed by the WCL and CATUS.

The Committee is addressing a request directly to the Government on other matters.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the communication submitted jointly by the World Confederation of Labour (WCL) and the Confederation of Autonomous Trade Unions of Serbia (CATUS) dated 6 January 2004 providing information on the application by Serbia and Montenegro of Convention No. 111. The communication refers to section 13(1) of the 2001 Labour Code establishing a general health requirement as a condition for establishing an employment relationship; section 14(1) which requires every employee to inform the employer of his or her health condition and other circumstances that significantly influence his or her performance of duties prior to entering into an employment contract; and section 16(3) which requires the employee, when establishing an employment relation, to submit to the employer documents proving that she or he meets the conditions for work. WCL and CATUS allege that sections 13(1), 14(1) and 16(3) of the Labour Code are discriminatory with regard to access to employment, in disregard of Article 1(1)(b), Article 3(1)(b) and (c), as well as Article 3(2) of the Convention.

2. Noting that the Government’s first report has not been received, the Committee hopes that a report will be supplied for examination by the Committee at its next session. It also requests the Government to include any comments it wishes to make in reply to the observations made by WCL and CATUS in order to enable the Committee to consider the matters raised at its next session.