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

Maternity Protection Convention, 2000 (No. 183) - Serbia (Ratification: 2010)

The Committee takes note of the observations of the Trade Union Confederation “Nezavisnost”, received on 20 October 2023, the Confederation of Autonomous Trade Unions of Serbia (CATUS), received on 13 October 2023, and the Serbian Association of Employers, received on 13 October 2023. The Committee requests the Government to provide its comments in this regard.

Article 1 of the Convention. Coverage of women in atypical forms of employment. The Committee notes the information provided by the Government that section 183(1) of the Labour Law guarantees that fixed-term contracts expiring during pregnancy or maternity leave are extended until the end of the maternity leave. The Committee also notes that section 187 of the same Law states that during pregnancy, maternity leave, leave to breastfeed a child and leave for special care of a child, the employer cannot terminate the employment contract, including in respect of fixed-terms contracts, which shall be extended until the end of the leave.

Article 8(2). Remuneration after maternity leave. The Committee takes note of the information provided by the Government that, according to section 33 of the new Law on Gender Equality, No. 52/2021, of 1 June, employers are obliged to guarantee the return of the worker after maternity leave to the same or equivalent job. The Committee notes the observations of the Trade Union Confederation “Nezavisnost”, indicating that national legislation is not yet fully harmonized with Article 8(2) of the Convention, since it does not expressly guarantee the return of the worker to the same position or equivalent, without a reduction in salary. In this context, the Committee requests the Government to reply to the observations of the Trade Union Confederation “Nezavisnost” in this regard. Furthermore, the Committee requests the Government to provide information concerning the measures adopted to ensure the return of women to the same or equivalent position without salary reduction, including, for example, labour inspection reports concerning violations in this respect, penalties imposed on employers and any court decisions or legal disputes if available.

Article 10. Nursing breaks. The Committee takes note with interest of the information provided by the Government that section 93A of the Labour Law provides nursing women with one or more daily breaks of a total duration of ninety minutes or reduction of daily work hours by ninety minutes, until the child is one year of age, if the amount of daily working hours is six or more. The Committee requests the Government to provide information on the manner in which it ensures that women who work less than the statutory working time, e.g. those working less than six daily hours, are also entitled to nursing breaks, as required by Article 10 of the Convention.