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

Minimum Wage Fixing Convention, 1970 (No. 131) - Serbia (Ratification: 2000)

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

Representation made under article 24 of the ILO Constitution. Article 2(1) of the Convention. Prohibition of abatements. The Committee notes that the Governing Body at its 346th Session (November 2022) decided that the representation made under article 24 of the ILO Constitution by the Association of Teachers’ Syndicates of Vojvodina, alleging non-observance by Serbia of Convention No. 131, was receivable. The Committee observes that the complainant organisation alleges that some categories of workers (such as cleaners, waitresses, caretakers, stokers, drivers…) employed in the public services (such as schools, preschool institutions, hospitals, clinical centres, healthcare centres, social welfare institutions and the like) who receive minimum wages, do not receive the meals at work and holidays allowances to which minimum wage earners are entitled under Section 111(6) of the Labour Law. According to the complainant organisation, the fact that these allowances are included in the minimum wages’ calculation formula and not paid separately, results in these workers receiving less than the legally guaranteed amount, in contradiction to this Article of the Convention. In its observations, the CATUS refers in detail to the above-mentioned issue and indicates that around 5,000 lawsuits by public sector workers are pending concerning the lack of separate payment of the meals at work and holidays allowances. Given that this issue is covered by the aforementioned representation, and in accordance with its usual practice, the Committee has decided to defer the examination of this issue until the Governing Body adopts its report on the representation.

Representation made under article 24 of the ILO Constitution. Article 3. Minimum wage level and criteria for the determination of the minimum wage. In its previous comments, the Committee examined the criteria for the determination of the minimum wage and whether the level of the minimum wage is sufficient to cover the basic needs of the workers and their families. The Committee observes that in the aforementioned representation the complainant organization alleges that in Serbia, the minimum wage does not match the amount of the minimum consumer basket, when, in the case of the above-mentioned workers, the calculation of meals at work and holidays allowances is made within the minimum net salary, resulting in a further reduction of the final amount received, in a way that does not ensure the social safety of the employees. The Committee notes that the observations of “Nezavisnost” and the CATUS touch upon the level of the minimum wages in the country and the implication for workers of the different formulas to calculate them and are closely related to the above-mentioned representation. In accordance with its usual practice, the Committee has decided to defer the examination of this issue until the Governing Body adopts its report on the representation.

Article 4(2). Full consultation with employers’ and workers’ organizations. The Committee notes the observations of the Trade Union Confederation “Nezavisnost” and CATUS, according to which, during the last decade, with the exception of 2018, there has been no agreement between the social partners and the Government during their negotiations at the Social and Economic Council regarding the level of the minimum wage. “Nezavisnost” indicates that the unilateral determination of the amount of the minimum labour price per working hour by Government Decision, is a method of determination that should be an exception, and its recurrence shows the weakness of social dialogue. CATUS indicates that, in 2023 as in other years, the Government unilaterally decided on the level of the minimum wage, in accordance with its parameters and available financial resources in the governmental Budget. The Committee requests the Government to provide its comments in this respect.

Article 5. Enforcement. The Committee takes note of the information provided by the Government’s report with respect to labour inspection activities for the period 2019–22, which include numbers of decisions issued by the labour inspectorate related to eliminating irregularities in relation to wages. The Committee requests the Government to provide more detailed information with respect to these decisions, including the number of violations detected and the sanctions imposed (amount of fines imposed, sums of wages recovered, etc.). Regarding labour inspection, the Committee refers the Government to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).