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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Serbia (Ratification: 2000)

The Committee notes the Government’s report concerning the application of the Convention in the Republic of Serbia, in particular, the adoption of the new Labour Law of the Republic of Serbia of 15 March 2005. It notes that the report 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 for examination by the Committee at its next session.

Article 6, paragraph 4, of the Convention. Further to its previous comment, the Committee asks the Government to specify how it is ensured that the traditions and customs of religious minorities are, as far as possible, respected.

Article 7, paragraph 3. While noting the Government’s indication that the postponement of the day of weekly rest as a result of the redistribution of working hours mainly occurs in sectors of economic activity such as civil engineering, industry and transport services, the Committee asks the Government to provide more detailed information on the manner in which section 57 of the Labour Law is applied in practice.

Article 8, paragraphs 1 and 2. The Committee notes that section 67, paragraph 4, of the Labour Law, permits temporary exemptions from the general weekly rest standard, if necessary. The Committee considers that this provision is broader in scope than the Convention which lays down specific conditions under which temporary exemptions may be granted, namely, accident, force majeure, urgent work to premises and equipment, abnormal pressure of work, and prevention of the loss of perishable goods. It therefore asks the Government to indicate the measures taken or envisaged to ensure that temporary exceptions are only authorized in the cases provided for in this Article of the Convention, and only after consulting the representative employers’ and workers’ organizations concerned.

Article 9. The Committee would be grateful if the Government would provide explanations as to how this Article of the Convention is given effect in both law and practice.

Part V of the report form. The Committee notes the statistical information provided by the Government regarding labour inspection results for 2004 as well as the total number of persons employed in commerce. The Committee would appreciate if the Government would continue supplying general information on the practical application of the Convention.