Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Serbia

Occupational Cancer Convention, 1974 (No. 139) (Ratification: 2000)
Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2000)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2009)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 139 (occupational cancer), 155 (OSH) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) on the application of Conventions Nos 139 and 187 communicated with the Government’s report.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155) and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 8 of Convention No. 155 and Article 4(1) and (2)(a) of Convention No. 187. Obligation to establish, maintain, progressively develop and periodically review a national system for occupational safety and health, in consultation with the most representative organizations of employers and workers. Legislation. The Committee notes the Government’s indication in its report, with respect to previous observations on the adoption of laws without consultation with the social partners or prior consideration by the Social and Economic Council, that from April 2016 to July 2023, all regulations and strategic documents in the field of occupational safety and health were discussed and adopted in consultation with CATUS, the Trade Union Confederation “Nezavisnost”, and the Serbian Association of Employers, and through the Social and Economic Council, and its Permanent Working Body for Occupational Safety and Health. It indicates that during the amendments to the Law on Pension and Disability Insurance in 2018 and 2021, public debates were held in which employers’ and workers’ organizations took part. The Committee notes that a new Law on Occupational Safety and Health (Official Gazette of the RS, No. 35/23) was adopted on 28 April 2023, and it notes the detailed list of OSH regulations adopted or amended until 2023. In its observations, CATUS reiterates that public debates cannot be conducted via email, which has been done several times so far with several different laws and regulations, which in practice prevents all interested parties from participating meaningfully and equally in the public debate process. The Committee requests the Government to provide its comments in this respect. It requests the Government to continue to take measures to ensure that the periodic review of the national legislative framework is in consultation with the most representative organizations of employers and workers.

Protection against specific risks

Occupational Cancer Convention , 1974 (No. 139)

Article 5 of the Convention. Medical examinations during the period of employment and thereafter. The Committee notes the Government’s reference to section 15 of the Rulebook on Preventive Measures for Safe and Healthy Work related to Exposure to Carcinogens or Mutagens, which provides for the monitoring of health status before and during employment. The Committee notes that the section provides for prior and periodic medical examinations of employees at workplaces with increased risk and targeted medical examinations for employees at workplaces which have not been identified to have increased risk. At the same time, the Committee notes that Annex 2 of the Rulebook refers to measures of health status monitoring. The Committee notes with regret that the Government has not provided information regarding the provision of medical examinations upon termination of employment and thereafter as are necessary, and it recalls in this respect that there is often a significant latency period between occupational exposure and the development of cancer. In its observations, CATUS expresses concerns with regard to non-compliance with the medical examination obligation, indicating that no cases of occupational disease have been reported for years. It further indicates that employees do not receive medical examinations, biological or other tests that are necessary to assess their health status in connection with the professional hazards after termination of employment. In addition, CATUS states that it believes there is a need to introduce a mandatory annual medical examination, even for those workplaces which are not at higher risk, including part-time positions. The Committee requests the Government to provide its comments regarding the issues raised by CATUS. In addition, the Committee reiterates its previous request urging the Government to take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations as are necessary to evaluate their state of health in relation to occupational hazards not only during the period of employment but also thereafter. It also requests the Government to provide information on the incidence of occupational diseases in Serbia, and to provide detailed information on the measures taken to ensure their identification, diagnosis, recording and notification.

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