Night Work (Women) Convention (Revised), 1948 (No. 89) - Serbia (Ratification: 2000)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. Prohibition of night work for women. The Committee notes the Government’s statement that it intends to denounce the Convention as soon as possible and to proceed with the ratification of the Night Work Convention, 1990 (No. 171), shortly. The Government indicates that its intention to ratify Convention No. 171 is reflected in the Decent Work Country Programme for Serbia 2013–17 and adds that the national legislation is mostly in compliance with the requirements of that Convention. In addition, the Committee notes the comments of the Union of Employers of Serbia according to which Convention No. 89 is contrary to EU law and therefore the Government should terminate its obligations under that instrument. The Committee recalls that Convention No. 89 will next be open to denunciation as from 27 February 2021. In the meantime, the Committee trusts that the Government will take active steps to move towards the ratification of Convention No. 171 and requests it to keep the Office informed of any progress made in this regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Prohibition of night work for women. The Committee notes that under the new Labour Law of 2005, there is no general prohibition against women’s night work except for young workers under 18 years of age (section 88) and pregnant women during the last eight weeks of pregnancy but also during the first 32 weeks of pregnancy, if such work would be detrimental for their health or the health of their child, as certified by a competent medical authority (section 90). The Committee is therefore bound to conclude that the Convention is no longer implemented in either law or practice.

In this regard, the Committee wishes to refer to paragraph 93 of its General Survey of 2001 on the night work of women in industry in which it firmly requested those governments which opted to no longer apply one of the relevant night work Conventions Nos 4, 41 or 89 for reasons of gender equality and non-discrimination in employment, to take concrete measures under ILO constitutional procedures with a view to formally terminating their obligations arising out of those Conventions. While recognizing that certain international treaty obligations might have become outdated over time, the Committee considered that any contradiction between those obligations and domestic legislation should be properly removed in the interest of preserving a coherent body of international labour standards and giving full meaning to the Organization’s supervisory organs. For all useful purposes, therefore, the Committee recalls that Convention No. 89 may be denounced every ten years and will again be open to denunciation for a period of one year as from 27 February 2011. The Committee once again invites the Government to give favourable consideration to the ratification of Convention No. 171 and to keep the Office informed of any decision taken with respect to Convention No. 89.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the information supplied in the Government’s report. It notes, in particular, that the new Labour Law of 21 December 2001 does not provide for a general prohibition against the employment of women at night with the exception of section 68(1) which does not allow pregnant women to work at night during the last eight weeks of pregnancy. In addition, under section 68(2) and (3) of the Labour Law, a female employee with a child up to 3 years of age, or a single parent of a child of up to 7 years of age, or of a seriously disabled child, may work at night only upon her written consent. The Committee is therefore bound to conclude that the Convention has for all practical purposes ceased to apply. In this connection, the Government’s attention is drawn to paragraphs 191-202 of the 2001 General Survey on the night work of women in industry in which the Committee referring to the continued relevance of the ILO instruments on women’s night work concluded that there can be no doubt that the present trend is clearly in support of lifting all restrictions on women’s night work and formulating gender-sensitive night work regulations offering safety and health protection to both men and women. The Committee further indicated that the Night Work Convention, 1990 (No. 171), was drafted for those countries which would be prepared to eliminate all women-specific restrictions on night work (except for those aimed at protecting women’s reproductive and infant nursing role) while seeking to improve the working and living conditions of all night workers. Considering, therefore, that effect is no longer given to the provisions of the Convention in either law or practice, and also recalling the need for an appropriate legal framework addressing the problems and hazards of night work in general, the Committee invites the Government to give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), which shifts the emphasis from a specific category of workers and sector of economic activity to the safety and health protection of night workers irrespective of gender in nearly all branches and occupations. It asks the Government to keep the Office informed of any decision taken in this regard.