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

Weekly Rest (Industry) Convention, 1921 (No. 14) - Serbia (Ratification: 2000)

The Committee notes that the first report on the application of the Convention only provides information on the Republic of Serbia and does not contain information on the application of the Convention in the Republic of Montenegro. It therefore requests the Government to also provide full information on the application of the Convention in the Republic of Montenegro.

The Committee also notes the observations made by the World Confederation of Labour (WCL). The Government has not, as yet, commented on these observations.

The Committee requests the Government to provide additional information on the application of the Convention in Serbia on the following points.

Article 2, paragraphs 2 and 3, of the Convention. Provision of weekly rest. Section 51 of the Labour Code states that workers are entitled to a weekly rest of at least 24 consecutive hours. The WCL observes that the Labour Code does not stipulate the weekly rest days or the normal weekly rest scheme. The Committee requests the Government to indicate whether the weekly rest is, wherever possible, granted simultaneously to the whole of the staff of each undertaking and whether it is fixed to coincide, wherever possible, with the days already established by the traditions or customs of the country or district.

Article 4, paragraph 1. Total or partial exceptions. Section 44 of the Labour Code allows averaging of working time and section 51 allows work on the weekly rest day, if it is indispensable that the employee works on the day of the weekly rest. The Committee recalls that total or partial exceptions from the weekly rest provisions may only be authorized after special regard is had to all proper humanitarian and economic considerations and after consultation with the responsible associations of employers and workers. The provision of a weekly rest should be considered an elementary guarantee to safeguard the health and welfare of workers and protect them against the risk of abuse. Therefore, exceptions should be kept to what is strictly necessary. The Committee therefore requests the Government to indicate how it ensures that the special regard is had and whether responsible associations were consulted for all exceptions authorized to the weekly rest.

Article 7. Posting of notices. Section 39 of the Labour Code requires the employer to determine the schedule of the working hours and section 19(1)(9) requires the employment contract to specify the daily and weekly working hours. The Committee reminds the Government that under Article 7 each employer, director or manager should be obliged to make known the days of the weekly rest by means of notices posted conspicuously in the establishment if the rest is granted collectively, or if the rest is not granted collectively, to make known by means of a roster the days of the weekly rest. Both notices and rosters should be drawn up in a manner approved by the Government. The Committee requests the Government to indicate whether any provisions exist in order to ensure that such notices are placed in establishments and if no provisions exist, to amend its legislation to ensure that the obligations are placed on employers to ensure that such notices are posted.

[The Government is asked to reply in detail to the present comments in 2005.]