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

Workers with Family Responsibilities Convention, 1981 (No. 156) - Serbia (Ratification: 2000)

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Serbian Association of Employers (SAE), communicated with the Government report.

Article 3 of the Convention. National policy. The Committee notes with interest the adoption of the new Law on Gender Equality on 20 May 2021, which recognizes and defines unpaid housework and provides for the collection, recording and publication of statistical data disaggregated by sex and age, including regular monitoring of unpaid domestic work (art. 12 and 28). The Committee takes notes of the Government’s evaluation of the implementation of the National Action Plan for the Realization of the Gender Equality Strategy 2016-2018 (NAP) and the National Gender Equality Strategy 2016-2020 and observes that it recorded limited positive steps in raising awareness of the importance of gender equality, but that the actions were insufficient to change patriarchal culture and stereotypes. The Committee also notes that SeConS Development Initiative Group (SeConS) conducted an independent evaluation of the NAP with the support of the United Nations (UN) Entity for Gender Equality and the Empowerment of Women (UN Women) and concluded that the action plan 2016-2018 had been ineffective in promoting equal participation of men and women in parenting roles and the care economy. According to the Gender Equality Index for the Republic of Serbia 2021, the gender gap with regard to caring for the elderly, children and family members with disabilities is still very pronounced: 41.2 per cent of women aged 18 and above perform these activities daily, while only 29.5 per cent of men do so. The Committee observes that, in October 2021, the Government adopted the Gender Equality Strategy 2021-2030, whose “Objective 1” is to reduce the gender gap in economy, science and education, including by supporting the activation of women in the labour market and increasing employability and employment (measure 1.1); and the recognition, valuing and redistribution of unpaid domestic work, and the increase of available time for paid work, personal development and free time (measure 1.2). The Committee requests the Government to provide information on:

• (i)the actions taken to implement the Law on Gender Equality and the Gender Equality Strategy 2021-2030;
• (ii)the results achieved in this regard; and
• (iii)any advancements with regard to the promotion of equal sharing of care and family responsibilities between men and women.

Article 4. Leave entitlements. The Committee observes that, in its report, the Government does not provide statistics, disaggregated by sex, on the extent to which employees with family responsibilities make use of the leave entitlements and reduced working hours. The Committee takes note of CATUS’ observations, according to which there is no protection for employees with responsibilities towards the elderly, the sick and family members with disabilities, including a lack of protection against dismissal due to the need to assist a close relative. The Committee asks the Government to provide information on the measures taken to ensure effective protection of employees with family responsibilities, including caring for a close family member.The Committee once again encourages the Government to take the necessary steps to compile statistics, disaggregated by sex, on the extent to which employees with family responsibilities make use of leave entitlements and reduced working hours, including under sections 77 and 91-100 of the Labour Code.

Maternity leave. The Committee observes that, since the entry into force of the new Law on Financial Support to Families with Children, in July 2018, 105,302 mothers and 45 fathers have enjoyed “maternity leave”. With regard to childcare leave, the Government indicates that 102,210 mothers and 603 fathers have benefited from it; while 16,318 mothers and 184 fathers have taken special childcare leave. The Committee requests the Government to provide information on any measure adopted to promote equality between men and women with regard to childcare responsibilities, and to continue providing statistics, disaggregated by sex, on the number of employees who make use of maternity leave, childcare leave and other entitlements relating to leave for nursing a child.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that the activity of preschool institutions is multifunctional and includes children’s education, nourishment, care and preventive healthcare and social protection. The preschool education system consists of a network of 456 institutions, which served 216,570 students during the academic year 2020-2021. The Government indicates that the demand is greater than the existing offer of places, as 9,562 children were admitted over capacity and 5,297 children were placed on waiting lists. The Government indicates that the still insufficient coverage is a consequence of an uneven network of preschool facilities at the local level, insufficient space and limited investment. The Committee also notes that children without parental care, children with developmental disabilities and children from materially disadvantaged families are exempted from the obligation to pay for full-time and half-day programs, in accordance with the regulations governing financial support to families with children. The Committee requests the Government to continue providing information on the number and nature of community childcare, family services and other facilities available to workers with family responsibilities, as well as on the number of workers with family responsibilities who avail themselves of childcare and other family services, disaggregated by sex.

Article 6. Information and education. Noting that no information was provided on this issue, the Committee requests the Government to:

• (i)indicate which authorities and bodies are responsible for the promotion of information and education on equality between men and women workers and workers with family responsibilities; and
• (ii)provide specific information on the actions taken to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities.

Article 7. Integration in the labour market. The Committee notes the Government’s indication that, in 2020, 878 women (out of 1001 persons) benefited from active labour market policy measures for unemployed single parents, and that the vast majority of beneficiaries of the additional training and educational program for unemployed single parents (82 out of 89 persons) were women. The Committee also notes that, in 2018, 105 parents of children with developmental disabilities benefited from active labour market policies, 105 in 2019, and 46 in 2020, and that some of them enjoyed additional education and training programmes (7 in 2018, 3 in 2019 and 4 in 2020). The Committee observes that, according to the abovementioned evaluation of the NAP on Gender Equality 2016-2018, conducted by SeConS and UN Women, 97% of people who do not look for a job due to their responsibility towards children or adult family members who need care are women. The Committee takes note of the Employment Strategy in the Republic of Serbia 2021-2026, adopted in February 2021, in particular its “Special Objective 2”, which aims at improving the position of women in the labour market (measure 2.4) through an analysis of the preconditions for reconciling work and family life (activity 2.4.2). The Committee notes that the new Gender Equality Law establishes that employers in the public and private sector shall organize professional development and training programmes taking into account the family obligations of employees (art. 29). The Committee requests the Government to provide information on:

• (i)the implementation of the Employment Strategy 2021-2026 and its results, in particular with regard to the above-mentioned activity 2.4.2; and
• (ii)the extent to which workers with family responsibilities, particularly women, benefit in practice from additional education and training. The Committee also asks the Government to provide statistical information on the number of employees who return to work after taking maternity leave or leave for childcare.

Article 9. Collective agreements. The Committee takes note of the collective agreements mentioned by the Government, which contain provisions on additional paid leave (such as for the birth or adoption of a child, or illness of a close family member) and unpaid leave, including caring for an ill family member. The Committee requests the Government to continue providing information on collective agreements which contain provisions that could assist workers in reconciling their work and family responsibilities. The Committee also requests information on cases dealt with by the labour inspectorate and/or judiciary related to the practical application of those provisions.

Article 11. Cooperation with employers’ and workers’ organizations. The Committee takes note of the annual reports of the Social and Economic Council of the Republic of Serbia. The Committee also takes note of SAE’s observation, according to which SAE consulted the representatives of the Ministry of Labour, Employment, Veteran and Social Affairs and the representative trade unions during the development of the conclusion and recommendations for the Project “Work-Life Balance and Promotion of Gender Equality” (2017), financed by the European Commission. The Committee requests the Government to continue providing information on measures taken to promote social dialogue and tripartite cooperation on matters related to the Convention, and to indicate the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures.