Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the observations of the Trade Union Confederation (TUC) “Nezavisnost” and of the Confederation of Autonomous Trade Unions of Serbia (CATUS) communicated with the Government’s report.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Government indicates in its report that the Law on Gender Equality 2021 defines harassment in general (article 10.6), sexual harassment (article 10.7) and sexual blackmailing (article 10.8). The Committee notes that, in its observations, “Nezavisnost” deplores that the Government has failed to indicate in its report that the Law on Gender Equality 2021 has been suspended by the Decision of the Constitutional Court of 28 June 2024 and thus is no longer in force. The Committee notes that the court has not yet rendered a final decision on the law’s constitutionality, and there is no set deadline for this ruling. The court’s decision means that all activities undertaken based on the Gender Equality Law are suspended, i.e. that employers and public authorities are temporarily relieved of their obligation to enact specific provisions of the law, such as using gender-sensitive language and updating their data on gender equality implementation. In this regard, the Committee recalls that the Labour Code still only refers to sexual harassment due to a hostile working environment and takes notes that a revision of the labour legislation is planned in the near future and that the opinion of the Committee on the need to amend article 21 of the Labour Law will be taken into account. The Committee requests the Government to provide information on the impact of the interim decision of the Constitutional Court to suspend the application of the 2021 Gender Equality Act, in particular on the measures foreseen therein and on whether it affects the right of individuals to seek effective redress in cases of sexual harassment. It requests the Government to report on: (i) the final decision of the Constitutional Court and its impact on the status of the Law on Gender Equality and acts derived from it; (ii) any progress made towards the revision of the labour legislation, including section 21 of the Labour Code; and on (iii) the measures adopted to ensure the effective application of the provisions on sexual harassment (prevention, awareness-raising, training activities, effective enforcement mechanisms and access to justice). Please provide information on any cases of sexual harassment brought to the attention of the labour inspectors or any other competent authorities, indicating the nature of the case, any sanctions imposed and the remedies provided.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes that the Government refers to the measures foreseen in the Strategy for Gender Equality 2021–2030 and indicates that, according to the National Employment Service, in order to encourage the employment of women, since 2016, gender budgeting has been introduced as part of the employment policy of the Republic of Serbia, so that at least 51 per cent of the persons involved in the measures of the active labour market policy (ALMP) are women, and that at least 51 per cent of employees after the measures are women. The planned participation of unemployed women in ALMP measures in 2023 in relation to the total number of persons included in the measures is 56 per cent. The Committee notes the data submitted by the Government regarding complaints in the field of labour and employment in the last three years, disaggregated by sex and complainants. The Government stresses that the largest number of complaints related to discrimination against women was in connection with childbirth, maternity and child care. A number of complaints related to problems in exercising parental rights, disparagement and insults based on gender, and offensive and sexist content in public space and media. The Government acknowledges that women face less opportunity for work promotion and are in a particularly vulnerable position as they are often exposed to multiple discrimination, based on gender, marital and family status, property status, disability, national minorities (especially Roma), age, sexual orientation, health status, coming from rural or remote areas. These groups of women are often exposed to specific forms of violence, and they are almost always in a disadvantageous position not only in relation to men who belong to the same groups, but also in relation to women in the general population. The Committee requests the Government to indicate to what extent the decision of the Constitutional Court to suspend the application of the 2021 Gender Equality Act and consequently of certain acts derived from has impacted the continued implementation of the various measures adopted to enhance women’s access to the labour market and address occupational segregation between women and men, in the framework of the Gender Equality Strategy 2021–30.

Retirement age of women in the public sector. The Government states that in 2024, the condition for exercising the right to old-age pension for men is 65 years of age and 15 years of insurance period, and for women 63 years and eight months of age and 15 years of insurance period. The age requirement is gradually being equalized for both sexes, so that in 2032 it will be 65 years of age. In addition, members of both sexes can retire after reaching 45 years of service, regardless of their age. The Government indicates that there is no discrimination against women regarding the retirement age. By fulfilling the conditions for exercising the right to a pension, a person is given the opportunity to exercise the right to a pension at his/her personal request, which means that it is not an obligation. Thus, women can continue to work without any hindrance after becoming eligible for retirement. Additionally, the Government points out that the regulations in this area stipulate that when calculating the amount of pension for insured women, the length of the completed insurance period, as an element for calculating the amount of pension, is increased by 6 per cent. In this way, a higher amount of pension is made possible for women who realize their right to a pension earlier than men. The Committee asks the Government to continue to provide information on any developments, both in law and practice, towards equalizing the retirement age for both women and men.

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